H-2A and H-2B Visas: Eligible Countries and Updated Caps

The H-2A and H-2B visas remain among the main pathways for those seeking to work legally in the United States on a temporary basis. Every year, the Department of Homeland Security (DHS), in consultation with the Department of State (DOS), publishes in the Federal Register the list of countries whose nationals may be hired through these programs. The list is dynamic: countries may be added, maintained, or removed based on criteria related to cooperation, fraud, overstay rates, and compliance with program terms.

The version of the list published on November 8, 2024, valid through November 7, 2025, recognized 88 countries eligible for H-2A and 89 countries eligible for H-2B, with Belize as the only new addition during that period. Brazil, Portugal, other European Union countries, Cape Verde, Portuguese-speaking neighbors such as Mozambique, and Latin American countries such as Mexico, Argentina, Chile, Colombia, Bolivia, and Paraguay remained eligible. Mongolia and the Philippines continue to be authorized only for H-2B; Paraguay remains eligible only for H-2A.

The next annual revision of the list is typically published in November, and those planning to apply should always confirm the current version on the USCIS website or in the Federal Register before initiating any petition.

How the H-2A Visa Works

The H-2A is the temporary visa for foreign agricultural workers. It allows U.S. employers to hire foreign labor for seasonal or temporary positions in agriculture, provided they demonstrate that no local workers are available and willing to fill the positions and that hiring foreign workers will not adversely affect the wages and working conditions of domestic workers.

The process begins with the U.S. Department of Labor (DOL), which issues temporary labor certification; the employer then submits the petition (Form I-129) to USCIS; once the petition is approved, the worker schedules a consular interview in their country of residence. The program has no annual numerical cap: supply is driven by certified demand from the sector.

Recent Statistics

According to the H-2A Selected Statistics report released by the DOL’s Office of Foreign Labor Certification, the program has been on a growth trajectory over the past decade, with hundreds of thousands of positions certified per fiscal year. The relative share of Mexican workers remains high, although the presence of South African, Jamaican, and Central American nationals has increased.

How the H-2B Visa Works

The H-2B is the temporary visa for foreign workers in non-agricultural occupations, frequently associated with hospitality, landscaping, construction, amusement parks, seafood processing, the events industry, and gardening. As with the H-2A, the employer must demonstrate the unavailability of American workers and the temporary nature of the need—which may be seasonal, peak-load, intermittent, or a one-time occurrence.

Annual Cap and Supplemental Allocations

Federal law sets a cap of 66,000 H-2B visas per fiscal year, divided into two halves of 33,000 each (first and second halves of the fiscal year). When market pressure strains the system, Congress authorizes DHS to open supplemental caps.

For fiscal year 2026, DHS and DOL published a temporary final rule authorizing up to 64,716 additional H-2B visas, distributed across three tranches: 18,490 for returning workers with employment start dates between January 1 and March 31, 2026; 27,736 for returning workers with start dates between April 1 and 30, 2026; and 18,490 (plus any remaining slots) open to nationals of any country, with start dates between May 1 and September 30, 2026. The first two tranches have already reached their caps, and the third remains subject to the employer demonstrating irreparable harm if the position is not filled.

Why the Country List Changes

The inclusion or exclusion of a country considers objective criteria defined by regulation: cooperation with citizen repatriation, fraud records, petition abuse, overstay rates (irregular stay after visa expiration), and other forms of non-compliance with program rules. DHS may modify the list at any time through a new publication in the Federal Register.

It is important to note that, even when a country is not on the list, USCIS may approve a petition if the hiring is deemed in the interest of the United States—a narrow exception, evaluated on a case-by-case basis and used sparingly.

Key Points for Applicants

Those seeking to work in the U.S. through H-2 programs must keep in mind that the initiative always comes from the employer: self-petitioning does not exist. The position must be temporary, certified by the DOL, and formalized through an employer petition to USCIS. Attempts to pay third parties to ‘buy’ an H-2 job offer are, as a rule, indicators of fraud and may jeopardize future applications.

• Always check the current version of the eligible country list before planning your application.
• Keep copies of the employment contract, DOL certification, and USCIS receipt.
• Respect the authorized period of stay: a history of overstay weighs against both the worker and their home country.
• Avoid intermediaries who charge the applicant high fees—under U.S. rules, the employer bears most of the costs.

Stay Informed

Since the list is revised annually and the H-2B supplemental cap changes each fiscal year, any serious planning should start with official publications from USCIS, the Department of Labor, and the Federal Register. For those seeking a legal temporary work route to the U.S., understanding the regulatory calendar is just as important as meeting the employer’s requirements.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.