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The measure extended extended the exemption to the requirement that the nonagricultural service or labor be temporary in nature, according to USCIS. | Pixabay/Nickbar

USCIS H-2B worker guidance updated for island territories

The U.S. Citizenship and Immigration Services (USCIS) has clarified policy guidance regarding exceptions from the temporary need requirement for H-2B workers on Guam and the Commonwealth of the Northern Mariana Islands (CNMI).

USCIS said the guidance, which can be found in volume two of the policy manual, is active right now.

“The guidance contained in the policy manual is controlling and supersedes any related prior guidance on the topic,” the organization said in a Feb. 8 press release.

According to USCIS, the new measure provides directions for petitioners to show that they can meet exemption guidelines centered on contracts or subcontracts that are “supporting” or “adversely affected by” the military repositioning in both U.S. territories.

The guidance went into effect last week with USCIS stating that their ample proof that the military realignment in Guam has had an unfavorable effect on the accessibility of needed construction workers in the nation.

“In May 2021, USCIS issued policy manual guidance regarding the National Defense Authorization Act for Fiscal Year 2021, which extended the exemption to the requirement that the nonagricultural service or labor be temporary in nature to include petitioners whose contracts or subcontracts are ‘supporting’ or ‘adversely affected by’ the military realignment, in addition to those that are ‘associated with’ or ‘directly connected to’ it," USCIS said. 

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