1. Conditions of Employment
Executive Summary
Employer
Occupation and Job Duties
Rate of Pay
Address Where Alien Will Work
2. Temporary Labor Certification Checklist
GDOL 750 - APPLICATION FOR TEMPORARY LABOR CERTIFICATION
The Job Offer
Completed Job Order - Form GES 514
This form is used by the Guam Employment Service to test the local labor market
Employers are asked to complete items 3, 4, 5, 6, 7, 8, 17a, 20, 21, 22, 23, 24, 25 & 29.
On item #29- Job description, please ensure that the job description is verbatim with the job description on the GDOL 750 form
Should you need additional space, indicate "lease see attachment" and continue the job description on a attached sheet
You should also indicate the employment benefits after the job description such as:
Roundtrip airfare from point of hire
Room and Board at $320.00 per month
Local transportation provided
Workers Compensation coverage
DOCUMENT LINK
Proof of Recruitment Efforts made prior to filing the application
Proof of recruitment include newspaper advertisements, postings, radio ads, TV ads or postings on Internet job sites
Ads should direct applicants to apply directly with the employer
Recruitment efforts made more than 60 days prior to the filing of the application may not be recognized
The employer must document all responses to the ads
Include the name of applicant, the position applied for and the final outcome of the application
If the applicant was not hired, the employer must indicate the specific reason for rejecting the applicant
ALPCD may, at their discretion, investigate the circumstances regarding any rejected applicants
Proposed Three Day Advertisement
The 2nd advertisement should be published using verbiage that has been approved by ALPCD
Unlike Prior Recruitment Efforts, the 2nd Ad must meet certain requirements mandated by regulations
The ad must run for 3 consecutive days in the newspaper of largest circulation in Guam
The ad must indicate the type of job opportunity; the number of job openings; the job title; the job duties; the rate of pay; job requirements; benefits; the case number
The AD must direct applicants to at the Guam Employment Service
Proof of Publication of Three Day Advertisement
Proposed Employment Contract
The employer must submit a sample of the employment contract which they intend to use upon hiring the alien workers
The contract will be reviewed for compliance with federal and local laws and to ensure that the contract is in line with the job offer on the application
The employer will be required to submit the signed contracts as a part of the Registration Process after the workers arrive in Guam
Regulations require that the contracts should be in a language in which the worker is literate
It may be necessary for the employer to, provide contracts to ALPCD in the foreign language with an English translation
Barracks / Housing Location Sketch
The employer will submit a location sketch to where the barracks or worker's housing will be located
The map should be simple to read and contain sufficient landmarks and street names
Do not submit official land maps
If the map is not clear, the employer will be asked to re-submit
Justification of Need
Construction Industry
Project Summary Sheet
Project Location Sketch
Project Contracts - Prime & Sub
Building Permits
Written Submittal (only if contractor is also the developer)
Non-Construction
Audited Financial Statement
Written Submittal Justifying the Need for Temporary Alien Workers
Worksite / Office Location
Employer Profile, Assurances and Sureties
Contractor's License or Business License (for non-construction)
Articles of Incorporation or Partnership Agreement
Completed Clearance Sheet
Notarized Statement of Employer's Assurances
Wage Bond
Repatriation Bond
3. Prevailing Wage Rates
The revised construction prevailing wage rates for Guam went into effect July 28, 2008 and will remain in place for the next six months, through January 15, 2009
The higher rates apply only to new foreign hires or renewals and are meant to deter employers from hiring H-2 workers
Common Construction Occupations with Revised Rates
4. Worker Housing
Make sure employer has proper housing available 2 weeks before workers arrive
If > 5 workers, employer is required to provide housing in worker's dormitory
Worker's Dormitory also refers to worker housing, barracks or labor camps
Worker's Dormitories are subject to unannounced inspection
Should be kept in good order at all times
The department reserves the right to temporarily close any facility which may adversely affect the health or well-being of worker occupants
