The Department of Homeland Security (DHS), in coordination with the Department of Labor (DOL), has implemented a groundbreaking update to the H-2B nonimmigrant worker program: the removal of the country-of-origin eligibility list. As our Beverly Hills, CA Immigration lawyer who has a 4.9 rating on Google can share, this reform is part of a broader modernization rule that took effect in January 2025 and is designed to expand access to temporary seasonal workers while increasing protections and efficiency for employers and employees alike.
With so many different immigrant and nonimmigrant visas, here’s what this means specifically for the H-2B and why it matters.
What Was The Old Country List Rule?
Under the previous rules, only nationals from designated “eligible” countries could apply for an H-2B visa, unless the employer submitted a special written request to DHS. This process was time-consuming, uncertain, and often inaccessible for smaller employers.
Each year, DHS published a “H-2B Eligible Country List,” and workers from non-listed countries had to be vetted through a separate petition process which is a barrier that often excluded otherwise qualified and willing laborers.
What’s Changed?
Under the 2025 Final Rule, the country eligibility list has been eliminated. Employers can now recruit workers from any country, provided the petition and job offer comply with all H-2B program requirements.
This opens the door to a broader labor pool, removes bureaucratic red tape, and levels the playing field for employers who need to fill critical seasonal and temporary positions.
Why This Is A Big Deal
Removing the country restrictions creates several major benefits:
- Expanded Labor Access
- Employers can recruit skilled laborers from any part of the world, not just from the U.S.-approved list.
- This change helps industries hit hardest by seasonal labor shortages — like hospitality, landscaping, seafood processing, and construction.
- Faster Hiring Timelines
- No more delays for employer requests to add a country to the list.
- Reduces overall processing time and administrative burden.
- Equal Opportunity For Workers
- Migrants from previously excluded countries now have access to lawful, regulated employment in the U.S.
- Employer Flexibility
- Allows repeat H-2B employers to retain returning workers even if their country had been removed from the list in prior years.
Are There Still Safeguards?
Yes. All H-2B petitions remain subject to:
- Labor Certification (ETA-9142B) from the DOL
- Recruitment and housing standards
- Wage protections
- H-2B cap (66,000 per fiscal year, unless supplemental visas are released)
Workers still undergo the same security screening and work visa interviews, and employers must comply with all standard terms under the H-2B program.
What Employers Should Do Now
If you’re an employer:
- You can expand your recruiting network beyond previously limited countries
- You no longer need to submit special requests to DHS for “non-listed” nationals
- Consider working with experienced immigration counsel to ensure full compliance with updated requirements and onboarding best practices
The removal of the H-2B country list marks a historic shift toward fairness, flexibility, and practicality in America’s seasonal employment system. With increased access to qualified workers worldwide, businesses can better meet demand — and workers can pursue new opportunities in a safe, lawful, and regulated way.
If your business relies on seasonal labor and you’re unsure how these changes apply to you, we’re here to help.
Contact us today to schedule a strategy session and ensure your next H-2B recruitment cycle is fully optimized. We have over three decades of experience to put to work for your case. Contact Bolour / Carl Immigration Group, APC today!
