U.S. Department of Homeland Security 

U.S. Citizenship 

and Immigration 

Services 

www.uscis.gov 

U.S. Citizenship and Immigration Services 

Office of the Director 

Camp Springs, MD 20588-0009 

April 11, 2024 PA-2024-11 

Policy Alert 

SUBJECT: Extension of the Temporary Need Exemption for Certain H-2B Workers on Guam and 

in the Commonwealth of the Northern Mariana Islands 

Purpose 

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy 

Manual to reflect the extension of the current exemption from the temporary need requirement for 

petitions for temporary nonagricultural (H-2B) nonimmigrant workers on Guam and in the 

Commonwealth of the Northern Mariana Islands (CNMI), as provided in the National Defense 

Authorization Act for Fiscal Year 2024 (FY 2024 NDAA).1 

Background 

The H-2B nonimmigrant visa classification applies to a noncitizen seeking to perform temporary 

nonagricultural labor or services in the United States when U.S. workers are not available.2 Previous 

NDAAs created and expanded upon an exemption from the requirement that the nonagricultural labor 

or services be temporary in nature for petitioners of certain H-2B workers on Guam and in the 

CNMI.3 This exemption was set to expire on December 31, 2023.4 

The FY 2024 NDAA, which took effect on December 22, 2023, extended the current exemption from 

this temporary need requirement for an additional 5 years, through the end of the day on December 

30, 2029. USCIS is updating policy guidance to reflect this extension. 

This guidance, contained in Volume 2 of the Policy Manual, is controlling and supersedes any related 

prior guidance on the topic. 

Policy Highlights 

1 See Section 1807 of the FY 2024 NDAA, Pub. L. 118-31, 137 Stat. 136, 688 (December 22, 2023) (amending Section 

6(b)(1)(B) of Pub. L. 94-241 (March 24, 1976), as amended and codified at 48 U.S.C. 1806(b)). 2 See INA 101(a)(15)(H)(ii)(b). 3 See Section 1049 of the FY 2018 NDAA, Pub. L. 115-91, 131 Stat. 1283, 1558 (December 12, 2017) (amending 48 

U.S.C. 1806(b)). See Section 1045 of the FY 2019 NDAA, Pub. L. 115-232, 132 Stat. 1636, 1959 (August 13, 2018) 

(amending Section 6(b) of Pub. L. 94-241 (March 24, 1976), as amended and codified at 48 U.S.C. 1806(b)). See 

Section 5901 of the FY 2023 NDAA, Pub. L. 117-263, 136 Stat. 2395, 3440 (December 23, 2022) (amending Section 

6(b)(1)(B) of Pub. L. 94-241 (March 24, 1976), as amended and codified at 48 U.S.C. 1806(b)). 4 See Section 5901 of the FY 2023 NDAA, Pub. L. 117-263, 136 Stat. 2395, 3440 (December 23, 2022) (amending 

Section 6(b)(1)(B) of Pub. L. 94-241 (March 24, 1976), as amended and codified at 48 U.S.C. 1806(b)). 

To provide feedback on this update, email USCIS at policyfeedback@uscis.dhs.gov. 
 

 

 

 

 

PA-2024-11: Extension of the Temporary Need Exemption for Certain H-2B Workers on Guam 

and in the Commonwealth of the Northern Mariana Islands 

Page: 2 

• Explains that a petitioner meeting one of the NDAA criteria may qualify for an exemption to 

the requirement that the nonagricultural service or labor be temporary in nature if the 

employment start date is before December 31, 2029. 

• Affirms that petitions with employment start dates on or after December 31, 2029, are subject 

to adjudication under the law and regulations that apply to petitions for H-2B workers at that 

time. 

Summary of Changes 

Affected Section: Volume 2 > Part I > Chapter 11 > Section A, Temporary Workers on Guam and 

in the Commonwealth of the Northern Mariana Islands 

• In subsection 1 (General Eligibility Requirements), revises first paragraph under the italicized 

subheading “Exemption from H-2B Temporary Need Requirement Under the NDAA” and the 

second paragraph under the italicized subheading “Eligible Services or Labor under the 

NDAA”. 

• In subsection 6 (Decision), revises the first and second paragraphs under the italicized 

subheading “Period of Admission for H-2B Workers on Guam or in the CNMI Under the 

NDAA”. 

USCIS may also make other minor technical, stylistic, and conforming changes consistent with this 

update. 

Citation 

Volume 2: Nonimmigrants, Part I, Temporary Agricultural and Nonagricultural Workers (H-2), 

Chapter 11, Temporary Nonagricultural Worker (H-2B) Petitions Requiring Special Handling [2 

USCIS-PM I.11].