USCIS Issues Policy Guidance Regarding Exemptions from the Temporary Need Requirement for H-2B Workers on Guam and the CNMI Under the FY 2021 National Defense Authorization Act

 USCIS 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 on Guam and in the Commonwealth of the Northern Mariana Islands (CNMI) 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.

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