Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may only approve petitions for H-2A and H-2B nonimmigrant status for nationals of countries that the Secretary of Homeland Security, has designated by notice published in the Federal Register. This notice announces that the Secretary of Homeland Security, in consultation with the Secretary of State, has identifying 39 countries whose nationals are eligible to participate in the H–2A and H–2B programs for the coming year.

This notice is effective January 18, 2010, and shall be without effect at the end of one year after January 18, 2010.

Following consultations with the Department of State, the Secretary of Homeland Security finds, with the concurrence of the Secretary of State, that the 28 countries designated in the December 18 and 19, 2008 notices continue to meet the standards identified in those notices for eligible countries and therefore should remain designated as countries whose nationals are eligible to participate in the H–2A and H–2B programs.

A new development to report, 11 additional countries are now joining to the list of countries whose nationals are eligible to participate in the H-2A and H-2B programs. In consideration of all of the above, this notice designates for the first time Croatia, Ecuador, Ethiopia, Ireland, Lithuania, The Netherlands, Nicaragua, Norway, Serbia, Slovakia, and Uruguay as countries whose nationals are eligible to participate in the H-2A and H-2B programs.

The nationals from the following countries are eligible to participate in the H–2A and H–2B visa programs for this year:

Argentina, Australia, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Ethiopia, Guatemala, Honduras, Indonesia, Ireland, Israel, Jamaica, Japan, Lithuania, Mexico, Moldova, The Netherlands, Nicaragua, New Zealand, Norway, Peru, Philippines, Poland, Romania, Serbia, Slovakia, South Africa, South Korea, Turkey, Ukraine, United Kingdom, Uruguay.

This notice does not affect the status of aliens who currently hold H–2A or H–2B nonimmigrant status.