The U.S. Department of Homeland Security, in conjunction with the Department of State, published an updated list of countries approved for the H-2B visa program for temporary non-agricultural workers. The following is a list, taking effect November 8, 2024 through November 7, 2025, which dictates eligible foreign nationals for participation within the program.
What Is the H-2B Visa Program?
The H-2B visa program enables U.S. employers to hire foreign workers to fill temporary non-agricultural jobs when there are not enough American workers available to fill the positions. This program is heavily used by industries like hospitality, construction, and landscaping due to seasonal labor shortages.
Eligibility for H-2B Visa
Applicants for the H-2B visa should meet the following requirements:
- Be a citizen of a country included in DHS’s eligible list.
- Has a valid job offer from a U.S. employer for temporary employment.
- Has demonstrated intention to return to their country of nationality upon completion of the employment period.
India is not on the H-2B Eligible List
India is not included in the latest list of countries eligible for the H-2B visa program. This means that Indian nationals are largely ineligible for the program. However, exceptions can be made on a case-by-case basis if DHS determines that approving a petition for an applicant from a non-designated country serves U.S. interests.
Impact on Indian Workers
India being excluded may prevent some Indians to avail employment under the given circumstances, temporarily to the United States to undertake non-agricultural activities. Alternative visa options might have to be found, or overseas job search considered.
Conclusion
The H-2B visa program is still an essential source to fill the labor gap in the United States’ non-agricultural sectors. Although the eligibility list is updated annually and can change, exclusion of India from this list calls for Indian workers to look elsewhere. Future applicants should check for changes to this list and apply for other jobs if that’s the case.
