USCIS Provides Details on H-1B and H-2B Cap Exemptions for Work Performed in the CNMI and Guam
The USCIS has provided details on the H-1B and H-2B cap exemptions for workers qualifying in the H-1B and H-2B classifications and admitted to perform labor and services in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam. Starting from November 28, 2009 until December 31, 2014, these workers are to be exempted from the cap.
The H nonimmigrant workers in Section 214(g) of the Immigration and Nationality Act (INA) get a special exemption to the statutory numerical limitations (or “caps”) according to the Consolidated Natural Resources Act of 2008 (CNRA), Public Law 110-229.
The nonimmigrants admitted as H-1B and H-2B workers for labor or services in the CNMI and/or Guam may qualify for this CNMI and Guam H cap exemptions. Further, the petition of the prospective employer must include a Labor Condition Application (LCA) listing employment or services in the CNMI and/or Guam only, for the nonimmigrant to qualify for the exemption in H-1B classification. On the other hand to qualify for the exemption in H-2B classification, a temporary labor certification (TLC) listing labor or services in the CNMI and/or Guam only must be included in the petition.
H nonimmigrant workers performing employment outside Guam or the CNMI are not eligible for the H cap exemptions. The H nonimmigrant workers under the cap exemption can freely travel to any U.S. state or territory. If an employer would like a worker granted H classification under this cap exemption to work at another U.S. location outside of the CNMI and Guam, then the employer needs to file another petition with USCIS.
The spouse and children of the H nonimmigrant workers under the H cap exemptions are eligible to apply for the H-4 “dependant of an H worker” classification. The H-4 classification may be obtained by the family members by directly applying for a visa at the U.S. Embassy or Consulate.