Attention Immigration and Business Professionals: Urgent Policy Alignment Needed for H-2B Visa Processing
- visa code
- Sep 19
- 2 min read
The Department of State's 9 FAM guidance (402.10-4(E) (U)) for H-2B Nonimmigrant Visas has not yet been updated to reflect the recent DHS changes removing and adding designated countries eligible for the program. The most recent updated date is 09-29-2022.
This gap creates a real risk of visa denials, especially for applicants interviewed at consulates that were not part of the designated list until the new policy took effect on January 17, 2025, where consular officers rely primarily on the current 9 FAM. Such denials can disrupt U.S. employers’ access to vital seasonal and temporary workers, impacting industries dependent on this workforce.
References on DHS Policy Removing Designated Countries Effective January 17, 2025
Modernizing H-2 Program Requirements, Oversight, and Worker Protections
Published by the Federal Register on December 18, 2024
DHS announced elimination of the requirement that USCIS may only approve H-2 nonimmigrant petitions for nationals of countries designated as eligible by DHS and DOS. This change aims to improve program efficiency and reduce barriers to legal migration.
Full text available at: https://www.federalregister.gov/documents/2024/12/18/2024-29353/modernizing-h-2-program-requirements-oversight-and-worker-protections
USCIS Official Website – H-2B Temporary Non-Agricultural Workers
DHS regulations effective January 17, 2025, no longer require USCIS to consider whether the beneficiary is a national of a country designated eligible by DHS and DOS for participation in the H-2B program.
This regulatory update lifts the country-specific eligibility restrictions for H-2B petition approvals.
Source link:
Important Note on 9 FAM Discrepancy
While DHS has updated the policy effective January 17, 2025, the Department of State’s Foreign Affairs Manual (9 FAM 402.10-4(E)) H-2B Nonimmigrants section has not yet been updated to reflect this removal of designated countries.
This discrepancy may create confusion among consular officers worldwide, possibly leading to visa denials that would constitute legal error.
Current 9 FAM text available at:
https://fam.state.gov/fam/09FAM/09FAM040210.html (CT:VISA-1623; 09-29-2022)
Aligning the 9 FAM with DHS policy is critical to ensure consistent visa adjudication, prevent confusion, and protect U.S. businesses and petitioners alike.
Let's urge policymakers to prioritize updating these publicly available guidelines promptly. Consistency in immigration policy is essential for a robust and fair system.