Non-Immigrant Temporary Worker Registration Fee

(a)The Guam Department of Labor is authorized to collect a non-refundable registration fee of Two Thousand Ninety-one Dollars ($2,091.00) annually per non-immigrant temporary worker for each calendar year, or One Hundred Seventy-four Dollars and Twenty-Five Cents ($174.25) per month or any fraction of a month thereof, One Hundred Sixty-six Dollars and Sixty-seven Cents ($166.67) representing the registration fee, and Seven Dollars and Sixty Cents ($7.60) representing the sanitary inspection fees, from the employer of each non-immigrant temporary worker, payable at the time the employer submits the identification application for the non-immigrant worker.

(1)Such registration fee shall be based on a time beginning on the day of registration with the DOL and no greater than the non-immigrant worker’s authorization to legally stay and work in Guam.

(2)In the event that an employer submits the identification application for a worker more than seventy-two

(72)hours after the worker has arrived in Guam, the DOL shall base the registration fee on the arrival date of the worker in Guam.

(b)Funds collected pursuant hereto shall be subject to legislative appropriation, and shall be used solely to support § 7120, Chapter 7, Title 22, GCA, the Manpower Development Fund (MDF), and the Skills Training Programs for Guam residents in order to eliminate the need to bring non-immigrant temporary workers on Guam; and Chapter 26A Division 2 of Title 10, GCA, the DPHSS Sanitary Inspection Revolving Fund, which is used to ensure that the sanitary conditions of the workers’ dormitories is in compliance with DPHSS Rules and Regulations, and also to provide protection for both the general public and the non-immigrant temporary workers as related to environmental health concerns.

(c)For each non-immigrant temporary worker, Two Thousand Dollars ($2000.00) per annum, or the prorated amount of One Hundred Sixty-six Dollars and Sixty-seven Cents ($166.67) each month, representing the monthly registration fee, shall go to the MDF and appropriated pursuant to § 7120 of this Article; the remaining Ninety-one Dollars ($91.00) per annum, or the prorated amount of Seven Dollars and Sixty Cents ($7.60) each month, representing the monthly sanitary inspection fee, shall go to the DPHSS Sanitary Inspection Revolving Fund.

(d)Renewals. In the event that the temporary non-immigrant worker is seeking an extension from the United States Citizenship and Immigration Services (USCIS), the Guam Department of Labor may issue a temporary labor ID valid for up to ninety

(90)days pending the approval or denial of his or her extension of stay.

(1)At the time the employer submits an application for a renewal of the worker’s registration, the employer shall submit a police clearance from the Guam Police Department for the non-immigrant worker.

(2)Upon the expiration of the temporary labor ID, the Department of Labor shall collect from the employer a nonrefundable registration renewal fee of One Thousand Forty-five Dollars and Fifty Cents ($1,045.50) for the first six

(6)months, with One Thousand Dollars ($1,000.00) going to the MDF and Forty-five Dollars and Fifty Cents ($45.50) going to the DPHSS Sanitary Inspection Revolving Fund.

(3)For every additional month approved by USCIS thereafter, the employer shall be charged a prorated registration fee of One Hundred Seventy-four Dollars and Twenty-five Cents ($174.25) each month pursuant to § 7119(a).

(4)The renewal fee shall be prorated based on the time starting from the seventh

(7th)month of registration and ending at the final month approved by USCIS. CH. 7 EMPLOYMENT SERVICE LAW

(5)In instances where fee waivers are applicable, the Department may adjust the monthly prorated amounts as appropriate.

(6)Should the employer receive a denial of the worker’s extension of stay after the initial six (6)month registration, the fee shall be prorated based on the time starting from the seventh

(7th)month of registration and ending on the month in which the employer’s USCIS denial is dated.

(e)The Guam Department of Labor shall waive One Thousand Dollars ($1,000.00) per annum, or the prorated amount of Eighty-three Dollars and Thirty-four cents ($83.34) each month, of the fee under § 7119(a) and the amount stipulated under § 7119(c) and Five Hundred Dollars ($500.00) of the renewal fee for the first six

(6)months and Eighty-three Dollars and Thirty-four cents ($83.34) for the monthly prorated amount under § 7119(d) for each non-immigrant temporary worker working exclusively on civilian construction projects not related to planned construction projects of the military realignment occurring on Guam, as indicated in the project summary sheet of the employer’s approved temporary labor certification, or in business activities not related to construction projects on Guam. In cases where the fee is prorated, the Department may adjust the prorated fee amount to account for the waiver.