Employment & work visasPOLICY UPDATE
Extension of the Temporary Need Exemption for Certain H-2B Workers on Guam and in the Commonwealth of the Northern Mariana Islands
U.S. Citizenship and Immigration Services (USCIS) 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 (NDAA) for Fiscal Year (FY) 2023.
Key changes
- U.S. Citizenship and Immigration Services (USCIS) 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 (NDAA) for Fiscal Year (FY) 2023.
- Explains that a petitioner meeting one of the NDAA criteria may qualify for an exemption to the requirement that the nonagricultural service or labor be temporary in nature if the employment start date is before December 31, 2024.
- Affirms that petitions with employment start dates on or after December 31, 2024, are subject to adjudication under the law and regulations that apply to petitions for H-2B workers at that time.
