DHS to Issue One Other NMI Federalization Rule in March

Local
Thursday, December 23, 2010

DHS to issue one other NMI federalization rule in March

By Haidee V. Eugenio
Reporter

Besides a March 2011 self-imposed deadline to release the long-awaited CNMI-only transitional worker rule, the U.S. Department of Homeland Security also intends to issue during that period the final rule on the application of federal immigration regulations to the CNMI.

This pertains to the DHS and U.S. Department of Justice's implementation of conforming amendments to their own regulations to comply with Public Law 110-229, which federalized CNMI immigration on Nov. 28, 2009.

The final rule amends the regulations governing asylum and references to the geographical “United States” and its territories and possessions, among other things.

It also amends the rules governing alien classifications authorized for employment, documentation acceptable for employment eligibility verification, employment of unauthorized aliens, and adjustment of status of immediate relatives admitted under the Guam-CNMI Visa Waiver Program.

DHS' previous self-imposed deadlines on the release of the final E-2 CNMI-investor rule in July 2010 and the CNMI-only transitional worker rule in September 2010 were not met.

DHS just issued the final investor rule this month, and the final worker rule is set to be released six months after the first deadline.

Gov. Benigno R. Fitial said he would like to ask Homeland Security Secretary Janet Napolitano early next year to allow the CNMI to continue implementing its labor and immigration laws absent the implementation of federal statutes or rules.

'Premium processing suspension'

At the same time, DHS' U.S. Citizenship and Immigration Services suspended the “premium” or expedited processing for petitioners filing a Form I-129 on behalf of a CNMI nonimmigrant worker “requesting a change of status or initial grant of status.”

The Form I-129 is for employers who petition for an alien to come to the U.S. temporarily to perform services or labor, or to receive training, as an H-1B, H-1C, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 or R-1 nonimmigrant worker, USCIS said in its website.

Employers may also use this form to request an extension of stay or change of status for an alien as an E-1, E-2, or TN nonimmigrant.

“USCIS is suspending premium processing for change of status or initial grant of status in the [CNMI] until we can reasonably ensure that we can complete processing within 15 calendar days,” USCIS said in a statement.

Premium processing service provides faster processing for certain employment-based petitions and applications.

Specifically, USCIS guarantees15 calendar day processing to those petitioners or applicants who choose to use this service, or USCIS will refund the premium processing service fee.

USCIS said the suspension of premium processing only affects petitions requesting change of status or initial grant of status.

“USCIS will continue to provide premium processing services for Form I-129, Petition for a Nonimmigrant Worker, petitions for workers in the CNMI who request a consulate or embassy be notified of an approved petition; an extension of status; or an amendment to his or her status,” the federal agency said.

Information about premium processing service, including who may request this service, is available on the USCIS website at www.uscis.gov or by calling the USCIS National Customer Service Center toll free at (800) 375-5283.

The public is encouraged to continue checking the CNMI web page at www.uscis.gov/cnmi for announcements and updated information.

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Aliens Can Change Status W/O Leaving CNMI

Local
Monday, December 20, 2010

Aliens can change status without leaving CNMI

By Haidee V. Eugenio
Reporter

The U.S. Citizenship and Immigration Services issued on Tuesday a policy memorandum allowing aliens to obtain a non-immigrant status in the CNMI without having to leave the islands.

The policy memorandum takes effect immediately.

David Gulick, district director of USCIS Honolulu District 26, said the grant of status policy memo would affect mostly those who are seeking R status, along with H1B, H2B, and H3 status. R-1 is for temporary religious workers, while R-2 is for the spouse/children of an R-1.

“These are the main groups that should be taking advantage of that policy. That will save people some trips; they don't need to travel outside to get their status,” Gulick said at a news briefing on Saturday about the policy memo.

In most cases, an individual in the U.S. without a non-immigrant status needs to leave the country in order to obtain a non-immigrant classification.

But the USCIS has made exceptions for individuals in the CNMI with CNMI permits or parole authorization.

“If you are a CNMI worker with a valid CNMI work permit or parole status, immigration officials may consider you lawfully present in the CNMI for the purposes of obtaining a grant of initial grant of status,” the USCIS said.

The USCIS is one of the component agencies of the U.S. Department of Homeland Security which is the lead agency overseeing the federal takeover of CNMI immigration.

Those who are eligible for an initial grant of status are those who are lawfully present in the CNMI, were present in the CNMI before Nov. 28, 2009, do not currently hold a non-immigrant classification, and are admissible.

The policy memo applies to and binds all USCIS employees who adjudicate petitions and applications for non-immigrant status.

It adds Chapter 36.4 to the Adjudicator's Field Manual, “Waivers of Inadmissibility and Grants of Status for Certain Aliens Seeking Nonimmigrant Status in the Commonwealth of the Northern Mariana Islands.”

