Reading Room Document

Meaning of "Temporary" Work Under 8 U.S.C. § 1101(a)(15)(H)(ii)(b)

A regulation proposed by United States Citizenship and Immigration Services providing that "temporary" work under the H-2B visa program "[g]enerally . . . will be limited to one year or less, but . . . could last up to 3 years" is based on a permissible reading of 8 U.S.C. § 1101(a)(15)(H)(ii)(b) and is consistent with the 1987 opinion of this Office addressing the meaning of "temporary" work under 8 U.S.C. § 1101(a)(15)(H)(ii)(a). The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/482201/download.

December 18, 2008