Bill Summary
The "Guam Temporary Workforce Act" is a bill that allows the Governor of Guam to determine when there is a temporary need for nonimmigrant workers on the island. This includes workers who are not permanent residents or citizens of the United States. Under this act, employers must file a petition with the Secretary for approval before the worker can apply for a visa or enter the United States. In Guam, employers must first apply for a temporary labor certification from the Governor of Guam before filing a petition. The Secretary will approve the petition if there is a legitimate need for temporary workers and if it will not negatively impact the wages and working conditions of US workers. The bill also specifies definitions for terms such as "qualified need" and "Secretary" and establishes procedures for determining when a temporary need for workers exists. This act is intended to help address workforce shortages in Guam while also protecting the rights of US workers.
Possible Impacts
1. Impact on temporary workers: This legislation could directly affect nonimmigrant workers seeking employment on Guam by requiring their employers to file a petition and obtain a temporary labor certification from the Governor of Guam before they can apply for a visa or be admitted to the United States. This process could potentially delay or complicate their ability to find work on Guam.
2. Impact on US workers: The requirement for employers to demonstrate that there are no US workers available to perform the temporary services or labor could potentially limit job opportunities for US workers on Guam, as they may be overlooked in favor of temporary workers from outside the country.
3. Impact on the economy of Guam: By limiting the number of nonimmigrant workers that can be brought in to meet the temporary needs of employers, this legislation could affect the economy of Guam by potentially slowing down or hindering business operations that rely on temporary workers. This could also impact the availability of goods and services for the people of Guam.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3646 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 3646
To allow the Governor of Guam to determine temporary need of
nonimmigrant workers on Guam, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 29, 2025
Mr. Moylan introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To allow the Governor of Guam to determine temporary need of
nonimmigrant workers on Guam, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guam Temporary Workforce Act''.
SEC. 2. NONIMMIGRANT WORKERS IN THE TERRITORY OF GUAM.
(a) In General.--The following shall apply in the case of an alien
who seeks admission to Guam under section 101(a)(15)(H)(ii)(b) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)):
(1) An employer must file a petition with the Secretary for
endorsement of the alien's eligibility for classification as a
H-2B temporary employee before the alien may apply for a visa
or seek admission to the United States.
(2) In the Territory of Guam, an employer petitioning for
H-2B temporary employees shall apply for a temporary labor
certification with the Governor of Guam (as described in 8 CFR
214.2 unless otherwise contradicted by this Act) prior to
filing a petition.
(3) The Secretary will conclude the following when
presented with an employer petition containing an approved
temporary labor certification issued by the Governor of Guam:
(A) United States workers capable of performing the
temporary services or labor as described in the
temporary labor certification are not available.
(B) The alien's employment will not adversely
affect the wages and working conditions of similarly
employed United States workers.
(C) The employer has a one-time occurrence,
seasonal need, peakload need, intermittent need, or
other qualified need for temporary employees.
A completed employer petition for H-2B temporary employees on
Guam shall be approved by the Secretary so long as the petition
includes an approved temporary labor certification issued by
the Governor of Guam within the last 365 days.
(4) An approved temporary labor certification issued by the
Governor of Guam may only be invalidated if it is determined by
a court of law that the temporary labor certification request
involved fraud, willful misrepresentation, or gross misconduct.
SEC. 3. DEFINITIONS.
(a) In General.--Unless otherwise contradicted in this Act, all
terms, including H-2B, intermittent need, one-time occurrence, peakload
need, petition, seasonal need, temporary employees, and temporary labor
certification, are as described or defined in the Regulations
promulgated by the Department of Homeland Security (8 CFR 1.2 and
214.2) as in effect on July 24, 2018.
(b) Other Definitions.--The following terms are defined as below:
(1) Secretary.--Secretary means the Secretary of the
Department of Homeland Security or any official to which the
Secretary of the Department of Homeland Security has delegated
his or her authority.
(2) Qualified need.--The Governor of Guam shall establish
procedures for determining what constitutes a ``qualified
need'' under this Act.
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