Guam Department of Labor
Alien Labor Processing & Certification Division
PROCESS FOR REQUESTING A DETERMINATION OF ADVERSE AFFECT AS A RESULT OF THE GUAM MILITARY REALIGNMENT
Effective February 9, 2022, the Guam Department of Labor will accept requests for advisory letters on Guam Department of Labor’s determination of adverse affect as a result of the military realignment.
- Determinations shall be made on a project-by-project basis and contractors must adequately justify their contention that the named project is adversely affected by the military realignment.
- Completed request forms may be submitted:
- in person at the ALPCD office at suite 402, GCIC Building in Hagatna
- or via email to firstname.lastname@example.org
- Factors to be considered shall include:
- The contractor’s contracts or subcontracts having been, or likely to be, delayed, cancelled, or substantially scaled back;
- The contractor’s inability to pursue additional contracts;
- If the contractor has experienced a loss of income or opportunity and the estimate on what their monetary loss is;
- Specifics on the contractor’s workforce;
- Other relative information which the contractor believes contributed to their project being adversely affected by the military realignment
- Typical processing time will be 5 working days, but more complicated requests for those needing additional information may take longer.
- ALPCD staff may require additional information and may require the contractor to participate in fact finding interviews, when necessary.
- Once ALPCD staff have analyzed, conducted appropriate fact finding and processed the request:
- If Adverse Affect is determined – an official letter from the Department of Labor will be generated for the employer to utilize in their I-129 petition filing with USCIS.
- If Adverse Affect is not determined – The request will be returned with appropriate notations that the request has been denied.
- If denied, Department’s determination is not appealable. However, the employer may still file with their I-129 petition relying on their own justification.
The REQUEST FORM is available as a fillable PDF document at the link below:
We strongly advise contractors to read up on the guidance provided by USCIS in their policy manual and to seek competent legal advice to avoid deficient I-129 filings with USCIS and the inherent delays which may result. The USCIS guidance can be found at:
Contractors must also be aware that the letter issued by GDOL is advisory to USCIS who makes the final decision on any H-2B application.
As this process is newly created, the GDOL flow process may change over time to account for processing times and to handle the volume of requests received by the department.
For more information, contact ALPCD case managers at (671) 475-8013 / 475-8005 or via email at email@example.com.