Local
Thursday, December 17, 2009
Labor completes work on worker unpaid wage claims
In this file photo, alien workers line up at the Department of Labor during the issuance of umbrella permits. The department now says it has completed its processing of unpaid wage claims from 2008 and all prior years. (Haidee V. Eugenio) The Labor Department has completed its processing of unpaid wage claims from 2008 and all prior years, Deputy Secretary Cinta M. Kaipat announced Wednesday.
“The department published notices over a six-month period to register unpaid wage or other claims. That period ended on Oct. 30, 2009,” Kaipat said. “We have finished processing the claims of all the foreign workers who registered. We have held hearings as necessary, and we have completed the hearings in all the cases. Nearly all of the orders have been issued, and the orders in the few remaining cases will be issued shortly.”
Total claims under $450,000
The total amount of these outstanding unpaid wage claims was under $450,000, Kaipat estimated. “We don't have an exact number because some of the claims came in without any amount stated,” she said.
However, there never was a total of $6.1 million in unpaid wage claims as was publicized many, many times over in the press, Kaipat emphasized. That total was never correct, she said. “In fact, now that we have more data, we know that the Commonwealth has a far lower rate of unpaid wage claims among alien workers than any U.S., European, Australian or New Zealand jurisdiction that publishes data in these regards,” Kaipat said.
First, it is important to distinguish between claims that are and are not covered by labor bonds. Unpaid wage, medical expense, and repatriation claims are covered by employer bonds. “However, claims such as unpaid wages for illegal work, liquidated damages, workers compensation, cosmetic surgery and other non-essential medical treatment, common law spouse claims, and other similar matters are not covered by employer bonds,” Kaipat said. Once the claims that were never intended to be covered by the Labor Department's bonding system are taken out of the calculation, the number and amount of claims decreases dramatically.
Second, it is also important to understand that-just like any other insurance policy-bonds have limits on what they are required to pay. “We distinguish between claims that are within the standard limitations of bond coverage and those that are not,” Kaipat said. Employer bonds typically cover three months of wages, $3,000 in medical expenses, and full fare for repatriation tickets. This means that the bonding system assumes that workers will bring their claims promptly.
However, under the old labor system, workers often waited until the very end of their work permit period to bring their claims. This meant that all of the unpaid wages beyond the three-month limitation were not covered by bonds.
“P.L. 15-108 fixed this problem by limiting the period within which workers could bring claims,” Kaipat said. “A worker must seek to resolve disputes promptly. This is a better system than waiting months and months to bring a stale claim after the employers and witnesses may be long gone.” When the claims that are beyond bond coverage are eliminated, the number and amount of claims falls even further.
Claims being paid
The department expects that a substantial number of workers either have been or in the near future will be paid by the bonding companies. “Some bonding companies have paid voluntarily once the claims were put on the Hearing Office docket,” Kaipat said. But other bonding companies have appealed to the Secretary and to the courts. The Attorney General's Office is handling the appeals that have been filed in federal and Commonwealth courts by the bonding companies.
Access to courts
“The department still believes strongly that the proper venue for expeditious resolution of worker claims against employers and bonding companies is in the courts,” Kaipat said.
The department advertised for unpaid wage and other claims and set up the special hearings on bond claims in response to two court opinions requiring workers to press their claims first at the Labor Department before going to court.
Of the approximately $450,000 in claims, only about $54,000 has been paid as a result of the bond claims hearings. Other claims have been appealed.
“It is ironic,” Kaipat noted, “that when we told workers to go to small claims court, the bonding companies objected that they should be in Labor Department hearings. When we brought them before the Administrative Hearing Office for hearings on whether they should pay, they argued that they should be in court.”
Ultimately, Kaipat expects that the department will prevail in the courts, and that the bonding companies will be ordered to pay.
Further action in the courts
“We have not ignored claims that are not covered by bonds at all or that are beyond the standard coverage provided by labor bonds,” Kaipat said. “All of those claims have been referred to the Attorney General for action in the courts as appropriate.”
Orders from the Administrative Hearing Office have been issued stating the name of the claimant and the case in which the claim arose. Those orders are published on the department's Web site.
“We expect that the Attorney General's Office will determine which claims might be collected through the court system and which claims are simply uncollectible at this point. Claims may be totally uncollectible because either the employer or the bonding company or both are no longer in business and there is no person or entity that a court could order to pay,” said Kaipat.
The Labor Department wanted to use experienced collection lawyers to pursue all unpaid worker claims in the courts, Kaipat disclosed. “We thought this would get the fastest action and the best results.” However, the Attorney General's office decided that it would pursue these claims for workers in the courts.
Extra time to earn
If a claim is uncollectible, then the worker who has made the claim cannot use that claim as a basis for remaining in the Commonwealth. However, Kaipat explained that the umbrella permit system essentially allows these workers-whose claims can never be collected-to have an extra chance to work in the Commonwealth to recoup their losses.
“Under the normal system, these workers with uncollectible claims would be repatriated,” Kaipat said. “However, their umbrella permit gives them repayment of a kind, in that they are allowed to remain in the Commonwealth, which is what they would like to do, and to continue to seek work for an extra period of time. This is a way of meeting, in some part, any inequity in the system in the past.”
The Labor Department discussed this aspect of the umbrella permit system with representatives of foreign worker groups, and it was agreed that if the claims were totally uncollectible, an opportunity to “earn it back” would be the next best thing that could be offered to affected workers.
Future unpaid claims
The court opinions ordering the Labor Department to hold bond claim hearings cover only the Nonresident Workers Act, not the current labor law, Kaipat said. However, the department will continue the bond claims process for 2009 cases.
The notice for registration of any unpaid wage claims from administrative orders issued in 2009 was published two weeks ago, the registration period will end on Dec. 30, 2009, for orders issued in the first three quarters of 2009. Kaipat announced that the Labor Department expects to finish all the 2009 claims by March 30, 2010. (PR/Department of Labor)
Wednesday, December 16, 2009
Sunday, December 13, 2009
Local
Monday, December 14, 2009
No changes in transitional worker rule reopened for comments
By Haidee V. Eugenio
Reporter
The U.S. Department of Homeland Security has not made any changes to its interim final rule on the CNMI Transitional Worker Classification but merely reopened it for public comment on Dec. 10.
The interim final rule seeks to create a new CNMI-only transitional worker, or “CW,” classification intended to be effective during the transition period from Nov. 28, 2009 to Dec. 31, 2014. It was initially published on Oct. 27 and intended to become effective on Nov. 27.
But a federal judge issued a preliminary injunction two days prior to federalization, preventing DHS from implementing the regulations on Nov. 28, to give the public enough time to comment as required by the Administrative Procedures Act.
Two weeks later, DHS reopened and extended for another 30 days the public comment period for the interim final rule as published in the Dec. 10 Federal Register.
The comment period will remain open until Jan. 8, 2010, and not Jan. 7, 2010, as earlier announced.
Marie Thérèse Sebrechts, DHS-U.S. Citizenship and Immigration Services regional media manager, said Friday that USCIS “will consider all comments received during the public comment period of Oct. 27, 2009 to Jan. 8, 2010 in the development of its final transitional worker rule.
“Pursuant to a recent order of the U.S. District Court for the District of Columbia, DHS will not implement the transitional worker visa classification provisions until DHS considers comments received on the interim rule, makes any necessary revisions resulting from those comments, and issues a final rule,” Sebrechts said.
The interim final rule will continue to be available for public comment at www.regulations.gov. To find this rule on regulations.gov, search under the docket number USCIS-2008-0038.
Teresa Kim, interim press secretary, said re-opening the comment period on regulations that are the subject of a court order is a customary practice for an agency that now must decide how to respond to the court order.
“Prior comments were provided without the benefit of either the court’s opinion with respect to the Commonwealth’s challenge to the statute or the court’s second opinion with respect to the Commonwealth’s challenge to the failure by DHS to abide by the requirements of the federal Administrative Procedure Act,” she told Saipan Tribune when asked for comment.
