USCIS issues policy guidance on exemptions for H-2B workers in Guam, CNMI under 2021 NDA

Posted on Feb 10 2022

U.S. Citizenship and Immigration Services is issuing updated policy guidance in the USCIS Policy Manual to clarify how petitioners may demonstrate that they qualify for an exemption from the temporary need requirement for a nonimmigrant visa petition for a temporary nonagricultural H-2B worker in Guam and the Commonwealth of the Northern Mariana Islands that falls under the fiscal year 2021 National Defense Authorization Act.

Specifically, the guidance clarifies how petitioners may demonstrate, depending on the facts presented in each case, that they qualify for the exemption based on contracts or subcontracts that are “supporting” or “adversely affected by” the military realignment on Guam and in the CNMI. (PR)

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