USCIS Announces Addition of St. Vincent and the Grenadines to Eligible Countries for the H-2A and H-2B Visa Programs

USCIS and the Department of Homeland Security (DHS), in consultation with the Department of State, have added St. Vincent and the Grenadines to the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs for the coming year. The notice listing the eligible countries was published on Oct. 26, 2016 in the Federal Register. DHS reserves the right to add countries to the eligible countries list at any time, and to remove any country at any time DHS determines that a country fails to meet the requirements for continued designation.

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 only approves H-2A and H-2B petitions for nationals of countries the Secretary of Homeland Security has designated as eligible to participate in the programs. USCIS, however, may approve H-2A and H-2B petitions for nationals of countries not on the list if it is determined to be in the interest of the United States.

Effective Jan. 18, 2017, nationals of the following countries are eligible to participate in the H‑2A and H-2B visa programs:

Andorra	Fiji	Madagascar	Slovakia
Argentina	Finland	Malta	Slovenia
Australia	France	Moldova*	Solomon Islands
Austria	Germany	Mexico	South Africa
Barbados	Greece	Monaco	South Korea
Belgium	Grenada	Montenegro	Spain
Belize	Guatemala	Nauru	St. Vincent and the Grenadines
Brazil	Haiti	The Netherlands	Sweden
Brunei	Honduras	Nicaragua	Switzerland
Bulgaria	Hungary	New Zealand	Taiwan**
Canada	Iceland	Norway	Thailand
Chile	Ireland	Panama	Timor-Leste
Colombia	Israel	Papua New Guinea	Tonga
Costa Rica	Italy	Peru	Turkey
Croatia	Jamaica	The Philippines	Tuvalu
Czech Republic	Japan	Poland	Ukraine
Denmark	Kiribati	Portugal	United Kingdom
Dominican Republic	Latvia	Romania	Uruguay
Ecuador	Lichtenstein	Samoa	Vanuatu
El Salvador	Lithuania	San Marino
Estonia	Luxembourg	Serbia
Ethiopia	Macedonia	Singapore

*Moldova is designated to participate in the H-2A program, but it is not eligible to participate in the H-2B program.

** With respect to 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.

This notice does not affect the status of beneficiaries who currently are in the United States in H-2A or H-2B status unless they apply to change or extend their status. Each country’s designation is valid for one year from Jan. 18, 2017.

For more information on these programs, see the H-2A Temporary Agricultural Workers page and the H-2B Temporary Non-Agricultural Workers page.