US no longer accepts Filipinos under H2A and H2B programs

The US Department of Homeland Security has recently announced that the Philippines is no longer in the list of countries eligible to send its citizens under the H2A and H2B temporary worker program. For those asking what is H2A or H2B, this is simply a category of non-immigrant visa allowing US employers to bring in foreign nationals to the US to fill in seasonal and temporary jobs. H2A is for those in the agricultural sector while H2B is for non-agricultural jobs such as those in resort and hospitality services, retail sales, landscaping, food service and processing, and construction.

The Philippines was in this list until we were removed on January 19, 2019. DHS points out the high rate of visa overstays, human trafficking concerns, potential for abuse and fraud as reasons for our country's exclusion. This ban is in effect for one year and perhaps in 2020 DHS would have to reevaluate whether or not the Philippines would be reinstated by then.

This DHS announcement does not surprise me as I have sensed it before that it is just a matter of time when the Philippines gets delisted.  Personally, I have received calls from H2 visa holders who have overstayed and are trying to circumvent the regulations just to remain in the US. While I do not blame them for not returning to the Philippines, I also cautioned them that in the long term, this is not good, not only in their own individual cases, but for the other workers who were just simply following the rules.

It is probably a good move for the Philippine government to do everything it can to persuade the US government to reconsider its decision and take a favorable look on the Philippines when it gets reevaluated next year. I suggest that the Philippines would have to take a more proactive and cooperative approach in getting back in the list by having a credible system of tracking down these workers and making sure that they follow the programs' guidelines. Like what the government is doing with the OFWs, these temporary workers in the US under this program should also be accorded with the same protections and monitoring.

This column is not a substitute for professional legal advice obtained from a US-licensed immigration attorney. The information contained herein does not constitute a warranty or guarantee or legal advice regarding a reader’s specific immigration case. No attorney-client relationship is and shall be established with any reader.

For any questions, comments and observations, please contact Atty. Marco Tomakin at [email protected].