Some 100 entities submitted comments to the interim final rule in its initial public comment period.
“The additional comment period will give others a chance to provide DHS with information for use in the rule-making process. The administration urges all affected persons and businesses to take advantage of this opportunity to assist DHS in promulgating a practical and workable rule that will not further damage the Commonwealth’s economy,” Kim added.
Saipan Chamber of Commerce president Jim Arenovski, lawyer Steve Woodruff and United Workers Movement-NMI board chair Ronnie Doca earlier said they welcome the additional public comment period.
Since the reopening of the public comment period, one comment has so far been posted online from an individual whose name was withheld.
“To all legislators, it's simple and straightforward. If you were in our shoes, having a family here on the island of Saipan, will you want your kids to be left out whenever us as parents cannot step back to U.S. soil because we were denied by the embassy after having a vacation? Who will take care of our kids? Who will raise them? Isn’t it in the school system they are teaching that U.S. is the land of the free? But now, who is saying that is the enemy,” the commenter said.
DHS is establishing a Transitional Worker Visa category, a new nonimmigrant visa classification under the Immigration and Nationality Act using the admission code CW-1 for the principal transitional worker and CW-2 for dependents. “CW” stands for “Commonwealth transitional worker.”
A “transitional worker” is defined as an alien worker who is currently ineligible for another classification under the INA and who performs services or labor for an employer in the CNMI.
Under the CNMI-Only Transitional Worker program, employers may file a petition for a transitional worker with USCIS using Form I-129CW, Petition for a Nonimmigrant Worker in the CNMI.
The Form I-29CW is a modified form of the Form I-29, but it is specifically used for the Commonwealth-only Transitional Worker program.
The fee for Form I-129CW would be $320, the same amount charged for the I-129, and an $80 biometrics fee.
In addition, the Consolidated Natural Resources Act mandates a “CNMI education funding fee” of $150 per beneficiary per year, which cannot be waived.
Under the interim final rule, the CNMI-Only Transitional Worker program includes all occupational categories being used in the CNMI now.
Also, for the first year, the numerical limits for CW-1 status are based on the CNMI government’s own estimate of the nonresident worker population, which is 22,417. After the first year, the numerical limit will decrease, as determined by the DHS secretary.
Monday, December 14, 2009
No changes in transitional worker rule reopened for comments
By Haidee V. Eugenio
Reporter
The U.S. Department of Homeland Security has not made any changes to its interim final rule on the CNMI Transitional Worker Classification but merely reopened it for public comment on Dec. 10.
The interim final rule seeks to create a new CNMI-only transitional worker, or “CW,” classification intended to be effective during the transition period from Nov. 28, 2009 to Dec. 31, 2014. It was initially published on Oct. 27 and intended to become effective on Nov. 27.
But a federal judge issued a preliminary injunction two days prior to federalization, preventing DHS from implementing the regulations on Nov. 28, to give the public enough time to comment as required by the Administrative Procedures Act.
Two weeks later, DHS reopened and extended for another 30 days the public comment period for the interim final rule as published in the Dec. 10 Federal Register.
The comment period will remain open until Jan. 8, 2010, and not Jan. 7, 2010, as earlier announced.
Marie Thérèse Sebrechts, DHS-U.S. Citizenship and Immigration Services regional media manager, said Friday that USCIS “will consider all comments received during the public comment period of Oct. 27, 2009 to Jan. 8, 2010 in the development of its final transitional worker rule.
“Pursuant to a recent order of the U.S. District Court for the District of Columbia, DHS will not implement the transitional worker visa classification provisions until DHS considers comments received on the interim rule, makes any necessary revisions resulting from those comments, and issues a final rule,” Sebrechts said.
The interim final rule will continue to be available for public comment at www.regulations.gov. To find this rule on regulations.gov, search under the docket number USCIS-2008-0038.
Teresa Kim, interim press secretary, said re-opening the comment period on regulations that are the subject of a court order is a customary practice for an agency that now must decide how to respond to the court order.
“Prior comments were provided without the benefit of either the court’s opinion with respect to the Commonwealth’s challenge to the statute or the court’s second opinion with respect to the Commonwealth’s challenge to the failure by DHS to abide by the requirements of the federal Administrative Procedure Act,” she told Saipan Tribune when asked for comment.
Some 100 entities submitted comments to the interim final rule in its initial public comment period.
“The additional comment period will give others a chance to provide DHS with information for use in the rule-making process. The administration urges all affected persons and businesses to take advantage of this opportunity to assist DHS in promulgating a practical and workable rule that will not further damage the Commonwealth’s economy,” Kim added.
Saipan Chamber of Commerce president Jim Arenovski, lawyer Steve Woodruff and United Workers Movement-NMI board chair Ronnie Doca earlier said they welcome the additional public comment period.
Since the reopening of the public comment period, one comment has so far been posted online from an individual whose name was withheld.
“To all legislators, it's simple and straightforward. If you were in our shoes, having a family here on the island of Saipan, will you want your kids to be left out whenever us as parents cannot step back to U.S. soil because we were denied by the embassy after having a vacation? Who will take care of our kids? Who will raise them? Isn’t it in the school system they are teaching that U.S. is the land of the free? But now, who is saying that is the enemy,” the commenter said.
DHS is establishing a Transitional Worker Visa category, a new nonimmigrant visa classification under the Immigration and Nationality Act using the admission code CW-1 for the principal transitional worker and CW-2 for dependents. “CW” stands for “Commonwealth transitional worker.”
A “transitional worker” is defined as an alien worker who is currently ineligible for another classification under the INA and who performs services or labor for an employer in the CNMI.
Under the CNMI-Only Transitional Worker program, employers may file a petition for a transitional worker with USCIS using Form I-129CW, Petition for a Nonimmigrant Worker in the CNMI.
The Form I-29CW is a modified form of the Form I-29, but it is specifically used for the Commonwealth-only Transitional Worker program.
The fee for Form I-129CW would be $320, the same amount charged for the I-129, and an $80 biometrics fee.
In addition, the Consolidated Natural Resources Act mandates a “CNMI education funding fee” of $150 per beneficiary per year, which cannot be waived.
Under the interim final rule, the CNMI-Only Transitional Worker program includes all occupational categories being used in the CNMI now.
Also, for the first year, the numerical limits for CW-1 status are based on the CNMI government’s own estimate of the nonresident worker population, which is 22,417. After the first year, the numerical limit will decrease, as determined by the DHS secretary.
Saturday, December 12, 2009
Sunday, December 13, 2009
Local
Saturday, December 12, 2009
Q&A
UMBRELLA PERMITS
Question: What will be the function of the CNMI Department of Labor under federalization?
Answer: The CNMI Department of Labor will continue to perform its functions as prescribed by CNMI law except those directly concerned with the process of actual entry into the Commonwealth and the process of actual deportation from the Commonwealth.
With respect to the entry of foreign workers, in the past, the department approved applications for entry that were forwarded to the Division of Immigration for action. The function of allowing entry to the Commonwealth now rests with USCIS.
With respect to the deportation of foreign workers, in the past, the department referred to the Division of Immigration those who did not comply with repatriation orders. The department will continue to assist workers with voluntary repatriation and obtain repatriation tickets from the last employer of record. However, those who do not comply with repatriation orders will be referred to the federal Immigration and Customs Enforcement agency for deportation.
With respect to other functions-including approval of applications, requirements with respect to medical expenses and bonding of wages and other expenses, transfers, investigations, hearing of disputes, and revocation of permits-the department will continue to function as it has in the past.
Q: Will the Department of Labor issue any additional umbrella permits?
A: No umbrella permits will be issued after Nov. 27, 2009. The federal law recognizes all CNMI umbrella permits issued through Nov. 27, 2009 and not thereafter.