USCIS said allowing for the grant of nonimmigrant status to eligible aliens who are physically present in the CNMI will help encourage these aliens and their employers to seek an appropriate, federal immigration status for themselves and their employees.

“This (policy memo) is consistent with congressional intent to promote as rapid and smooth a transition as possible from former CNMI statuses to federally based statuses,” the federal agency added.

More information is available at http://www.uscis.gov/USCIS/Laws/Memoranda/2010/December/cnmi-status.pdf.

DHS Issues Final Investor Rule for CNMI

Local
Monday, December 20, 2010

DHS issues final investor rule for CNMI
2-year status covers those with $50,000 minimum investment
By Haidee V. Eugenio
Reporter

The U.S. Department of Homeland Security issued the long-awaited final E-2 CNMI-only investor rule which, among other things, allows eligible foreign long-term investors with a minimum of $50,000 instead of $150,000 in investments to remain in the CNMI through Dec. 31, 2014.

Eligible investors can start applying for this status on Jan. 18, 2011.

DHS' U.S. Citizenship and Immigration Services said petitions received prior to Jan. 18, 2011 will be rejected.

The E2 CNMI investor visa is valid for two years, is renewable, and is valid only in the CNMI.

The investor's spouse and children may also apply for a status as dependents of the investor.

DHS issued the final investor rule almost 15 months after U.S. Public Law 110-229, which placed CNMI immigration under federal control, required them to publish it.

By the end of the federalization transition period on Dec. 31, 2014, these investors are required to obtain another U.S. immigrant or nonimmigrant visa classification.

The E-2 CNMI investor rule will be published in the Federal Register on Dec. 20 in Washington, D.C. or Tuesday, Saipan time.

It is now available for review at http://www.ofr.gov/OFRUpload/OFRData/2010-31652_PI.pdf.

Those eligible to apply for the E-2 CNMI investor status include long-term business investors, foreign investors, and retiree foreign investors.

Major change

David Gulick, district director of USCIS Honolulu District 26, said the reduction in investment for eligibility to apply for an investor status is the “major change” in the proposed rule.

He said DHS made a great deal in considering the 13 comments received.

“What I personally hope people would realize is that if you read the comment section, that peoples' comments were seriously considered. In fact, there was one change in the rule, the $50,000 from $150,000. We do take comments seriously,” Gulick said at a news conference on Saturday afternoon.

Gulick also briefed some stakeholders in the CNMI community about the final rule, which provides the procedures to obtain status as an E-2 CNMI investor.

Were it not for this modification in the proposed rule, most of the estimated 500 long-term foreign investors in the CNMI would not qualify to apply for this status because their minimum investments do not meet the $150,000 proposed threshold.

This goes along with DHS' goal and U.S. Congress' intent of minimizing the potential adverse economic impact of P.L. 110-229 or the Consolidated Natural Resources Act which was signed in May 2008 but took effect on Nov. 28, 2009, with a transition period ending Dec. 31, 2014.

The final rule also clarifies the authority and process by which applicants in the CNMI can be granted E-2 CNMI investor status in the CNMI without having to travel abroad to obtain a nonimmigrant visa.

No worker rules yet

During the news briefing, Gulick said the transitional worker regulations are still being developed.

He said there's no telling when those will be published, along with the final rule on the tourist visa waiver program.

Delegate Gregorio Kilili C. Sablan, for his part, said while DHS has made progress by issuing the investor regulation, he continues to stress to DHS officials that all regulations implementing P.L. 110-229 “must be issued, particularly the CNMI-only Transition Worker Classification.”

“The delays continue to cause harm to our struggling economy and are contrary to the intent of the law,” he said.

Other stakeholders have yet to fully review the investor rule, and have deferred comment at this time.

If you need more information

Gulick said he will be on Saipan until Wednesday, Dec. 22, and will make himself available to investors who have questions about the E-2 CNMI investor rule.

He said investors can walk in and see him if he's at the Saipan Application Support Center at the TSL Plaza in Garapan between today and Wednesday.

After Wednesday, investors need to make Infopass appointments to ask questions about the investor rule.

Gulick said he will be visiting the Japanese Consulate on the investor rule, and will also make himself available for presentations to representatives of the Korean business community, the Chinese business community, the Saipan Chamber of Commerce, and other stakeholders in the CNMI.

In the second to fourth week of January 2011, USCIS will send a team of experts to the CNMI to make presentations and answer specific questions about the investor rule.

“Included in that team will be representatives of the California Service Center, which will be the one handling these petitions. They will be able to meet with all you guys to go over the regulation, they will have power point presentation, they will be able to answer questions in depth,” Gulick said.

He said the holiday break will give investors and other stakeholders a chance to go over the investor rule and formulate specific questions they may have, in time for the visit of the USCIS representatives from California.