If <= 5 workers, employer is not required to provide housing
If employer provides housing then it is subject to inspection by ALPCD
Most commercial apartment units are suitable for housing 5 or less workers
Housing issue is normally addressed during the clearance process before filing for the Temporary Labor Certification
Assurances are normally made that worker housing will be secured and available for inspection at least 2 weeks prior to the arrival of the workers
Each of the responsible agencies may require an inspection or documentation regarding the housing
Employers must make sure they meet this obligation or risk having to house workers in a hotel after arrival
Follow all health and safety standards as well as those of other government agencies
OSHA - Safety and Health aspects, general condition and suitability of the facility
Guam EPA - What kind of sewer or septic system is being used
Department of Land Management - Is the unit in proper zoning
Department of Public Works - Responsible for the structure of the housing unit
Department of Public Health - Dormitory Permit & Sanitary Permit for gallery
Keep worker housing in good condition and ready for inspection at all times
Only deduct authorized amounts for board and lodging
Maximum deduction is $80.00 per week for board and lodging
If greater than $80.00, amount must be approved by DOL
Set rules to guide workers and post those rules conspicuously
5. Worker Registration
Register workers within 24 hours of arrival by turning in documents to DOL-ALPCD
Excludes weekend and holidays
Documents Required Per Worker
APPLICATION FOR REGISTRATION
Copy of Passport (showing Visa and I-94) - Bring original passport for inspection
Signed Employment Contract (In English and Foreign Translation)
DOCUMENT LINK
Cover Letter (if submitting multiple applications, list names being submitted on letter)
DOCUMENT LINK
I-797 Notice of Approval from Department of Homeland Security
Employers must submit applications in person at DOL-ALPCD office
Bring file copy for receive stamping as proof of filing
Failure to submit application on time may result in fines up to $500.00 of the first offense
Application will be reviewed and processed
Employer will be contacted and workers will be scheduled for ID picture taking
A $1,000.00 Registration Fee is due at the time of picture taking
Payment must be made in the form of a Cashier's Check or Money Order payable to "Treasurer of Guam"
Payment is made to DOL fiscal office on the 4th floor
ID Cards will not be taken unless proof of payment is first presented
Do not allow workers to report to work without DOL authorization
Workers are not permitted to report to the jobsite without first obtaining proper documentation proving that they have been registered
Temporary Foreign Worker Certificate of Identification
Issued in cases where ALPCD is unable to issue an ID card within 7 to 10 days
This document must be in the worker's possession at all times when on the job site
Valid for no more than 30 days
Must be renewed at the ALPCD office immediately upon expiration
There is no fee for the certificate
DOCUMENT LINK
During extensions, check with DOL for temporary ID cards
The employer should file for renewal of the ID card immediately after receiving the Notice of Action from DHS approving the extension
DOCUMENT LINK
The documentation required for extension is the same as for new importation
Contact ALPCD for temporary ID cards while extensions are pending
6. Job Site Compliance
Only use workers on projects authorized by ALPCD
Allow workers to work only in their registered occupation
Allow workers to work exclusively for the employer - no sideline work
Follow all safety and health standards defined by OSHA
Make sure the worker display their ID cards at all times on the job site
All workers on the job site must carry identification
Lawful Permanent Residents must have their original "green card" in their possession
Workers without an ID may run into problems
Workers should be properly briefed by their employers on how to react when approached by inspectors and law enforcement officers
Workers should be advised by the employer as to their responsibilities
Workers who speak little or no English should stop what they are doing and present their ID when approached by an Inspector or Law Enforcement
Workers should be told to never run from an inspector or officer
Law Enforcement officers will give chase and apprehend workers who attempt to run even though they are legal
Four basic things ALPCD inspectors look for when on the job site