Q: If a person's name is on a list on the department's Web site as eligible for an umbrella permit, will the department issue it?
A: No umbrella permits will be issued after Nov. 27, 2009.
Q: If a permit was printed for a person, but that person did not pick up the permit for some reason, will the department issue it?
A: No. The printing of permits is different from the issuance of permits. A permit is “issued” when the holder of the permit appears in person on or before Nov. 27, 2009, presents acceptable identification, and signs and dates the permit before a Labor Department staff member who also signs and dates the permit.
Q: What happens to a person who holds a valid permit but who did not pick up an umbrella permit?
A: Any person who held a valid permit on Nov. 27 may stay in the Commonwealth and work until the expiration of that permit.
Q: Did the department issue umbrella permits to any overstayers?
A: The department issued permits to persons who did not have currently valid work permits if they were not on any overstayer list certified to the Immigration Division, filed an application on a form provided by the department at the Administrative Hearing Office, and met the criteria in the Governor's Protocol issued in September 2009.
Q: What about persons who might meet the Governor's Protocol criteria who applied to the Attorney General instead of the Labor Department?
A: Persons on certified overstayer lists were not qualified for an umbrella permit under any circumstances unless they received a waiver from the Immigration Division. Once an overstayer list is published, and opportunity is given for persons named on the list to appear at Labor and clear up their record, the names of all persons who appear are deleted from the list and the names of all persons who do not appear remain on the list. The department certifies quarterly overstayer lists to the Immigration Division. Thereafter, the department will not take action as to an overstayer without a waiver from the Immigration Division. When waivers were granted by the Immigration Division, the department considered these overstayers under the same criteria as overstayers who were not on a certified list.
Q: What happens to the overstayer who did not get an umbrella permit?
A: The CNMI Labor Department will assist overstayers to obtain repatriation tickets from the last employer of record and to depart voluntarily. Under a voluntary repatriation, the person may remain eligible to enter the U.S. in the future if they comply with federal immigration law.
Overstayers who do not comply with voluntary repatriation will be referred to the Immigration and Customs Enforcement agency. Only the federal government can deport people. A person who is deported may not be eligible to enter the U.S. in the future.
Q: What is the report-back date on the umbrella permits?
A: The report-back date is the last date on which some necessary action must be taken to keep the umbrella permit in force. For holders of valid work permits, the report-back date is the date on which the work permit expires and a renewal or transfer should be in process. For those whose applications were in process when the umbrella permit was issued, the report-back date is the last date to correct deficiencies or appeal denials. For those with cases or claims, the report-back date is a date by which the matter is expected to be resolved. If the matter is not resolved by that date, a new report-back date will be set. For those who are seeking work, the report-back date is the date by which an employer intent form must be filed.
Q: Are all holders of umbrella permits allowed to register with Employment Services in order to seek work?
A: All holders of umbrella permits may register when they are seeking work except those who hold umbrella permits under a claim of pending case, pending appeal, or pending claim under an administrative order for unpaid wages. Those with pending cases, appeals, and claims may be authorized to seek temporary work, but when the case, appeal, or claim is completed, the basis for remaining in the Commonwealth may end. Those who have unpaid wage claims that are determined by the Attorney General to be uncollectible may register to seek permission to transfer to a new employer.
Q: When are those who hold umbrella permits and are seeking work required to register with Employment Services?
A: Anyone holding an umbrella permit and seeking work who has already registered with Employment Services is not required to re-register unless ordered to do so by a Hearing officer. An Employer Intent Form must be filed before the report-back date.
Anyone holding an umbrella permit and seeking work who has not yet registered with Employment Services must register before the report-back date on their umbrella permit and file an Employer Intent Form before the report-back date.
Q: How will the temporary handwritten umbrella permits be handled?
A: Temporary permits were issued in some cases because the computer system did not have a sufficient photo image or there was some other problem with the record from which the umbrella permits were printed. Temporary permits all carry a report-back date of January 15, 2009. From December 15, 2009 through January 15, 2009, the holders of temporary permits may report to Labor Processing to pick up their permanent permit with their picture on it. Those who have no photos on file will be asked to supply a passport-sized photo.
Q: Is an employer allowed to renew a worker who has an umbrella permit?
A: Yes, if a worker has an umbrella permit, the worker can be renewed under the department's normal processes.
Q: Is an employer allowed to renew a worker who does not have an umbrella permit but still has a valid work permit?
A: A worker without an umbrella permit can be renewed if the worker has time left on his or her regular work permit. So, for example, if the application was filed by the employer in December 2009, and the worker's permit does not expire until June 2010, then the worker can be renewed for the period until the worker's permit expires in June 2010.
Q: Is an employer allowed to renew a worker who does not have an umbrella permit and does not have a valid work permit?
A: Yes, but only if the application was filed by the employer on or before November 27, 2009 and was in process on November 27, 2009. If the worker's permit expired but the worker was still eligible to be renewed under normal department processes, then the renewal filed on or before November 27 will proceed as usual. The worker will get whatever period of time the employer applied and paid for (one year, two years, etc.)
Q: Is a worker allowed to transfer to a new employer if the worker has an umbrella permit?
A: Yes, under the department's normal processes.
Q: Is a worker allowed to transfer if the worker does not have an umbrella permit?
A: A worker without an umbrella permit can transfer if the worker has time left on his or her regular work permit. So, for example, if the application was filed by the employer in December 2009, and the worker's permit does not expire until June 2010, then the worker can transfer and work until the worker's permit expires in June 2010. In addition, if the employer's application with respect to the worker was in process on November 27, the worker will be allowed to transfer for whatever period the employer applied and paid for.
Q: Is an employer allowed to employ a worker under a transfer if the worker does not have an umbrella permit and does not have a valid work permit?
A: Yes, but only if the application was filed by the employer and there was a conditional grant of transfer on or before November 27, 2009. The worker will get whatever period of time the employer applied for (one year, two years, etc.)
Q: When will the department start issuing plastic cards again?
A: On December 15, 2009, after all of the records for the umbrella permit process have been put into the department's computer system.
Q: Where do IRs report for their annual registration now that the Immigration Division is gone?
A: Immediate relatives of U.S. citizens register with the Office of the Attorney General. Immediate relatives of aliens register with the Department of Labor.
Q: What about 240P permits and refugees?
A: The Attorney General handles those matters.
Q: Who revokes umbrella permits?
A: An umbrella permit issued by the Labor Department will be revoked, if necessary, by the Labor Department. An umbrella permit issued by the Commerce Department will be revoked, if necessary, by the Commerce Department. An umbrella permit issued by the Immigration Division will be revoked, if necessary, by the Office of the Attorney General, except for umbrella permits issued to immediate relatives of aliens, which will be handled by the Labor Department.
The department will follow the same process it uses for revoking any permit. The Director of Labor will petition the Hearing Office to revoke the permit. The Hearing Office will hold a hearing to determine whether the permit should be revoked. A Hearing Officer will issue an order either revoking the permit or leaving it in force. Thereafter, parties will have an opportunity to appeal to the Secretary, and a further judicial review in the Commonwealth Superior Court.
Q: What happens to workers whose appeals are decided after they get their umbrella permits?
A: The umbrella permit allows a worker to stay and pursue an appeal. If the appeal is successful, then the umbrella permit remains in effect and the order will allow the worker to re-register and pursue a transfer. If the appeal is denied, then the order will deal with the umbrella permit.
Q: What happens to workers whose cases are decided after they get their umbrella permits?
A: The umbrella permit allows a worker to stay and pursue a case. If the case is successful, then the umbrella permit remains in effect. If the hearing officer dismisses the claims or finds against the worker, the order will deal with the umbrella permit.
Q: What data will be issued about the umbrella permit program?
A: Data on the umbrella permit program will be available after the Department reconciles its digital records. The data will be available in the Department's year-end annual report to the Legislature.
