USCIS Issues Policy Memo on H-2B Workers on Guam and in the CNMI

USCIS issued a policy memo with guidance on the filing and adjudication of H-2B nonimmigrant petitions that fall under section 1045 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 and supersedes the February 15, 2018 memorandum (PM-602-0156) that originally implemented section 1049 of the National Defense Authorization Act for FY 2018. This PM applies to certain H-2B petitions requesting start dates on or after August 13, 2018, and before December 31, 2023, for an otherwise qualified H-2B worker to perform certain service or labor on Guam or in the Commonwealth of the Northern Mariana Islands (CNMI) that is either (i) pursuant to any agreement entered into by a prime contractor or subcontractor calling for services or labor required for performance of a contract or subcontract for construction, repairs, renovations, or facility services that is directly connected to, or associated with, the military realignment occurring on Guam and the CNMI or (ii) as a health care worker at a facility that jointly serves members of the Armed Forces, dependents, and civilians on Guam or in the CNMI. Under the NDAA, an employer's need for these specific types of service or labor is not required to be temporary in nature if the employment start date is on or before December 30, 2023.

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Cite as AILA Doc. No. 18100435.

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