1. The worker must possess and visibly display their valid H-2 ID card. Possession or display of a copy of the card is not acceptable
2. Workers must work only in the occupation listed on their ID card
3. Workers must only work on authorized projects
4. Workers must work only for the employer on the ID card
7. Repatriation
Make sure to submit Exit Clearances before worker departures
APPLICATION FOR EXIT CLEARANCE
Employer must submit to ALPCD at least 15 days before the departure of the worker
Application must be accompanied by an Affidavit from the employer attesting to the fact that all wages due to the worker have been paid
DOCUMENT LINK
NOTIFICATION OF DEPARTURE
Employer must submit within 10 days showing the actual departure of the worker
Notification should be accompanied by a copy of the airline ticket
In cases where the worker must depart immediately, the employer should consult with ALPCD ASAP
In no case should a worker depart without an Application for Exit Clearance being submitted
There is no grace period
If the worker departs after his authorized stay, the worker has "overstayed"
If a worker overstays for a certain period of time, the worker may be barred from re-entering the U.S. for periods of 3 to 5 years
New regulations promulgated by USCIS may contain additional penalties for workers who have overstayed
It is not in the best interest of the employer or the alien that any worker overstays even 1 day
DOCUMENT LINK
Make sure to properly report "run away" or absconded workers
Employer must immediately report the incident
Employer bears some responsibility to help find and repatriate the worker
Merely reporting it does not absolve employer of the responsibility
Write a letter to the ALPCD Administrator reporting the worker as being absconded
The worker's name, date of birth, social security number and/or GDOL ID number, the worker's occupation and the worker's expiration date
State whether or not the worker is still considered employed by your company
State the circumstances in which you found out that the worker absconded
State any information you have as to where the worker may be residing or working
State that your company will continue to investigate and will forward any and all information to ALPCD that you discover in the future
Attach a copy of the worker's passport picture and/or GDOL ID
All employers should collect such copies at the beginning of the worker's employment
If an electronic copy or scan is available, email the letter and pictures to ALPCD and deliver the original to the ALPCD office
Email Address: alpcd@guamdol.net
Deliver a cc: copy to the U.S. Immigration and Customs Enforcement office
Email Address: ?
If the absconder is from the Philippines, deliver a cc: copy to the Philippine Consul General
Email Address: pc.agana@dfa.gov.ph
Submit an application for Exit Clearance specifying that the worker has absconded
Report missing persons to GPD and ALPCD immediately
Repatriation Bond Standard Rates
8. Reporting Requirements
Employer's Workplace Monthly Reports
Due before the 7th of each month
Worker Registration
Due 24 hours after arrival of new worker
Or due within 1 week from the receipt of extension approval (form I-797)
Application for Exit Clearance
Due 15 days before the departure of a worker
Housing Exemptions
When a worker requests to live outside the housing facility a request must be submitted to and approved by the Director of Labor
Increases in Board and Lodging Deduction
If charging more than $800.00 per week, a request and justification must be submitted to and approved by the Director of DOL
Absconded Workers
Submit notification and supporting documents to ALPCD
Changes in Housing Faculties
Notify ALPCD in writing whenever there are any changes in housing
9. Contact Information
Address
Guam Department of Labor Alien Labor Processing & Certification Division P.O. Box 9970 Tamuning, Guam 96931
Email Address: alpcd@guamdol.net
Website Address: www.guamdol.net
Fax Number: (671) 475-7018
Key Personnel
Greg S. Massey
ALPCD Administrator
(671) 475-7005
alpcd-greg@hotmail.com
Pinky B. Hills
Compliance & Inspection Section Head
(671) 475-7029
pinkyhills@yahoo.com
Rose Benavente
Certification Section Head
(671) 475-7029
rose_benavente@yahoo.com
Angela Tydingco
Prevailing Wage Determination Section Head
(671) 475-7013
atydingco@gmail.com
Dorinda Meno
Administrative Section Head
(671) 475-7013
dreno3@gmail.com
10. New Worker Orientation
About
Title
Guam H-2B Program Compliance Guide
Subject
-
Company
-
Author
Mindjet
Version
36
Comments
The Mindjet MindManager 8 default map template.