Source: CNMI Department of Labor
Local
Saturday, December 12, 2009
Q&A
UMBRELLA PERMITS
Question: What will be the function of the CNMI Department of Labor under federalization?
Answer: The CNMI Department of Labor will continue to perform its functions as prescribed by CNMI law except those directly concerned with the process of actual entry into the Commonwealth and the process of actual deportation from the Commonwealth.
With respect to the entry of foreign workers, in the past, the department approved applications for entry that were forwarded to the Division of Immigration for action. The function of allowing entry to the Commonwealth now rests with USCIS.
With respect to the deportation of foreign workers, in the past, the department referred to the Division of Immigration those who did not comply with repatriation orders. The department will continue to assist workers with voluntary repatriation and obtain repatriation tickets from the last employer of record. However, those who do not comply with repatriation orders will be referred to the federal Immigration and Customs Enforcement agency for deportation.
With respect to other functions-including approval of applications, requirements with respect to medical expenses and bonding of wages and other expenses, transfers, investigations, hearing of disputes, and revocation of permits-the department will continue to function as it has in the past.
Q: Will the Department of Labor issue any additional umbrella permits?
A: No umbrella permits will be issued after Nov. 27, 2009. The federal law recognizes all CNMI umbrella permits issued through Nov. 27, 2009 and not thereafter.
Q: If a person's name is on a list on the department's Web site as eligible for an umbrella permit, will the department issue it?
A: No umbrella permits will be issued after Nov. 27, 2009.
Q: If a permit was printed for a person, but that person did not pick up the permit for some reason, will the department issue it?
A: No. The printing of permits is different from the issuance of permits. A permit is “issued” when the holder of the permit appears in person on or before Nov. 27, 2009, presents acceptable identification, and signs and dates the permit before a Labor Department staff member who also signs and dates the permit.
Q: What happens to a person who holds a valid permit but who did not pick up an umbrella permit?
A: Any person who held a valid permit on Nov. 27 may stay in the Commonwealth and work until the expiration of that permit.
Q: Did the department issue umbrella permits to any overstayers?
A: The department issued permits to persons who did not have currently valid work permits if they were not on any overstayer list certified to the Immigration Division, filed an application on a form provided by the department at the Administrative Hearing Office, and met the criteria in the Governor's Protocol issued in September 2009.
Q: What about persons who might meet the Governor's Protocol criteria who applied to the Attorney General instead of the Labor Department?
A: Persons on certified overstayer lists were not qualified for an umbrella permit under any circumstances unless they received a waiver from the Immigration Division. Once an overstayer list is published, and opportunity is given for persons named on the list to appear at Labor and clear up their record, the names of all persons who appear are deleted from the list and the names of all persons who do not appear remain on the list. The department certifies quarterly overstayer lists to the Immigration Division. Thereafter, the department will not take action as to an overstayer without a waiver from the Immigration Division. When waivers were granted by the Immigration Division, the department considered these overstayers under the same criteria as overstayers who were not on a certified list.
Q: What happens to the overstayer who did not get an umbrella permit?
A: The CNMI Labor Department will assist overstayers to obtain repatriation tickets from the last employer of record and to depart voluntarily. Under a voluntary repatriation, the person may remain eligible to enter the U.S. in the future if they comply with federal immigration law.
Overstayers who do not comply with voluntary repatriation will be referred to the Immigration and Customs Enforcement agency. Only the federal government can deport people. A person who is deported may not be eligible to enter the U.S. in the future.
Q: What is the report-back date on the umbrella permits?
A: The report-back date is the last date on which some necessary action must be taken to keep the umbrella permit in force. For holders of valid work permits, the report-back date is the date on which the work permit expires and a renewal or transfer should be in process. For those whose applications were in process when the umbrella permit was issued, the report-back date is the last date to correct deficiencies or appeal denials. For those with cases or claims, the report-back date is a date by which the matter is expected to be resolved. If the matter is not resolved by that date, a new report-back date will be set. For those who are seeking work, the report-back date is the date by which an employer intent form must be filed.
Q: Are all holders of umbrella permits allowed to register with Employment Services in order to seek work?
A: All holders of umbrella permits may register when they are seeking work except those who hold umbrella permits under a claim of pending case, pending appeal, or pending claim under an administrative order for unpaid wages. Those with pending cases, appeals, and claims may be authorized to seek temporary work, but when the case, appeal, or claim is completed, the basis for remaining in the Commonwealth may end. Those who have unpaid wage claims that are determined by the Attorney General to be uncollectible may register to seek permission to transfer to a new employer.
Q: When are those who hold umbrella permits and are seeking work required to register with Employment Services?
A: Anyone holding an umbrella permit and seeking work who has already registered with Employment Services is not required to re-register unless ordered to do so by a Hearing officer. An Employer Intent Form must be filed before the report-back date.
Anyone holding an umbrella permit and seeking work who has not yet registered with Employment Services must register before the report-back date on their umbrella permit and file an Employer Intent Form before the report-back date.
Q: How will the temporary handwritten umbrella permits be handled?
A: Temporary permits were issued in some cases because the computer system did not have a sufficient photo image or there was some other problem with the record from which the umbrella permits were printed. Temporary permits all carry a report-back date of January 15, 2009. From December 15, 2009 through January 15, 2009, the holders of temporary permits may report to Labor Processing to pick up their permanent permit with their picture on it. Those who have no photos on file will be asked to supply a passport-sized photo.
Q: Is an employer allowed to renew a worker who has an umbrella permit?
A: Yes, if a worker has an umbrella permit, the worker can be renewed under the department's normal processes.
Q: Is an employer allowed to renew a worker who does not have an umbrella permit but still has a valid work permit?
A: A worker without an umbrella permit can be renewed if the worker has time left on his or her regular work permit. So, for example, if the application was filed by the employer in December 2009, and the worker's permit does not expire until June 2010, then the worker can be renewed for the period until the worker's permit expires in June 2010.
Q: Is an employer allowed to renew a worker who does not have an umbrella permit and does not have a valid work permit?
A: Yes, but only if the application was filed by the employer on or before November 27, 2009 and was in process on November 27, 2009. If the worker's permit expired but the worker was still eligible to be renewed under normal department processes, then the renewal filed on or before November 27 will proceed as usual. The worker will get whatever period of time the employer applied and paid for (one year, two years, etc.)
Q: Is a worker allowed to transfer to a new employer if the worker has an umbrella permit?
A: Yes, under the department's normal processes.
Q: Is a worker allowed to transfer if the worker does not have an umbrella permit?
A: A worker without an umbrella permit can transfer if the worker has time left on his or her regular work permit. So, for example, if the application was filed by the employer in December 2009, and the worker's permit does not expire until June 2010, then the worker can transfer and work until the worker's permit expires in June 2010. In addition, if the employer's application with respect to the worker was in process on November 27, the worker will be allowed to transfer for whatever period the employer applied and paid for.
Q: Is an employer allowed to employ a worker under a transfer if the worker does not have an umbrella permit and does not have a valid work permit?
A: Yes, but only if the application was filed by the employer and there was a conditional grant of transfer on or before November 27, 2009. The worker will get whatever period of time the employer applied for (one year, two years, etc.)
Q: When will the department start issuing plastic cards again?
A: On December 15, 2009, after all of the records for the umbrella permit process have been put into the department's computer system.
Q: Where do IRs report for their annual registration now that the Immigration Division is gone?
A: Immediate relatives of U.S. citizens register with the Office of the Attorney General. Immediate relatives of aliens register with the Department of Labor.
Q: What about 240P permits and refugees?
A: The Attorney General handles those matters.
Q: Who revokes umbrella permits?
A: An umbrella permit issued by the Labor Department will be revoked, if necessary, by the Labor Department. An umbrella permit issued by the Commerce Department will be revoked, if necessary, by the Commerce Department. An umbrella permit issued by the Immigration Division will be revoked, if necessary, by the Office of the Attorney General, except for umbrella permits issued to immediate relatives of aliens, which will be handled by the Labor Department.
