In the newly published U.S. Department of Labor’s Notice of Proposed Rulemaking, which seeks to revise H-2B rules, the rule mandating employers to apply for a temporary labor certification from the U.S. Secretary of Labor will not apply to Guam.
“A certification from the secretary currently is not required for H-2B employment on Guam, for which certification from the governor of Guam is required,” the 79-page documents read.
Guam projects to need more than 10,000 foreign workers to build infrastructure and other facilities for the buildup.
The Record of Decision, which signals the start of the construction phase for buildup projects, was signed in Sept. 2010 and projects worth at least $1 billion had been identified.
But while the Guam governor has the sole authority to decide on H-2B labor certifications, the wages of incoming foreign workers still rest on the U.S. Department of Labor through the adopted prevailing wage rates.
“As in the 2008 Final Rule, under the proposed rule, the granting of H-2B labor certifications and the enforcement of H-2B visa program in Guam will continue to reside with the governor of Guam, pursuant to DHS regulations. However, this regulation proposes that the determination of all prevailing wages should be housed in the department, including those from Guam,” the documents stated.
U.S. Citizenship and Immigration Services will remain in consultation with the governor of Guam as to the admission of H-2B construction workers to the island.
Further, U.S. Labor will remain in charge of implementing the prevailing wage rates for H-2B workers.
“Employment opportunities in Guam would, under the proposed rule, be subject to the same process and methodology for calculating prevailing wages as any other jurisdiction within the department’s purview,” the proposed rules stated.
