I 
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 Representa-
tives 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 sec-
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tion 101(a)(15)(H)(ii)(b) of the Immigration and Nation-
ality 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 be-
fore the alien may apply for a visa or seek admission 
to the United States. 
(2) In the Territory of Guam, an employer peti-
tioning 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 other-
wise contradicted by this Act) prior to filing a peti-
tion. 
(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 per-
forming the temporary services or labor as de-
scribed in the temporary labor certification are 
not available. 
(B) The alien’s employment will not ad-
versely affect the wages and working conditions 
of similarly employed United States workers. 
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(C) The employer has a one-time occur-
rence, seasonal need, peakload need, intermit-
tent need, or other qualified need for temporary 
employees. 
A completed employer petition for H–2B temporary 
employees on Guam shall be approved by the Sec-
retary 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 invali-
dated 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 certifi-
cation, are as described or defined in the Regulations pro-
mulgated 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: 
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(1) SECRETARY.—Secretary means the Sec-
retary of the Department of Homeland Security or 
any official to which the Secretary of the Depart-
ment of Homeland Security has delegated his or her 
authority. 
(2) QUALIFIED NEED.—The Governor of Guam 
shall establish procedures for determining what con-
stitutes a ‘‘qualified need’’ under this Act. 
Æ 
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