Chapter 1 - Purpose and Background

us-uscis-policy-manual-volume-2-part-i-chapter-1Chapter 1 - Purpose and BackgroundGuidance

A. Purpose

The temporary agricultural worker (H-2A) nonimmigrant visa classification applies to an alien seeking to perform agricultural labor or services of a temporary or seasonal nature in the United States.[1]

The temporary nonagricultural worker (H-2B) nonimmigrant visa classification applies to an alien seeking to perform temporary nonagricultural labor or services in the United States if U.S. workers are not available.[2]

B. Background [Reserved]

[Reserved]

C. Legal Authorities

Footnotes


[^ 1] USCIS defers to the U.S. Department of Labor’s determination on the temporary labor certification for H-2A employment as to whether the position qualifies as agricultural.

[^ 2] The H-2B nonimmigrant visa classification does not apply to graduates of medical schools coming to the United States to perform services as members of the medical profession.

Resources

Legal Authorities

8 CFR 214.1(c)(5) - Decision on application for extension or change of status

8 CFR 214.2(h) - Temporary employees

8 CFR 214.2(q)(5)(ii) - Petition for multiple participants

INA 101(a)(15)(H) - Alien coming temporarily to the United States to perform services

INA 214(c) - Admission of nonimmigrants

Appendices

No appendices available at this time.

Updates

Technical Update - Replacing the Term "Noncitizen"

This technical update replaces all instances of the term “noncitizen” with “alien” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”], and makes other technical and conforming changes.

POLICY ALERT - Exemption to the Temporary Need Requirement for Certain H-2B Workers on Guam and in the Commonwealth of the Northern Mariana Islands under the National Defense Authorization Act for Fiscal Year 2021

U.S. Citizenship and Immigration Services (USCIS) is providing guidance in the USCIS Policy Manual regarding the filing and adjudication of temporary nonagricultural worker (H-2B) nonimmigrant visa petitions that fall under Section 9502 of the National Defense Authorization Act for Fiscal Year 2021 (FY 2021 NDAA).

Read More
Technical Update - Replacing the Term “Alien”

This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

POLICY ALERT - Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule

U.S. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on August 3, 2020. This guidance becomes effective October 2, 2020. For information regarding implementation, see Appendix: 2020 Fee Rule Litigation Summary.

Read More
Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk between the AFM and the Policy Manual.

Technical Update - Replacing the Term “Foreign National”

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

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