New build-up H-2B rules issued

Oct 8, 2018

Contractors on projects related to the military build-up on Guam or in the Commonwealth may now employ workers with H-2B visas that are good for up to 3 years, even if the workers’ jobs are not temporary, as is usually required for H-2B visas. The U.S. Citizenship and Immigration Services issued guidance on the new exemption that was included in Section 1045 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Public Law 115-232.

The exemption from the usual requirement of temporariness also applies to nurses and other health professional working in facilities that jointly serve the military and civilians. The policy itself is temporary, applying only to H-2B petitions with start dates before December 31, 2023.