Guam Temporary Workforce Act
Sponsored By: Representative Moylan, James C. [R-GU-At Large]
Introduced
Summary
Creates a Guam-specific system that ties federal H-2B admission to a Governor-issued temporary labor certification. It would require employers on Guam to get a local temporary labor certification before filing for H-2B temporary employees and leans on certain Department of Homeland Security rules as of July 24, 2018.
Show full summary
- Employers on Guam would need a Governor-issued temporary labor certification before filing a federal H-2B petition. Approved petitions must include a certification issued within the last 365 days and meet DHS findings on worker availability and wages.
- The Governor of Guam must set procedures to define a "qualified need" and issue the temporary labor certifications. A certification can only be invalidated by a court finding fraud, willful misrepresentation, or gross misconduct.
- The Secretary of Homeland Security would still make the nonavailability and nonadverse-impact findings and apply definitions like seasonal, peakload, intermittent, and one-time occurrence using DHS rules from July 24, 2018.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
New H-2B hiring rules for Guam employers
If enacted, Guam employers hiring H-2B workers would first need a temporary labor certificate from the Governor. They would then file with Homeland Security before the worker could apply for a visa. The Secretary would accept a Governor-issued certificate dated within the last 365 days and would approve the H-2B petition. A court could cancel a certificate only for fraud, willful misrepresentation, or gross misconduct. The bill would use DHS definitions from July 24, 2018 for terms like H-2B and seasonal, and the Governor would set rules for what counts as a qualified need. The process would follow existing federal H-2B rules unless this bill says otherwise.
Sponsors & CoSponsors
Sponsor
Moylan, James C. [R-GU-At Large]
GU • R
Cosponsors
Salazar
FL • R
Sponsored 9/30/2025
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov