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Original Date Announced
October 1, 2018USCIS issues guidance implementing an NDAA provision exempting certain types of workers in Guam and the Commonwealth of the Northern Mariana Islands from the standard H-2B requirement that an employer's need for services is temporary in nature. The guidance explains how petitioners can demonstrate compliance with the exemption. [ID #524]
USCIS Policy Memorandum (PM-602-0164): Implementing the NDAA for FY 2019 and the Exemption to the Temporary Need Requireent for H-2B Workers on Guam and in the Commonwealth of the Northern Mariana IslandsEffective Date
October 1, 2018Biden Administration Action: Modified
May 13, 20215.13.21 Exemption to Temporary Need Requirement for Certain H-2B Workers
This Biden administration policy modifies the Trump-era policy identified in this entry.
On May 13, 2021, USCIS issued this policy memo with immediately effective guidance on the filing and adjudication of H-2B nonimmigrant visa petitions covered under Section 9502 of the National Defense Authorization Act.
View DocumentBiden Administration Action: Approved/Retained
April 11, 2024Extension of the Temporary Need Exemption for Certain H-2B Workers on Guam and in the Commonwealth of the Northern Mariana Islands
This Biden Administration action retains the Trump Administration action identified in this entry.
On April 11, 2024, USCIS announced that it is issuing policy guidance in the USCIS Policy Manual to reflect the extension of the current exemption from the temporary need requirement for petitions for temporary nonagricultural (H-2B) nonimmigrant workers on Guam and in the Commonwealth of the Northern Mariana Islands (CNMI), as provided in the National Defense Authorization Act for Fiscal Year 2024 (FY 2024 NDAA).
View DocumentCurrent Status
Fully in EffectMost Recent Action
April 11, 2024 Action: Approved/Retained Extension of the Temporary Need Exemption for Certain H-2B Workers on Guam and in the Commonwealth of the Northern Mariana IslandsMay 13, 2021Acted on by Biden Administration
April 11, 2024Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Non-Immigrant Visas: Employment-BasedAgencies Affected: USCISPre Trump-Era Policies
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February 15, 2018
Prior policy is the February 15, 2018 memorandum (PM- 602-0156) that originally implemented section 1049 of the National Defense Authorization Act for FY 2018.
PM- 602-0156