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USCIS issues guidance for certain H-2B foreign workers in Guam and Northern Mariana Islands

  1. Original Date Announced

    October 1, 2018

    USCIS 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 Islands
  2. Effective Date

    October 1, 2018
  4. Biden Administration Action: Modified

    May 13, 2021

    5.13.21 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 Document

Current Status

Fully in Effect
May 13, 2021
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Agencies Affected: USCIS

Pre Trump-Era Policies

  • 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


Trump-Era Policy Documents
Biden Administration Policy Documents

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