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

  1. Date Announced

    Oct. 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]

    See Biden administration action below.

    View Policy Document
  2. Effective Date of Change

    Oct. 1, 2018
  3. Biden Administration Action

    May 13, 2021

    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.

    5.13.21 Exemption to Temporary Need Requirement for Certain H-2B Workers
Status: Final/Actual
Type of Action: Agency Directive
Agencies Affected: USCIS

Prior Policies

  • 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

Biden Administration Action

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