H.R. 3646: Guam Temporary Workforce Act

This bill, known as the Guam Temporary Workforce Act, is designed to modify the process for hiring nonimmigrant workers in Guam under the H-2B visa category. Here’s a summary of its key provisions:

Purpose

The main aim of the bill is to allow the Governor of Guam to assess and determine the temporary need for nonimmigrant workers in various sectors on the island.

Requirements for Employers

• Employer Petition: Employers who wish to hire nonimmigrant workers must first submit a petition to the Secretary of the Department of Homeland Security (DHS) to get approval for the worker's eligibility as an H-2B temporary employee.
• Temporary Labor Certification: Before filing this petition, employers must apply for a temporary labor certification through the Governor of Guam. This certification is essential for demonstrating the need for temporary employees.

Conditions for Approval

The Secretary of DHS will only approve an employer's petition if the following conditions are met:

• It is determined that there are no available United States workers who can perform the required temporary labor.
• The employment of the nonimmigrant workers will not negatively impact the wages and working conditions of U.S. workers in similar roles.
• There is a legitimate temporary need identified by the employer, such as a one-time occurrence, seasonal need, peakload capacity, or intermittent demand.

Validity of Certification

An employer's labor certification issued by the Governor of Guam remains valid for 365 days, after which a new certification must be obtained for any subsequent hiring needs. The certification can only be invalidated by a court ruling if it involves fraud, misrepresentation, or gross misconduct.

Definitions and Clarifications

The bill includes definitions for various terms related to the H-2B visa process, which are consistent with existing regulations by the Department of Homeland Security as of July 24, 2018. This ensures clarity on terms such as:

• Secretary: Refers to the Secretary of the Department of Homeland Security or their delegated officials.
• Qualified Need: The procedures for establishing what constitutes a qualified need will be determined by the Governor of Guam.

Overall Impact

The bill seeks to streamline the process for obtaining temporary nonimmigrant workers in Guam by allowing local authority (the Governor) to certify labor needs, potentially making it easier for employers to hire foreign workers to fill temporary positions.

Relevant Companies

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