Guam Temporary Workforce Act

This bill would let Guam’s Governor decide when local businesses have a temporary need for H‑2B workers (temporary, non‑farm foreign workers). Employers on Guam would first get a temporary labor certification from the Governor, then file their petition with the Department of Homeland Security. If that petition includes a Governor‑approved certification issued within the last 365 days, it must be approved. With that certification, the federal government will treat three things as already proven: there aren’t enough available U.S. workers for the job, hiring won’t harm local pay or working conditions, and the employer’s need is short‑term (like seasonal or peak workload). A court can throw out a certification only for fraud, willful misrepresentation, or gross misconduct. Key terms follow federal rules as of July 24, 2018, and the Governor sets procedures for what counts as a “qualified need” on Guam.

Key points

• Who is affected: Guam employers seeking H‑2B workers, potential H‑2B workers, and local workers and communities on Guam.
• What changes: Certification shifts to the Governor of Guam; petitions with a recent Governor‑approved certification must be approved; certifications can be invalidated only by a court for fraud or similar misconduct; definitions align with 2018 federal rules.
• Timing: A Governor‑approved certification is good for petitions filed within 365 days of its issuance.