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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 DocumentCurrent Status
Fully in EffectMost Recent Action
May 13, 2021 Action: Modified 5.13.21 Exemption to Temporary Need Requirement for Certain H-2B WorkersMay 13, 2021Acted 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