Guam Temporary Workforce Act

The "Guam Temporary Workforce Act" grants the Governor of Guam significant authority in determining the need for H-2B nonimmigrant workers within the territory. Under this bill, employers on Guam must first obtain a temporary labor certification from the Governor before filing a petition with the Secretary of Homeland Security for H-2B classification. When presented with an approved certification, the Secretary is mandated to conclude that no U.S. workers are available and that the employment will not adversely affect U.S. workers' wages or conditions. This approved certification, valid for up to 365 days, effectively ensures the Secretary's approval of the H-2B petition, which can only be invalidated by a court for proven fraud or misconduct. The Governor of Guam will also establish procedures for defining what constitutes a "qualified need" for these temporary employees.