WASHINGTON, D.C.—U.S. Citizenship and Immigration Services is updating its policy guidance for certain H-2B employers in Guam and the Commonwealth of the Northern Mariana Islands to explain that certain projects that are supporting or adversely affected by the military realignment, in addition to those that are associated with or directly connected to the military realignment, are exempt from the temporary need requirement.
The new guidance interprets the expanded parameters under the National Defense Authorization Act for Fiscal Year 2021. Under the FY 2021 NDAA, an H-2B employer who qualifies under the expanded parameters is not required to demonstrate that the service or labor is temporary in nature if the employment start date is before Dec. 31, 2023. Priority will also be given to federally-funded military projects.
The FY 2021 NDAA, which took effect Jan. 1, amends previous language exempting certain H-2B employers in Guam and the CNMI from the requirement that the non-agricultural service or labor be temporary in nature. Petitioners must still comply with other H-2B requirements, including submission of an approved temporary labor certification issued by Guam’s Department of Labor or the U.S. Department of Labor, as appropriate. Employers in Guam and the CNMI remain exempt from the statutory H-2B cap until Dec. 31, 2029. Additional general information about the H-2B program can be found on the H-2B Temporary Non-Agricultural Workers page.
Additional information is available in the USCIS Policy Manual. (USCIS)