This Act establishes a process requiring employers in Guam to obtain labor certification from the Governor of Guam before petitioning the federal government for temporary, non-agricultural H-2B foreign workers.
James (Jim) Moylan
Representative
GU
The Guam Temporary Workforce Act establishes a new requirement for Guam employers seeking to hire temporary, non-agricultural foreign workers under the H-2B visa program. Employers must first obtain a temporary labor certification approved by the Governor of Guam before filing a petition with the federal government. Upon receiving this certification, the federal government must approve the H-2B petition if the required labor market and job condition standards are met. This Act streamlines the federal approval process contingent upon local certification.
Guam Shifts H-2B Worker Approval to Local Governor, Federal Oversight Curtailed
The newly proposed Guam Temporary Workforce Act is set to change how temporary foreign workers (specifically H-2B visa holders, who are non-agricultural workers) are approved for jobs in Guam. Right now, employers seeking these workers file directly with the federal government. This bill adds a crucial new step: before an employer can even submit their federal petition, they must first get a temporary labor certification approved by the Governor of Guam (SEC. 2).
The New Gatekeeper: Guam's Governor
This legislation essentially puts the Governor of Guam in charge of the initial screening for H-2B workers. The Governor must certify that three things are true: 1) there aren't enough U.S. workers available for the job, 2) hiring the foreign worker won't hurt the wages or working conditions of U.S. workers already doing similar jobs, and 3) the need for the temporary workers is legitimate (like a one-time project or a seasonal spike) (SEC. 2). What’s more, the Governor is responsible for defining what counts as a “qualified need” in the territory, a key phrase that will determine who gets certified (SEC. 3).
Mandatory Federal Approval: What This Means for Oversight
Here’s the part that really cuts through the red tape—and perhaps federal oversight. If an employer presents a valid, recently approved certification from the Governor of Guam, the federal Secretary (meaning the Department of Homeland Security) must approve the petition, provided the certification confirms those three labor market checks. This is a significant shift. Typically, the federal government maintains the final say and can exercise discretion. Under this Act, that discretion is severely limited. If the Governor signs off, DHS is essentially required to follow suit (SEC. 2).
For a construction company in Guam struggling to find specialized temporary labor, this could be a major win, potentially streamlining the hiring process and getting projects moving faster. However, it raises questions about accountability. If the local certification process is too lenient or doesn't rigorously check the availability of U.S. workers, it could result in U.S. workers losing out on temporary jobs. The federal government, which usually acts as the final check on labor impact, would have its hands tied by the local certification.
The Devil in the Definition
Leaving the definition of “qualified need” entirely up to the Governor (SEC. 3) introduces an area of ambiguity. If the definition is too broad, it could open the door to employers claiming “need” for roles that aren't truly temporary or specialized, potentially transforming the H-2B program into a general labor supply channel for Guam. This is the kind of detail that will determine whether the bill is a targeted fix for specific labor shortages or a broader shift in labor policy. Since the federal government is then required to approve petitions based on this local definition, the pressure is on the Governor to establish a robust, transparent process that protects both local workers and the integrity of the temporary visa program.