USCIS Announces Countries Eligible for H-2A and H-2B Visa Programs - Only Three African Countries in the List

U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS), in consultation with the Department of State, have announced the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in 2020.

The H-2A allows US employers to bring in foreign workers to the US to fill temporary agricultural jobs, while the H-2B allows US employers to bring in temporary non-agricultural jobs.

The departments of Homeland Security and State have sole authority to add or remove countries whose nationals are eligible to participate in the two programs, and can add or remove any country that fails to meet the program requirements.

“Fraud, abuse, denial rates, overstay rates, human trafficking concerns” are among factors can lead to countries being removed from the list,  says USCIS.

For 2020, only nationals of these three African countries qualify to participate in the program; Madagascar, Mozambique, and South Africa.

Countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in 2020:

*Moldova, Paraguay, and the Dominican Republic are eligible to participate in the H-2A program, but they are not eligible to participate in the H-2B program.

**Regarding all references to “country” or “countries” in this document, it should be noted that the Taiwan Relations Act of 1979, Pub. L. No. 96-8, Section 4(b)(1), provides that “[w]henever the laws of the United States refer or relate to foreign countries, nations, states, governments, or similar entities, such terms shall include and such laws shall apply with respect to Taiwan.” 22 U.S.C. § 3303(b)(1). Accordingly, all references to “country” or “countries” in the regulations governing whether nationals of a country are eligible for H-2 program participation, 8 CFR 214.2(h)(5)(i)(F)(1)(i) and 8 CFR 214.2(h)(6)(i)(E)(1), are read to include Taiwan. This is consistent with the United States’ one-China policy, under which the United States has maintained unofficial relations with Taiwan since 1979.