The department will follow the same process it uses for revoking any permit. The Director of Labor will petition the Hearing Office to revoke the permit. The Hearing Office will hold a hearing to determine whether the permit should be revoked. A Hearing Officer will issue an order either revoking the permit or leaving it in force. Thereafter, parties will have an opportunity to appeal to the Secretary, and a further judicial review in the Commonwealth Superior Court.
Q: What happens to workers whose appeals are decided after they get their umbrella permits?
A: The umbrella permit allows a worker to stay and pursue an appeal. If the appeal is successful, then the umbrella permit remains in effect and the order will allow the worker to re-register and pursue a transfer. If the appeal is denied, then the order will deal with the umbrella permit.
Q: What happens to workers whose cases are decided after they get their umbrella permits?
A: The umbrella permit allows a worker to stay and pursue a case. If the case is successful, then the umbrella permit remains in effect. If the hearing officer dismisses the claims or finds against the worker, the order will deal with the umbrella permit.
Q: What data will be issued about the umbrella permit program?
A: Data on the umbrella permit program will be available after the Department reconciles its digital records. The data will be available in the Department's year-end annual report to the Legislature.
Source: CNMI Department of Labor
Wednesday, December 9, 2009
Local
Thursday, December 10, 2009
USCIS seeks new comments on transitional worker rules
By Haidee V. Eugenio
Reporter
The U.S. Citizenship and Immigration Services has reopened the comment period for the interim final rule on the CNMI Transitional Worker Classification, giving a bit of reprieve to a community still grappling with changes brought by the federal takeover of CNMI immigration since Nov. 28.
The additional 30-day comment period will close on Jan. 7, 2010.
USCIS is one of the component agencies of the U.S. Department of Homeland Security, the lead agency implementing Public Law 110-229 or the federalization law.
The rule will be re-published in the Dec. 10 Federal Register.
“To provide the public and the CNMI with optimum opportunity to comment on the proposed transitional worker classification provisions, USCIS is reopening the comment period for an additional 30 days. USCIS will consider comments received during the entire public comment period in its development of the final rule,” USCIS said yesterday.
Some 100 comments, mostly from foreign workers in the CNMI, were received during the initial 30-day comment period.
Easy conversion mechanism
Steve Woodruff, who has been representing hundreds of nonresident workers in the CNMI, said yesterday that reopening the comment period is “the best way to satisfy the Administrative Procedures Act requirements, to give people enough time to comment on the regulations, before coming up with the final rule.”
Woodruff, a former Senate legal counsel, said his comment will focus more on technical aspects of the rule.
“DHS had said it prefers very specific comments,” he said.
But Woodruff said DHS should have a mechanism that allows for “easy conversion” of existing CNMI nonresident workers to CW-1 status.
“They should be able to obtain that new status just by presenting their CNMI permit,” he said, adding that DHS has taken other right steps, including providing parole and advance parole options.
Transitional worker
DHS is establishing a Transitional Worker Visa category, a new nonimmigrant visa classification under the Immigration and Nationality Act using the admission code CW-1 for the principal transitional worker and CW-2 for dependents. “CW” stands for “Commonwealth transitional worker.”
A “transitional worker” is defined as an alien worker who is currently ineligible for another classification under Immigration and Nationality Act and who performs services or labor for an employer in the CNMI.
The CNMI-Only Transitional Worker Program will be available to two groups of nonresidents: those who are lawfully present in the CNMI and those who are abroad.
Under the CNMI-Only Transitional Worker program, employers may file a petition for a transitional worker with USCIS using Form I-129CW, Petition for a Nonimmigrant Worker in the CNMI.
The Form I-29CW is a modified form of the Form I-29, but it is specifically used for the Commonwealth-only Transitional Worker program.
The fee for Form I-129CW would be $320, the same amount charged for the I-129, and an $80 biometrics fee.
In addition, the Consolidated Natural Resources Act mandates a “CNMI education funding fee” of $150 per beneficiary per year, which cannot be waived.
Helpful
Jim Arenovski, president of the Saipan Chamber of Commerce, said although it does not look like DHS is changing anything in the rules at this point, providing additional time to get more input is “helpful.”
“However, we will need to check and verify that nothing has been changed. If nothing is changed, I would not see any reason for the Chamber to make additional comments,” he said.
Arenovski, who is also president of Delta Management Corp.-Saipan, was among those who submitted comments on the interim final rule.
In his seven-page comment as Chamber president, Arenovski offered an alternative solution to structure the mandated reduction in CNMI-only transitional workers: the creation of a “federally-administered CNMI-only H-2 visa program exempt from the numerical limitations applied in the United States.”
He said this solution would be “effective and efficient.” He said such a program would be otherwise largely identical to the existing federal H-2 visa program, but would “not” allow exit from the CNMI to Guam or other areas of the United States.
When asked for comment yesterday, Arenovski said he welcomes the reopening of the public comment period.
“It is welcomed because the more input DHS has about how these rules negatively (or the remote positive comment) affect individuals and businesses, the more they should push the regulations toward the intent of the law, which is not to harm the economy of the NMI. We hope more comments will help DHS see the need for a flexible program that meets their security needs and allows us the workforce (including long term access to foreign labor) to grow our economy,” he said.
Improved status
Ronnie Doca, board chair of the United Workers Movement-NMI, said the additional comment period will also give DHS more time to consider their request of giving improved status, like “green cards,” to long-time nonresident workers in the CNMI.
Doca, who is also the board chair of the Pilipino Contract Workers Association, said they will continue encouraging workers to submit comments to DHS.
“We may go from house to house for written comments,” he said.
Workers' groups, along with Florida-based human rights advocate Wendy Doromal, have been circulating a signature drive petitioning President Obama, the U.S. Congress and other federal agencies to grant “green cards” to long-term foreign workers in the CNMI.
Many of the comments submitted to DHS' interim final rule were from foreign workers and their U.S. citizen children.
Preliminary injunction
The interim final rule was initially published on Oct. 27 and intended to become effective on Nov. 27.
However, on Nov. 25, U.S. District Court for the District of Columbia Judge Paul L. Friedman issued a preliminary injunction to prevent DHS from implementing the rule until it considers public comments and issues a final rule.
Friedman is the judge handling the CNMI government's lawsuit against federalization.
As a result of the judge's ruling, DHS has not implemented the transitional worker rule and USCIS has not accepted any petitions for a CNMI transitional worker, or CW-1, Nonimmigrant, Form I-129CW, until further notice.
The injunction did not affect any aspect of the CNRA's application of federal immigration laws other than the transitional worker nonimmigrant category. U.S. Customs and Border Protection took over immigration processing at airports on Nov. 28.
In his ruling, Friedman said DHS had no reasonable basis for publishing the interim rule without giving the CNMI and other stakeholders time to comment, as required under the Administrative Procedures Act.
To help alien workers leave and re-enter the CNMI or for employers to hire needed off-island workers, Friedman suggested that DHS promulgate a narrowly focused and temporary emergency regulation that addresses these issues.
DHS's USCIS decided instead to reopen and extend by 30 days the comment period.
Quick link
Janna M. Evans, USCIS regional lead for community outreach, reminded the public yesterday about the DHS website's quick link for the CNMI page, www.uscis.gov/cnmi.
Evans called on stakeholders to circulate the quick link to their coworkers, clients, friends, family and constituencies.
“It is the central repository for everything USCIS is doing to implement the CNRA in CNMI and we will continue to post useful information on this site. I am currently working to have our PowerPoint training materials posted there,” she said.
Thursday, December 10, 2009
USCIS seeks new comments on transitional worker rules
By Haidee V. Eugenio
Reporter
The U.S. Citizenship and Immigration Services has reopened the comment period for the interim final rule on the CNMI Transitional Worker Classification, giving a bit of reprieve to a community still grappling with changes brought by the federal takeover of CNMI immigration since Nov. 28.