Fees, qualification

The current processing fee for Form I-129 is $325, plus an $85 biometrics fee for certain beneficiaries who require an initial grant of status in the CNMI.

Fee waivers for inability to pay are available.

To qualify for E-2 CNMI investor status, the applicant must:

Have been admitted to the CNMI with a long-term investor visa under CNMI immigration law before Nov. 28, 2009;

Have continuously maintained residence in the CNMI under long-term investor status;

Currently maintain the investment(s) that formed the basis for the CNMI long-term investor status; and

Otherwise be admissible to the United States under the U.S. Immigration and Nationality Act.

Investors who were admitted to the CNMI in long-term investor status under CNMI immigration law qualify to apply for an E-2 CNMI investor status.

They include long-term business investors that the CNMI issued a long-term business certificate based upon an investment of at least $50,000.

They also include those with a foreign investment certificate issued by the CNMI based upon an investment of at least $100,000 in an aggregate approved investment in excess of $2 million or at least $250,000 in a single approved investment.

Investors eligible also include retiree investors over the age of 55 years who were issued a foreign retiree investment certificate based upon a qualifying investment in an approved residence in the CNMI, but not including the two-year non-renewable retiree investor program limited to Japanese nationals.

Q&A: E-2 CNMI Non-Immigrant Investor Status

Q&A: E-2 CNMI Nonimmigrant Investor Status
Monday, December 20, 2010 12:00AM
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(USCIS) — U.S. Citizenship and Immigration Services posted a final rule in the Federal Register that creates a nonimmigrant investor visa classification in the CNMI.

The “E-2 CNMI Investor Visa” allows foreign long-term investors to reside in the CNMI through December 2014 and is intended to help with the transition to U.S. immigration law in the CNMI.

This final rule implements one of the CNMI-specific provisions of the Consolidated Natural Resources Act of 2008, which extends the immigration laws of the United States to the CNMI.

Background

The Consolidated Natural Resources Act of 2008, Public Law 110-229 was signed into law on May 8, 2008. Title VII of this law extends the immigration laws of the United States to the CNMI. One provision of the CNRA authorizes the Secretary of Homeland Security to classify, during the transition period, an foreign investor in the CNMI as an E-2 nonimmigrant investor. This transition period formally began on Nov. 28, 2009 and is set to end on Dec. 31, 2014. Accordingly, USCIS’s rule allows foreign long-term investors to reside in the CNMI through December 2014 in CNMI E-2 nonimmigrant investor status. This rule temporarily resolves the immigration status of long-term investors in the CNMI and provides them time in which to obtain another lawful immigration status under the provisions of the Immigration and Nationality Act. As with other immigration benefits, individuals must apply for E-2 CNMI Investor status.

Q1. Why did USCIS create this rule?

A1. As required by the CNRA, this final rule enables long-term foreign investors in the CNMI to apply for status as CNMI-only E-2 nonimmigrant investors. USCIS created this transitional regulatory provision because of the unique nature of CNMI investors who are not otherwise immediately eligible to obtain U.S. immigrant or nonimmigrant visa classifications.

Q2. What is the CNMI-only E-2 nonimmigrant investor status?

A2. The rule establishes a transitional status that does not exist anywhere else in the United States to temporarily resolve the immigration status of long-term investors in the CNMI by allowing foreign long-term investors to obtain status to reside in the CNMI through December 2014.

Q3. Why is this category temporary?

A3. The CNRA only provided for this status during the transition period. The E-2 CNMI Investor status is intended to help with the transition to U.S. immigration law in the CNMI. These investors are required to obtain another U.S. immigrant or nonimmigrant visa classifications by the end of the transition period, or Dec. 31, 2014.

Q4. What forms of work authorization are investors currently using in the CNMI?

A4. Since the transition period began on Nov. 28, 2009, most investors are continuing to work under CNMI-issued “umbrella permits” or other CNMI work authorization permits issued prior to that date. These permits are valid until Nov. 27, 2011, or their date of expiration, whichever is sooner.



Q5. What are the existing foreign investor requirements under the INA?

A5. Under U.S. immigration law, foreign investors may enter the United States as nonimmigrants within the treaty investor classification with an E-2 visa or may change to E-2 treaty investor nonimmigrant status from within the United States.

To qualify for E-2 treaty investor status, treaty investors must:

• Invest a substantial amount of capital in a bona fide enterprise in the United States;

• Seek entry solely to develop and direct the enterprise;

• Enter the United States according to treaty provisions;

• Be nationals of a country with which the United States has a treaty of friendship, commerce, or navigation; and

• Intend to depart the United States when their treaty investor status ends.

Q6. What happens at the end of the transition period?

