Immigration Law

And You Thought H-2Bs Could Not Get More Complicated - USCIS Policy Memo re Guam

USCIS, Feb. 15, 2018 - "This policy memorandum (PM) provides guidance regarding the filing and adjudication of H-2B nonimmigrant petitions that fall under section 1049 of the National Defense Authorization Act for Fiscal Year 2018 (NDAA). This PM pertains to certain H-2B petitions requesting start dates on or after April 11, 2018, and before October 1, 2023, for an otherwise qualified H-2B worker to perform service or labor on Guam 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 directly associated with, the military realignment occurring on Guam. 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 September 30, 2023."