The additional 30-day comment period will close on Jan. 7, 2010.
USCIS is one of the component agencies of the U.S. Department of Homeland Security, the lead agency implementing Public Law 110-229 or the federalization law.
The rule will be re-published in the Dec. 10 Federal Register.
“To provide the public and the CNMI with optimum opportunity to comment on the proposed transitional worker classification provisions, USCIS is reopening the comment period for an additional 30 days. USCIS will consider comments received during the entire public comment period in its development of the final rule,” USCIS said yesterday.
Some 100 comments, mostly from foreign workers in the CNMI, were received during the initial 30-day comment period.
Easy conversion mechanism
Steve Woodruff, who has been representing hundreds of nonresident workers in the CNMI, said yesterday that reopening the comment period is “the best way to satisfy the Administrative Procedures Act requirements, to give people enough time to comment on the regulations, before coming up with the final rule.”
Woodruff, a former Senate legal counsel, said his comment will focus more on technical aspects of the rule.
“DHS had said it prefers very specific comments,” he said.
But Woodruff said DHS should have a mechanism that allows for “easy conversion” of existing CNMI nonresident workers to CW-1 status.
“They should be able to obtain that new status just by presenting their CNMI permit,” he said, adding that DHS has taken other right steps, including providing parole and advance parole options.
Transitional worker
DHS is establishing a Transitional Worker Visa category, a new nonimmigrant visa classification under the Immigration and Nationality Act using the admission code CW-1 for the principal transitional worker and CW-2 for dependents. “CW” stands for “Commonwealth transitional worker.”
A “transitional worker” is defined as an alien worker who is currently ineligible for another classification under Immigration and Nationality Act and who performs services or labor for an employer in the CNMI.
The CNMI-Only Transitional Worker Program will be available to two groups of nonresidents: those who are lawfully present in the CNMI and those who are abroad.
Under the CNMI-Only Transitional Worker program, employers may file a petition for a transitional worker with USCIS using Form I-129CW, Petition for a Nonimmigrant Worker in the CNMI.
The Form I-29CW is a modified form of the Form I-29, but it is specifically used for the Commonwealth-only Transitional Worker program.
The fee for Form I-129CW would be $320, the same amount charged for the I-129, and an $80 biometrics fee.
In addition, the Consolidated Natural Resources Act mandates a “CNMI education funding fee” of $150 per beneficiary per year, which cannot be waived.
Helpful
Jim Arenovski, president of the Saipan Chamber of Commerce, said although it does not look like DHS is changing anything in the rules at this point, providing additional time to get more input is “helpful.”
“However, we will need to check and verify that nothing has been changed. If nothing is changed, I would not see any reason for the Chamber to make additional comments,” he said.
Arenovski, who is also president of Delta Management Corp.-Saipan, was among those who submitted comments on the interim final rule.
In his seven-page comment as Chamber president, Arenovski offered an alternative solution to structure the mandated reduction in CNMI-only transitional workers: the creation of a “federally-administered CNMI-only H-2 visa program exempt from the numerical limitations applied in the United States.”
He said this solution would be “effective and efficient.” He said such a program would be otherwise largely identical to the existing federal H-2 visa program, but would “not” allow exit from the CNMI to Guam or other areas of the United States.
When asked for comment yesterday, Arenovski said he welcomes the reopening of the public comment period.
“It is welcomed because the more input DHS has about how these rules negatively (or the remote positive comment) affect individuals and businesses, the more they should push the regulations toward the intent of the law, which is not to harm the economy of the NMI. We hope more comments will help DHS see the need for a flexible program that meets their security needs and allows us the workforce (including long term access to foreign labor) to grow our economy,” he said.
Improved status
Ronnie Doca, board chair of the United Workers Movement-NMI, said the additional comment period will also give DHS more time to consider their request of giving improved status, like “green cards,” to long-time nonresident workers in the CNMI.
Doca, who is also the board chair of the Pilipino Contract Workers Association, said they will continue encouraging workers to submit comments to DHS.
“We may go from house to house for written comments,” he said.
Workers' groups, along with Florida-based human rights advocate Wendy Doromal, have been circulating a signature drive petitioning President Obama, the U.S. Congress and other federal agencies to grant “green cards” to long-term foreign workers in the CNMI.
Many of the comments submitted to DHS' interim final rule were from foreign workers and their U.S. citizen children.
Preliminary injunction
The interim final rule was initially published on Oct. 27 and intended to become effective on Nov. 27.
However, on Nov. 25, U.S. District Court for the District of Columbia Judge Paul L. Friedman issued a preliminary injunction to prevent DHS from implementing the rule until it considers public comments and issues a final rule.
Friedman is the judge handling the CNMI government's lawsuit against federalization.
As a result of the judge's ruling, DHS has not implemented the transitional worker rule and USCIS has not accepted any petitions for a CNMI transitional worker, or CW-1, Nonimmigrant, Form I-129CW, until further notice.
The injunction did not affect any aspect of the CNRA's application of federal immigration laws other than the transitional worker nonimmigrant category. U.S. Customs and Border Protection took over immigration processing at airports on Nov. 28.
In his ruling, Friedman said DHS had no reasonable basis for publishing the interim rule without giving the CNMI and other stakeholders time to comment, as required under the Administrative Procedures Act.
To help alien workers leave and re-enter the CNMI or for employers to hire needed off-island workers, Friedman suggested that DHS promulgate a narrowly focused and temporary emergency regulation that addresses these issues.
DHS's USCIS decided instead to reopen and extend by 30 days the comment period.
Quick link
Janna M. Evans, USCIS regional lead for community outreach, reminded the public yesterday about the DHS website's quick link for the CNMI page, www.uscis.gov/cnmi.
Evans called on stakeholders to circulate the quick link to their coworkers, clients, friends, family and constituencies.
“It is the central repository for everything USCIS is doing to implement the CNRA in CNMI and we will continue to post useful information on this site. I am currently working to have our PowerPoint training materials posted there,” she said.
Sunday, December 6, 2009
DHS to re-publish transitional worker program regs
Monday, 07 December 2009 00:00 By Gemma Q. Casas - Reporter
E-mail Print
THE U.S. Department of Homeland Security plans to re-run sometime next year in the Federal Register the regulations for the transitional worker program to comply with the technical rules of the U.S. Administrative Procedures Act and to meet CNMI employers’ need to keep foreign workers who may not be eligible for currently available U.S.-based employment programs.
The interim final regulations for the transitional worker program that would have created the Commonwealth Worker or CW-1 status for a select group of foreign workers in the CNMI remain suspended and so do the regulations for the E-2 foreign investors.
The suspension came about after U.S. District Court for the District of Columbia Federal Judge Paul Friedman ruled in favor of the CNMI’s motion for an emergency injunctive relief against the questioned regulations on grounds that they failed to comply with the U.S. APA that mandates a sufficient public comments period before they are adopted.
The regulations would have taken effect on Nov. 28, 2009, the date when the U.S. Immigration and Nationality Act was applied to the CNMI.
David Gulick, regional area director of the U.S. Citizenship and Immigration Services, an agency under the U.S. Department of Homeland Security, said their department plans to republish in the Federal Register the regulations.
“Sometime in next year, we really can’t say when but hopefully before Nov. 2011,” he said.
He said the program should meet the need of hotels and other local employers to employ housekeepers or cleaners and other categories of foreign workers who may not meet the professional qualifications set-forth in other U.S.-based employment programs such as the H-visas or L-visas.
The transition phase to transfer foreign workers to any U.S.-based employment programs where they may be deemed eligible begins on Nov. 28 and will end on Dec. 31, 2014.
Majority of foreign workers in the CNMI have locally issued labor permits valid through Nov. 27, 2011 only.
