Investor Presentaiton
Additional Requirements for
Beneficiaries from “Non-List" Countries
(Cont'd)
In order for USCIS to consider approval of a beneficiary from a non-list country, the
petitioner must submit evidence to establish that it is in the U.S. interest to grant the
alien H-2A or H-2B status. Determination of such a U.S. interest will take into
account factors, including but not limited to:
(i) Evidence from the petitioner demonstrating that a worker with the required skills is not
available from among foreign workers from a country currently on the list;
(ii) Evidence that the beneficiary has been admitted to the United States
previously in H-2A or H-2B status;
(iii) The potential for abuse, fraud, or other harm to the integrity of the
H-2 visa program through the potential admission of a
beneficiary from a country not currently on the list; and
(iv) Such other factors as may serve the U.S. interest.View entire presentation