H-2B policy update

The U.S. Citizenship and Immigration Services issued new guidance to implement the H-2B exemptions for certain projects in the Northern Marianas and Guam. Section 9502 of the National Defense Authorization Act (NDAA) for Fiscal Year 2021 (Public Law 116-283) allows employers to petition for H-2B Temporary Non-Agricultural Workers without having to demonstrate that the service or labor is temporary if the project supports or is adversely affected by the military buildup.

 All other H-2B requirements must be met. The policy applies to H-2B petitions requesting employment start dates on or before December 31, 2023. Employers seeking to file under the updated policy are encouraged to visit the H-2B page and policy guidance on the USCIS website