2018 NDAA H-2B Exemption

PROCESS TO REQUEST DoD LETTERS FOR PROJECTS DIRECTLY CONNECTED TO OR ASSOCIATED WITH THE MILITARY REALIGNMENT ON GUAM

Contractors who wish to file petitions with USCIS for H-2B workers using the exemption in the 2018 National Defense Authorization Act must meet certain requirements. Contracts on which H-2B workers will perform services must be directly connected or associated with the the military realignment on Guam. One of the key documents is a letter from the Department of Defense with their opinion as to whether a project is connected/associated, or not.

GDOL has coordinated an orderly process to accept, route, disseminate and track these letters from DoD Officials on Guam. The simplified process is:

1. Contractor sends request letter, following the format provided below, to GDOL, ALPCD.

 

2. ALPCD will review:
a. If information on request is sufficient, request will be routed to DoD through established channels, with ALPCD recommendation.

b. If information is insufficient or if the project is clearly not connected or associated, request may be returned. If contractor insists, ALPCD may route to DoD in spite of unfavorable recommendation.

 

3. Once received, DoD officials will issue a letter with their opinion and route the letter back to ALPCD for logging and transmittal to the contractor.

 

Please direct questions to ALPCD at 475-8005/8013. Links to the letter format and the process flow chart are below:

DoD Letter Request Format

Process Flowchart

Disclaimer: This process is developing as the program progresses and is subject to change without advance notice. Please consult with ALPCD staff for updates when necessary. Subsequent updates to this process will be posted as soon as possible on this website.