H-1B fee brings uncertainty, but Guam administration optimistic for exemption

HAGÅTÑA (The Guam Daily Post) — Gov. Lou Leon Guerrero’s communications director, Krystal Paco-San Agustin, acknowledged the current uncertainty surrounding President Donald Trump’s new H-1B policy, but added, “This is a new federal policy, and more detailed guidance will emerge in the days and weeks ahead. What we know now may change as federal guidance documents are drafted, reviewed, and clarified.”

Paco-San Agustin said Trump’s new policy targets H-1B visas, not the H-2B labor visa program, which Guam relies heavily upon. The H-2B program supplies the majority of construction- and buildup-related projects.

“This program is not affected by the new executive order. The order concerns H-1B labor visas, which are typically used for professional occupations requiring college degrees. While H-1B workers are fewer in number on Guam, we know this announcement has caused worry among families, workers, and businesses alike,” she said.

The administration’s early review of the order indicates the impact may be minimal.

“Our early review indicates that the order does not apply to current H1-B labor visa holders on Guam, nor to those presently seeking renewal. Workers already here should not see their status disrupted,” Paco-San Agustin said.

With Guam’s role in national defense, Paco-San Agustin was optimistic that a national interest exemption is possible.

“We believe Guam’s role in the nation’s defense — together with buildup-connected needs in health care, construction, and related industries — falls squarely within that definition. Congress also has a history of recognizing Guam’s unique circumstances and carving out exceptions for our island when national security is at stake, and we will pursue that option in addition to all administrative remedies,” Paco-San Agustin said.

With workers and businesses faced with uncertainty, Paco-San Agustin affirmed the Leon Guerrero-Tenorio Administration’s commitment to safeguarding Guam.

“That is why we will work closely with our delegate to Congress and with every federal partner we have — in the agencies, on Capitol Hill, and in the White House — to limit any harm from this policy and to secure the protections Guam needs,” she said.

“Our commitment is to ensure that Guam’s families and economy remain strong. We will keep the public updated as federal guidance develops, and we will not stop working until Guam’s interests are safeguarded,” Paco-San Agustin said.

Guam Delegate James Moylan said his office “immediately put out an inquiry with our federal contacts and are awaiting a formal response on how this change may affect Guam, including health care professionals and other critical workers currently on island.”

Guam has suffered perennial shortages of skilled workers. To fill critical gaps in the local skilled workforce, contractors have had to source manpower abroad to fulfill federal contracts and essential projects.

“While we await clarification, please know that Congressman Moylan is actively engaging with the relevant agencies to ensure Guam’s concerns are heard and considered,” Moylan’s office said.

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