Guam Temporary Workforce Act

[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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