New U.S. Refugee Pathway Offers Potential Options for South African Workers

A recent policy shift from the U.S. federal government potentially opens a new immigration pathway for some South African nationals. While still limited in scope, this development may be of interest to U.S. employers who already rely on South African labor through temporary visa programs like H-2A. 

On February 7, 2025, President Trump signed Executive Order 14204, titled “Addressing the Egregious Actions of the Republic of South Africa.” The order responds to South Africa’s Expropriation Act 13 of 2024, which allows land seizures without compensation, particularly farmland from owners the U.S. government describes as members of an “ethnic minority” facing targeted violence and discrimination (BBC News, 2025). The South African government claims that no land has yet been seized under the act, but the U.S. has still implemented the following notable items of interest: 

1. The suspension of foreign aid to South Africa.
2. The prioritization of refugee resettlement for white South Africans (primarily Afrikaners) who could qualify under existing humanitarian protections. 

This policy exhibits a rare and controversial use of executive discretion in refugee admissions during a period when most U.S. refugee and asylum programs have been temporarily suspended or significantly reduced by the current administration. The White House has insisted that these South African refugee approvals are approved on a case-by-case basis, and applicants must meet all relevant legal standards under U.S. refugee law. 

Eligibility

The February 7 executive order directs the Departments of State and Homeland Security to create a plan for the “relief and resettlement” of South Africans who must be of South African nationality, of Afrikaner ethnicity or be a member of a racial minority in South Africa, and have the ability to articulate a past experience of persecution or fear of future persecution” (US Embassy & Consulates In South Africa, 2025). 

On May 12 of 2025, a group of 59 white South African nationals arrived in the U.S. under this new policy. Reports indicate many had prior experience in farming or agricultural work, and several were connected with farming communities in the Western Cape and Free State provinces (USA Today, 2025). 

This program does not replace the H-2A visa which remains a temporary, employment-based visa, but it could potentially offer a longer-term immigration solution for qualifying South Africans with relevant backgrounds. 

Interaction with H-2A Programs

U.S. agricultural employers who currently utilize the H-2A temporary agricultural worker program may want to follow this development closely. Although the refugee pathway differs from the H-2A visa, workers who have previously entered the U.S. on H-2A visas may be better positioned to apply for asylum or humanitarian relief if they later experience persecution in their home country. Additionally, some of the same populations eligible under this executive order may also be well suited for future employment through H-2A programs or sponsorship under other legal pathways. 

Employers should note: 

• Refugee status, if granted, allows for permanent residence and eventually citizenship. 
• H-2A workers generally must return home after their contract period ends, unless another path is pursued. 
• A refugee does not need to maintain an employer relationship to remain in the U.S., unlike most employment-based visas. 

This could provide a more stable immigration status for select workers and families that qualify under the order. 

Broader Context

It’s worth noting that this policy comes at a time when most refugee and asylum programs remain suspended for other countries, following Executive Order 14163 (Realigning the U.S. Refugee Admissions Program), signed on January 20, 2025 (Federal Register). 

In this broader context, the February 7 order stands out. While the administration has maintained that these exceptions are merit-based and limited, immigration attorneys and human rights organizations continue to evaluate how these policies could be applied in practice. 

Next Steps for Employers and Workers

Although still in its early stages, the refugee program for South African applicants may present an opportunity for individuals with agricultural backgrounds, particularly those who may have experienced political or racial targeting due to South Africa’s evolving land policies. 

Employers who are interested should: 

• Monitor developments regarding South African refugee admissions from the Departments of State and Homeland Security. 
• Be aware that applications are adjudicated on a case-by-case basis and require evidence of persecution or threat. 
• Consult with immigration counsel if they choose to explore the eligibility of any of their South African employees for refugee status.

Workers who believe they possibly qualify for protection should speak with a U.S. licensed immigration attorney. Refugee or asylum claims are complex and must be documented carefully, particularly when made from within the U.S. after entry on a temporary visa like H-2A. As we learn more about the recent executive order, South African refugees may have a potential new avenue for immigration relief, including those already connected to U.S. agricultural workforces. Employers and workers alike should stay informed as continued implementation develops in the months ahead.