The USCIS has publisheda notice in the Federal Register announcing changes to countries whoare eligible to supply workers pursuant to the H-2 visa program. The Philippines is no longer one of thecountries that is eligible to supply workers under this program.
This is an annual notice publicationthat covers the period from January 19, 2019 – January 18, 2020.
It is important to note that this hasno impact whatsoever on Registered Nurses, Physical Therapists, MedicalTechnologists and other allied healthcare workers. These healthcare workers are normally filedunder the H-1B visa (temporary non-seasonal workers) or Green Cards (Permanentresidents). H-2 visas are normallyassociated with agricultural workers, trades workers in fields likeconstruction, and other seasonal workers such as those in resorts or thefishing industry.
The rationale for eliminating thePhilippines from the H-2 program is explained in the report. This decision will be revisited in January2020.
ThePhilippines has a high H-2B overstay rate. In FY 2017, DHS estimated thatnearly 40 percent of H-2B visa holders from the Philippines overstayed theirperiod of authorized stay. Additionally, among all U.S. posts throughout theworld, U.S. Embassy Manila issues the greatest number of T-derivative visas(T-2, T-3, T-4, T-5, T-6), which are reserved for certain family members ofprincipal T-1 nonimmigrants (certain victims of a severe form of trafficking inpersons). U.S. Embassy Manila issued approximately 40 percent of the totalT-derivative visas issued worldwide from FY 2014-2016. A recent review ofcertain T-1 status recipients, whose spouses were issued T-2 visas during thissame period, shows that approximately 60 percent were determined to have beentrafficked to the United States on H-2B visas. DHS and DOS are concerned aboutthe high volume of trafficking victims from the Philippines who were originallyissued H-2B visas and the potential that continued H-2B visa issuance mayencourage or serve as an avenue for future human trafficking from the Philippines.DHS and DOS also believe that these overstay and human trafficking concerns aresevere enough to warrant removal from the H-2A visa program as well. Thisconcern is informed by a four-fold increase in H-2A visa applications fromnationals of the Philippines between FY 2015-2018. The Philippines’ continuedinclusion creates the potential for abuse, fraud, and other harm to theintegrity of the H-2A or H-2B visa programs.