,i  #aaeth ,,congress  #b;d ,session    
,h4 ,r4 #fdhj  ,,in ,,the ,,house ,,of  
,,representatives  ,july #bd1 #bjah     
,ms4 ,bordallo introduced the following 
bill2 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 ,guam1 and for other        
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,guam ,temporary    
,workforce ,act4  #b4 ,nonimmigrant     
workers in the ,territory of ,guam  7a7 
,in general ,the following shall apply  
in the case of an alien who seeks       
admission to ,guam under section        
#aja7;a77#ae77;,h77ii77b7 of the        
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aaja7;a77#ae77;,h77ii77b773  
7#a7 ,an employer must file a petition  
with the ,secretary for endorsement of  
the alien's eligibility for             
classification as a ,h-#b;,b temporary  
employee before the alien may apply for 
a visa or seek admission to the ,united 

,states4  7#b7 ,in the ,territory of    
,guam1 an employer petitioning for      
,h-#b;,b temporary employees shall apply
 for a temporary labor certification    
with the ,governor of ,guam 7as         
described in #h ,c4,f4,r4 #bad4b unless 
otherwise contradicted by this ,act7    
prior to filing a petition4  7#c7 ,the  
,secretary will conclude the following  
when presented with an employer petition
 containing an approved temporary labor 
certification issued by the ,governor of
 ,guam3  7,a7 ,united ,states workers   
capable of performing the temporary     
services or labor as described in the   
temporary labor certification are not   
available4  7,b7 ,the alien's employment
 will not adversely affect the wages and
 working conditions of similarly        
employed ,united ,states workers4  7,c7 
,the employer has a one-time occurrence1
 seasonal need1 peakload need1          
intermittent need1 or other qualified   
need for temporary employees4  ,a       
completed employer petition for ,h-#b;,b

 temporary employees on ,guam shall be  
approved by the ,secretary so long as   
the petition includes an approved       
temporary labor certification issued by 
the ,governor of ,guam within the last  
#cfe days4  7#d7 ,an approved temporary 
labor certification issued by the       
,governor of ,guam may only be          
invalidated if it is determined by a    
court of law that the temporary labor   
certification request involved fraud1   
willful misrepresentation1 or gross     
misconduct4  #c4 ,definitions  7a7 ,in  
general ,unless otherwise contradicted  
in this ,act1 all terms1 including      
,h-#b;,b1 intermittent need1 one-time   
occurrence1 peakload need1 petition1    
seasonal need1 temporary employees1 and 
temporary labor certification1 are as   
described or defined in the ,regulations
 promulgated by the ,department of      
,homeland ,security 7#h ,c4,f4,r4 #a4b  
and #bad4b7 as in effect on ,july #bd1  
#bjah4  7b7 ,other definitions ,the     
following terms are defined as below3   

7#a7 ,secretary ,secretary means the    
,secretary of the ,department of        
,homeland ,security or any official to  
which the ,secretary of the ,department 
of ,homeland ,security has delegated his
 or her authority4  7#b7 ,qualified need
 ,the ,governor of ,guam shall establish
 procedures for determining what        
constitutes a qualified need under this 
,act4