Monday, 07 December 2009 00:00 By Gemma Q. Casas - Reporter
E-mail Print
THE U.S. Department of Homeland Security plans to re-run sometime next year in the Federal Register the regulations for the transitional worker program to comply with the technical rules of the U.S. Administrative Procedures Act and to meet CNMI employers’ need to keep foreign workers who may not be eligible for currently available U.S.-based employment programs.
The interim final regulations for the transitional worker program that would have created the Commonwealth Worker or CW-1 status for a select group of foreign workers in the CNMI remain suspended and so do the regulations for the E-2 foreign investors.
The suspension came about after U.S. District Court for the District of Columbia Federal Judge Paul Friedman ruled in favor of the CNMI’s motion for an emergency injunctive relief against the questioned regulations on grounds that they failed to comply with the U.S. APA that mandates a sufficient public comments period before they are adopted.
The regulations would have taken effect on Nov. 28, 2009, the date when the U.S. Immigration and Nationality Act was applied to the CNMI.
David Gulick, regional area director of the U.S. Citizenship and Immigration Services, an agency under the U.S. Department of Homeland Security, said their department plans to republish in the Federal Register the regulations.
“Sometime in next year, we really can’t say when but hopefully before Nov. 2011,” he said.
He said the program should meet the need of hotels and other local employers to employ housekeepers or cleaners and other categories of foreign workers who may not meet the professional qualifications set-forth in other U.S.-based employment programs such as the H-visas or L-visas.
The transition phase to transfer foreign workers to any U.S.-based employment programs where they may be deemed eligible begins on Nov. 28 and will end on Dec. 31, 2014.
Majority of foreign workers in the CNMI have locally issued labor permits valid through Nov. 27, 2011 only.
Local
Monday, December 07, 2009
US Labor works on prevailing wage determinations in CNMI
By Haidee V. Eugenio
Reporter
The U.S. Department of Labor is now providing guidance for prevailing wage determinations for use in the CNMI effective Nov. 28, the date when the U.S. federal government took over CNMI immigration.
But the USDOL notice was published a few days after federalization, in the Dec. 4 Federal Register.
The prevailing wage is different from, and is generally higher than, the minimum wage.
In the CNMI, the current minimum wage is $4.55 an hour, and will increase by 50 cents every year until it reaches the federal wage floor of $7.25 an hour.
USDOL's Employment and Training Administration, in a notice, said it is now “providing guidance about the implementation of the issuance of prevailing wage determinations for applications in the CNMI.”
The USDOL notice can be accessed at http://edocket.access.gpo.gov/2009/pdf/E9-28963.pdf.
It said the CNMI Department of Labor, as of Nov. 28, would normally be charged with the issuance of prevailing wage determinations under the various regulations governing such determinations.
“Since there is very little time between Nov. 28, 2009, and Jan. 1, 2010, the Department has determined it is more feasible for the Department to receive such requests directly rather than have the CNMI receive and process such requests,” USDOL said.
All requests for a prevailing wage determination for a job opportunity in the CNMI made in connection with a potential filing in a labor certification program must be made in the manner described in USDOL's filing procedures.
David Gulick, district director of the U.S. Citizenship and Immigration Services, said last week that USDOL intended to publish its notice on the prevailing wage determination on Friday (Washington, D.C. time), which was Saturday in the CNMI.
Officials from USCIS and other component agencies of the Department of Homeland Security had said that questions about prevailing wage rates must be addressed to USDOL.
DHS officials are currently on island to help educate CNMI residents about U.S. immigration law and regulations, and oversee the federalization of CNMI immigration.
Prevailing wage is defined as the hourly wage, usual benefits and overtime, paid in the largest city in each county, to the majority of workers, laborers, and mechanics.
USDOL said the minimum monetary wages and fringe benefits to be paid are established based on what is prevailing in the locality.
A rate is determined to prevail where a single rate is paid to a majority (50 percent or more) of the workers in the same class in a particular locality.
If a single rate is not paid to the majority of workers in a locality, statistical measurements such as the median (a point in a distribution where 50 percent of the surveyed workers receive that or a higher rate and 50 percent receive a lesser rate) or the mean (average) are used to establish prevailing wage rates.
For example, in Guam, which is only about 120 miles away from the CNMI capital of Saipan, the prevailing wage rate for an accountant is $12.46 an hour or $25,917 a year to $22.70 an hour or $47,216 a year, based on data from USDOL's website.
In other U.S. states and cities, an accountant is paid more. In San Francisco, California, for example, the prevailing wage rate for an accountant is from $24.23 an hour or $50,398 a year to $44.41 an hour or $92,373 a year.
The USDOL's notice involving prevailing wage determinations in the CNMI accompanied a notice that, as of Jan. 1, 2010, the department's Office of Foreign Labor Certification (OFLC) National Prevailing Wage and Helpdesk Center (NPWHC) in Washington, D.C., will receive and process prevailing wage determination requests for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs.
Filing procedures
The USDOL said requestors must submit prevailing wage determination requests using the Application for Prevailing Wage Determination, Form ETA-9141.
This request must be sent to the NPWHC by U.S. Mail or comparable physical delivery service at the following address: U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center, Attn: PWD Request; 1341 G Street, NW., Suite 201, Washington, DC 20005-3142.
On and after Nov. 28, 2009, for the CNMI and on and after Jan. 1, 2010, the NPWHC will only process prevailing wage determination requests received by mail in hard copy.
“The Department is in the process of developing an electronic means for the submission of PWD requests and will publish a notice in the Federal Register informing the public when such a process becomes available,” USDOL said.
Monday, December 07, 2009
US Labor works on prevailing wage determinations in CNMI
By Haidee V. Eugenio
Reporter
The U.S. Department of Labor is now providing guidance for prevailing wage determinations for use in the CNMI effective Nov. 28, the date when the U.S. federal government took over CNMI immigration.
But the USDOL notice was published a few days after federalization, in the Dec. 4 Federal Register.
The prevailing wage is different from, and is generally higher than, the minimum wage.
In the CNMI, the current minimum wage is $4.55 an hour, and will increase by 50 cents every year until it reaches the federal wage floor of $7.25 an hour.
USDOL's Employment and Training Administration, in a notice, said it is now “providing guidance about the implementation of the issuance of prevailing wage determinations for applications in the CNMI.”
The USDOL notice can be accessed at http://edocket.access.gpo.gov/2009/pdf/E9-28963.pdf.
It said the CNMI Department of Labor, as of Nov. 28, would normally be charged with the issuance of prevailing wage determinations under the various regulations governing such determinations.
“Since there is very little time between Nov. 28, 2009, and Jan. 1, 2010, the Department has determined it is more feasible for the Department to receive such requests directly rather than have the CNMI receive and process such requests,” USDOL said.
All requests for a prevailing wage determination for a job opportunity in the CNMI made in connection with a potential filing in a labor certification program must be made in the manner described in USDOL's filing procedures.
David Gulick, district director of the U.S. Citizenship and Immigration Services, said last week that USDOL intended to publish its notice on the prevailing wage determination on Friday (Washington, D.C. time), which was Saturday in the CNMI.
Officials from USCIS and other component agencies of the Department of Homeland Security had said that questions about prevailing wage rates must be addressed to USDOL.
DHS officials are currently on island to help educate CNMI residents about U.S. immigration law and regulations, and oversee the federalization of CNMI immigration.
Prevailing wage is defined as the hourly wage, usual benefits and overtime, paid in the largest city in each county, to the majority of workers, laborers, and mechanics.
USDOL said the minimum monetary wages and fringe benefits to be paid are established based on what is prevailing in the locality.
A rate is determined to prevail where a single rate is paid to a majority (50 percent or more) of the workers in the same class in a particular locality.
If a single rate is not paid to the majority of workers in a locality, statistical measurements such as the median (a point in a distribution where 50 percent of the surveyed workers receive that or a higher rate and 50 percent receive a lesser rate) or the mean (average) are used to establish prevailing wage rates.
