The Department of Homeland Security (DHS), in consultation with the Department of State (DOS), has announced the countries whose nationals are eligible to participate in the H-2A and H-2B visa programs.

Effective November 9, 2023, nationals of Haiti, among other countries, are eligible to receive H-2A and H-2B visas.

DHS maintains its authority to amend the eligible countries lists at any time through publication of a Federal Register Notice, should DHS and DOS determine that a country fails to meet the requirements for continued designation. Examples of factors that could result in the exclusion of a country or the removal of a country from the list include fraud, abuse, nonimmigrant visa overstay rates, and other forms of noncompliance with the terms and conditions of the H-2 visa programs by nationals of that country that are contrary to U.S. interest.

The H-2A and H-2B visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs, respectively. Typically, USCIS approves H-2A and H-2B petitions only for nationals of countries that the secretary of homeland security has designated as eligible to participate in the programs. However, USCIS may approve H-2A and H-2B petitions, including those that were pending as of the date of publication of the Federal Register Notice, for nationals of countries not on the lists on a case-by-case basis only if doing so is determined to be in the interest of the United States.

This notice does not affect the status of H-2 beneficiaries who currently are in the United States unless they apply to extend their stay in H-2 status on the basis of a petition filed on or after the date of publication of the Federal Register Notice. Similarly, this notice would not affect the eligibility of an H-2 beneficiary to apply for an H-2 visa and/or seek admission to the United States based on an H-2 petition approved prior to the date of publication of the Federal Register Notice. It does apply to nonimmigrants changing status in the United States to H-2A or H-2B. Each country’s designation is valid from Nov. 9, 2023, until Nov. 8, 2024.

For more information H-2A Temporary Agricultural Workers : https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2a-temporary-agricultural-workers

For more information H-2B Temporary Non-Agricultural Workers : https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2b-temporary-non-agricultural-workers

HL/ HaitiLibre