“To allow the Governor of Guam to determine temporary need of nonimmigrant workers on Guam, and for other purposes.”
No CRS summary available for this bill.
This section establishes procedures for H-2B nonimmigrant workers (i.e., for temporary nonagricultural labor) seeking admission to Guam, requiring (1) employers to file a petition with the Secretary of Homeland Security for eligibility endorsement before the alien may apply for a visa or admission; (2) employers to obtain a temporary labor certification from the Governor of Guam (per 8 CFR 214.2, unless contradicted) prior to filing the petition; (3) the Secretary to approve such petitions containing a Governor-issued certification within the last 365 days, presuming no available U.S. workers, no adverse effect on similarly employed U.S. workers' wages and conditions, and a temporary need (e.g., one-time, seasonal, peakload, or intermittent); and (4) invalidation of such certifications only by court order upon finding fraud, willful misrepresentation, or gross misconduct.
This section provides definitions for terms used in the Act. It (1) incorporates definitions from Department of Homeland Security regulations (8 CFR 1.2 and 214.2), as in effect on July 24, 2018, for terms including H-2B, intermittent need, one-time occurrence, peakload need, petition, seasonal need, temporary employees, and temporary labor certification, unless contradicted by the Act; and (2) defines "Secretary" as the Secretary of Homeland Security or designee and directs the Governor of Guam to establish procedures for determining "qualified need."