For example, in Guam, which is only about 120 miles away from the CNMI capital of Saipan, the prevailing wage rate for an accountant is $12.46 an hour or $25,917 a year to $22.70 an hour or $47,216 a year, based on data from USDOL's website.
In other U.S. states and cities, an accountant is paid more. In San Francisco, California, for example, the prevailing wage rate for an accountant is from $24.23 an hour or $50,398 a year to $44.41 an hour or $92,373 a year.
The USDOL's notice involving prevailing wage determinations in the CNMI accompanied a notice that, as of Jan. 1, 2010, the department's Office of Foreign Labor Certification (OFLC) National Prevailing Wage and Helpdesk Center (NPWHC) in Washington, D.C., will receive and process prevailing wage determination requests for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs.
Filing procedures
The USDOL said requestors must submit prevailing wage determination requests using the Application for Prevailing Wage Determination, Form ETA-9141.
This request must be sent to the NPWHC by U.S. Mail or comparable physical delivery service at the following address: U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center, Attn: PWD Request; 1341 G Street, NW., Suite 201, Washington, DC 20005-3142.
On and after Nov. 28, 2009, for the CNMI and on and after Jan. 1, 2010, the NPWHC will only process prevailing wage determination requests received by mail in hard copy.
“The Department is in the process of developing an electronic means for the submission of PWD requests and will publish a notice in the Federal Register informing the public when such a process becomes available,” USDOL said.
Local
Saturday, December 05, 2009
'Labor will assist overstayers who want to claim repatriation tickets'
By Ferdie de la Torre
Reporter
The Department of Labor will help overstaying alien workers who want to claim their repatriation tickets and voluntarily return to their countries, according to acting Labor Secretary Cinta Kaipat.
“Anyone who entered the Commonwealth as a 240K foreign worker is entitled to claim a repatriation ticket from his or her last employer of record,” Kaipat told Saipan Tribune yesterday.
She explained that a voluntary return means that the overstayer has a chance of re-entering the United States at some future time.
Kaipat also emphasized that deporting overstayers is now a federal function when the federalization law took effect on Nov. 28.
She said the U.S. Immigration and Customs Enforcement will deal with all deportations, according to federal laws and regulations.
“A deportation means that the overstayer will never be allowed to enter the United States in the future,” Kaipat added.
Attorney General Edward Buckingham recently issued a public notice granting conditional “umbrella permits” to 628 aliens who have been classified as overstayers.
Buckingham later backed off from this position when Kaipat objected, saying Labor was not consulted with the granting of conditional “umbrella permits” to overstayers.
Buckingham and Kaipat later issued a joint statement, saying that the Office of the Attorney General and Labor would not issue “umbrella permits” to overstayers as such is not an amnesty program.
Kaipat clarified that Labor never issued any “conditional umbrella permits” and that no “umbrella permits” were issued after the Nov. 27, 2009, deadline.
Saturday, December 05, 2009
'Labor will assist overstayers who want to claim repatriation tickets'
By Ferdie de la Torre
Reporter
The Department of Labor will help overstaying alien workers who want to claim their repatriation tickets and voluntarily return to their countries, according to acting Labor Secretary Cinta Kaipat.
“Anyone who entered the Commonwealth as a 240K foreign worker is entitled to claim a repatriation ticket from his or her last employer of record,” Kaipat told Saipan Tribune yesterday.
She explained that a voluntary return means that the overstayer has a chance of re-entering the United States at some future time.
Kaipat also emphasized that deporting overstayers is now a federal function when the federalization law took effect on Nov. 28.
She said the U.S. Immigration and Customs Enforcement will deal with all deportations, according to federal laws and regulations.
“A deportation means that the overstayer will never be allowed to enter the United States in the future,” Kaipat added.
Attorney General Edward Buckingham recently issued a public notice granting conditional “umbrella permits” to 628 aliens who have been classified as overstayers.
Buckingham later backed off from this position when Kaipat objected, saying Labor was not consulted with the granting of conditional “umbrella permits” to overstayers.
Buckingham and Kaipat later issued a joint statement, saying that the Office of the Attorney General and Labor would not issue “umbrella permits” to overstayers as such is not an amnesty program.
Kaipat clarified that Labor never issued any “conditional umbrella permits” and that no “umbrella permits” were issued after the Nov. 27, 2009, deadline.
Local
Friday, December 04, 2009
Labor never issued 'conditional umbrella permits'
By Ferdie de la Torre
Reporter
The Department of Labor never issued any “conditional umbrella permits” and that no “umbrella permits” were issued after the Nov. 27, 2009, deadline, according to acting Labor Secretary Cinta Kaipat yesterday.
Kaipat also disclosed to Saipan Tribune that their current estimate is that more than 96 percent of eligible workers picked up their “umbrella permits.”
On the “conditional umbrella permits” issue, the acting Labor Secretary said they never issued such permits and that the announcement in the newspapers about the permits was only from Attorney General Edward Buckingham.
After the publication of that announcement, Kaipat said she and Buckingham issued a joint statement to clarify the situation.
“That statement is the current position of both agencies,” she stressed.
In the joint statement, the Office of the Attorney General and Labor stated they would not issue “umbrella permits” to overstayers as the permits are not part of an amnesty program.
Buckingham earlier issued a public notice granting conditional “umbrella permits” to 628 aliens who have been classified as overstayers.
Kaipat said yesterday that Labor is not issuing “umbrella permits” anymore as the deadline was midnight of Nov. 27, 2009, which was set by federal law.
Kaipat said Labor issued “umbrella permits” to every person who applied with Labor who was eligible either under Labor's normal processes or under the Governor's Protocol.
“We finished issuing the last permit at about 5:15pm on Friday, Nov. 27. We were always confident that we could finish the permit-issuing process within the available time, and we did that. I'm very proud of the way the Labor Department staff performed this very large and important task,” she said.
Kaipat said those who did not pick up their permits have already left the CNMI or are planning to leave soon and therefore did not need such permits.
“We will have more precise numbers when we reconcile all the digital records,” she added.
Labor started issuing “umbrella permits” last Oct. 26.
Friday, December 04, 2009
Labor never issued 'conditional umbrella permits'
By Ferdie de la Torre
Reporter
The Department of Labor never issued any “conditional umbrella permits” and that no “umbrella permits” were issued after the Nov. 27, 2009, deadline, according to acting Labor Secretary Cinta Kaipat yesterday.
Kaipat also disclosed to Saipan Tribune that their current estimate is that more than 96 percent of eligible workers picked up their “umbrella permits.”
On the “conditional umbrella permits” issue, the acting Labor Secretary said they never issued such permits and that the announcement in the newspapers about the permits was only from Attorney General Edward Buckingham.
After the publication of that announcement, Kaipat said she and Buckingham issued a joint statement to clarify the situation.
“That statement is the current position of both agencies,” she stressed.
In the joint statement, the Office of the Attorney General and Labor stated they would not issue “umbrella permits” to overstayers as the permits are not part of an amnesty program.
Buckingham earlier issued a public notice granting conditional “umbrella permits” to 628 aliens who have been classified as overstayers.
Kaipat said yesterday that Labor is not issuing “umbrella permits” anymore as the deadline was midnight of Nov. 27, 2009, which was set by federal law.
Kaipat said Labor issued “umbrella permits” to every person who applied with Labor who was eligible either under Labor's normal processes or under the Governor's Protocol.
“We finished issuing the last permit at about 5:15pm on Friday, Nov. 27. We were always confident that we could finish the permit-issuing process within the available time, and we did that. I'm very proud of the way the Labor Department staff performed this very large and important task,” she said.
Kaipat said those who did not pick up their permits have already left the CNMI or are planning to leave soon and therefore did not need such permits.
“We will have more precise numbers when we reconcile all the digital records,” she added.
Labor started issuing “umbrella permits” last Oct. 26.
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