Guam Temporary Workforce Act
The Guam Temporary Workforce Act would give the Governor of Guam new authority to approve temporary, nonimmigrant labor needs (specifically H-2B workers) for Guam before an employer can file a federal petition. Under the bill, Guam employers must obtain a temporary labor certification from the Governor (per the existing DHS rule at 8 CFR 214.2 unless overridden by this act) before submitting an H-2B petition to the federal Secretary of Homeland Security. The federal determination to grant an H-2B visa would then depend on the Governor’s certification being current (issued within the last 365 days) and on standard conditions that there are no suitable U.S. workers available, that employment would not adversely affect U.S. workers’ wages/conditions, and that the employer has a genuine temporary need (one-time, seasonal, peakload, intermittent, or other qualified need). The Governor’s temporary labor certification can only be invalidated by a court for fraud, willful misrepresentation, or gross misconduct. Definitions largely reference DHS regulatory language in effect as of mid-2018. In short, the act inserts Guam-specific, Governor-controlled pre-approval into the H-2B process for temporary workers, tying federal approval to a recent, locally issued certification that must meet defined “qualified need” criteria.
Key Points
- 1Guam-specific pre-approval: Before an employer can file an H-2B petition with the federal government, the employer must obtain a temporary labor certification from the Governor of Guam.
- 2Federal approval conditioned on Guam certification: The Department of Homeland Security (the Secretary) will approve an H-2B petition for Guam only if the Governor’s temporary labor certification is within the last 365 days and other standard conditions are met (no U.S. workers available, no adverse impact on wages/working conditions, and a qualified need).
- 3Definition of “qualified need” and Governor’s procedures: The Governor must establish procedures to determine what constitutes a “qualified need” for temporary labor under this act.
- 4Certification protection from invalidation: An approved Governor-issued temporary labor certification can only be invalidated through a court finding of fraud, willful misrepresentation, or gross misconduct.
- 5Regulatory references: The act uses existing DHS regulations (8 CFR 1.2 and 214.2) for defined terms like H-2B, temporary labor certification, etc., as they were in effect on July 24, 2018, and notes the Governor’s role within that framework.