Overview
Title
Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H-2A and H-2B Nonimmigrant Worker Programs
Agencies
ELI5 AI
The U.S. Government decides which countries people can come from to work in the U.S. for a short time; this year, people from 81 countries can come to work on farms, and people from 80 countries can come to work in other jobs. Some countries were removed from the list because they didn't follow the rules, but the Philippines was added because there is a need for workers in certain places.
Summary AI
The Department of Homeland Security (DHS), with the Secretary of State's agreement, has listed 81 countries whose nationals can participate in the H-2A visa program and 80 countries for the H-2B visa program for the coming year. Overstay rates, cooperation with the U.S. on immigration matters, and compliance with visa rules are key factors for these designations. Mongolia, Samoa, and Tonga have been removed from eligibility due to non-compliance issues, while the Philippines has been added to the H-2B list to address labor shortages for U.S. military projects in Guam and the Northern Mariana Islands. These designations are effective from January 19, 2021, to January 18, 2022.
Abstract
Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may generally only approve petitions for H-2A and H-2B nonimmigrant status for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated by notice published in the Federal Register. Each such notice shall be effective for one year after its date of publication. This notice announces that the Secretary of Homeland Security, in consultation with the Secretary of State, is identifying 81 countries whose nationals are eligible to participate in the H-2A program and 80 countries whose nationals are eligible to participate in the H-2B program for the coming year.
Keywords AI
Sources
AnalysisAI
The document, published by the Department of Homeland Security (DHS) in consultation with the Secretary of State, provides an updated list of foreign countries whose nationals are eligible to participate in the H-2A and H-2B nonimmigrant visa programs for the year beginning January 19, 2021, through January 18, 2022. The H-2A visa program pertains to agricultural work, while the H-2B program applies to non-agricultural jobs. This update identifies 81 countries eligible for H-2A visas and 80 for H-2B visas.
General Summary
To maintain the integrity of these visa programs, the DHS and the Secretary of State evaluate countries based on several criteria, including cooperation with U.S. immigration practices and visa overstay rates. Countries uncooperative in facilitating the return of their nationals with final orders of removal or those with high overstay rates may lose their eligibility. New to the list, the Philippines has been added to the H-2B program, addressing labor demands related to U.S. military projects in territories like Guam. Conversely, Mongolia, Samoa, and Tonga have been removed due to issues concerning visa overstays and non-cooperation with U.S. deportation orders.
Significant Issues and Concerns
The document relies on complex regulatory references and terminologies that could be challenging for a general audience to fully grasp. Concepts such as "unreasonably high risk" in visa overstay rates and what constitutes the "U.S. interest" in determining eligibility can appear subjective and vague without specific guidelines, potentially leading to inconsistent application across different cases.
Further, the discretion granted for allowing individuals from non-designated countries to obtain these visas might result in varying interpretations and possible legal inconsistencies. While subjective criteria offer flexibility, they can also complicate oversight and equitable treatment.
Public Impact
Broadly, this document affects both U.S. employers and foreign nationals seeking H-2A and H-2B visas. Workers from eligible countries can continue or seek work in the U.S. under these programs, while nationals from newly ineligible countries might face uncertainty or loss of employment opportunities. U.S. agriculture and other industries reliant on foreign labor will be directly impacted, as changes in eligible worker pools could influence operational capacities and labor costs.
Impact on Specific Stakeholders
For U.S. employers, particularly in agriculture and sectors that utilize H-2B labor, these changes could necessitate finding new foreign workers or facing labor shortages, impacting productivity and profitability. Employers in Guam and similar areas may see easing labor challenges with the Philippines' addition, facilitating critical military and civilian construction projects.
Foreign nationals from countries like Mongolia, Samoa, and Tonga, who are now deemed ineligible, may face job displacement and reduced opportunities to enter the U.S. workforce. In contrast, nationals from the Philippines might experience increased opportunities, not just for individuals but for broader economic ties between their home country and the United States.
In conclusion, while the document ensures alignment of the visa process with national interests and regulatory standards, it also underscores the dynamic and often politically sensitive nature of immigration policy, affecting numerous lives and economic realities both domestically and internationally.
Issues
• The document uses technical regulatory references (e.g., 8 CFR 214.2(h)(5)(i)(F)(1)(i)) which may be difficult for general audiences to understand without further context or explanation.
• The criteria for designating eligible countries include terms such as 'unreasonably high risk' and 'U.S. interest,' which could be considered subjective and lack specific quantifiable measures.
• The considerations for allowing nationals from non-designated countries to be beneficiaries of H-2A or H-2B petitions are outlined, but the document leaves room for discretion, which could lead to inconsistent application.
• The financial or operational impact of removing or adding countries from/to the eligibility list is not discussed, which might make it difficult to assess potential wasteful spending or inefficiencies.
• The specific criteria or thresholds for the determination of a favorable or unfavorable decision on visa program participation are not explicitly detailed, which could result in ambiguity in decision-making.
• The footnotes contain some technical jargon (e.g., the Taiwan Relations Act of 1979) that might not be universally known, potentially causing confusion.