A6. At the end of 2014, the transition period will expire and the E-2 CNMI investor status and visa will expire. Therefore, individuals in the CNMI with E-2 CNMI status must depart the CNMI at the end of the transition period or qualify for and obtain another nonimmigrant or immigrant status in order to lawfully remain in the CNMI.

Q7. When does the transition period end?

A7. The transition program will last through Dec. 31, 2014.

Q8. Will any extensions of the transition period, as determined by the Secretary of Labor, affect eligibility for the CNMI-only investor visas?

A8. No. The CNMI-only investor status ends at the end of the transition period. Any extension by the Secretary of Labor will apply only to the CNMI transitional worker category. As mandated by the CNRA, the investor provisions will terminate on Dec. 31, 2014, regardless of whether an extension to the transitional worker provision occurs.

Q9. What nonimmigrant or immigrant statuses can investors in the CNMI apply for?

A9. That will depend upon individual circumstances. Investors who obtain the E-2 CNMI nonimmigrant investor status have until the end of 2014 to adjust or change their status. (Similarly, investors in the CNMI may apply for a nonimmigrant or immigrant status for which they qualify without first obtaining the E-2 CNMI investor status, however, they may not adjust status to a business based immigrant status without first obtaining an INA based nonimmigrant status.) Some examples of nonimmigrant or immigrant status that an E-2 CNMI Investor may be eligible are:

• To qualifying for an L-1A nonimmigrant executive or managerial visa;

• Adjusting status based on the status of family members; or

• Qualifying under other investor or employment-based visas.

Q10. What happens to dependents of CNMI E-2 Investors during the transition period?

A10. During the transition period, dependents (spouses and children) can qualify for dependent status under the CNMI E-2 Investor final rule. Dependents will follow normal procedures with respect to extensions or changes of status for nonimmigrants.

Upon the end of the transition period, spouses and children also will be subject to the same regulations as other immigrants. For example, if the E-2 CNMI Investor qualifies for a change of status to regular E-2 status at the end of the transition period, his or her dependents would have to apply for a change of status as well and qualify under those statutory and regulatory provisions.

Q11. Who qualifies for the CNMI-only "E-2" nonimmigrant investor visa?

A11. To qualify for E-2 CNMI Investor status, the primary applicant must:

• Have been admitted to the CNMI with a long-term investor visa under CNMI immigration law before Nov. 28, 2009;

• Have continuously maintained residence in the CNMI under long-term investor status;

• Currently maintain the investment(s) that formed the basis for the CNMI long-term investor status; and

• Otherwise be admissible to the United States under the U.S. Immigration and Nationality Act.

Q12. Which current CNMI investor statuses qualify?

A12. Individuals who were admitted to the CNMI in long-term investor status under CNMI immigration law qualify, specifically:

• A long-term business investor who was issued a long-term business certificate by the CNMI based upon an investment of at least $50,000;

• A foreign investor with a foreign investment certificate issued by the CNMI based upon an investment of at least $100,000 in an aggregate approved investment in excess of $2 million or at least $250,000 in a single approved investment; and

• A retiree investor over the age of 55 years who was issued a foreign retiree investment certificate based upon a qualifying investment in an approved residence in the CNMI (but not including the two-year non-renewable retiree investor program limited to Japanese nationals).

Q13. How did USCIS decide which categories will qualify under the final rule?

A13. The CNRA refers to admission in “long-term investor” status under the laws of the CNMI when creating the E-2 CNMI Investor status. Only CNMI categories that mandated a fixed minimum threshold amount of investment and are renewable over a period of multiple years (long-term) were considered to be “long-term investor” statuses for this rule, namely the three categories listed above (long-term business investor, foreign investor, and retiree foreign investor).

Q14. How many people are currently in these three CNMI long-term investor categories?

A14. USCIS estimates that there are approximately 500 foreign-registered investors in the CNMI long-term investor categories.

Q15. Which CNMI Investor categories are not eligible for E-2 CNMI Investor status under the rule?

A15. Other investors, including the following, are not eligible for this E-2 visa under the final rule:

• The sub-category of the retiree investor specifically limited to Japanese retirees;

• Short-term business entry permits; and

• Regular-term business entry permits.

Q16. Why is the sub-category of the retiree investor specifically limited to Japanese retirees not eligible for E-2 investor status?

A16. The rule does not consider this category eligible, as these individuals do not classify as “long-term investors.” The CNMI permit for the two-year program for Japanese retirees is nonrenewable and only requires monthly rental payments rather than long-term investment.



Q17. What can these Japanese retirees do once their permit expires?

A17. By Nov. 27, 2011, or the expiration of the Japanese retiree investor’s CNMI-issued permit (whichever occurs first), the individual must depart the CNMI unless he or she applies for and is eligible to remain in the CNMI under another lawful status.

Q18. Why are individuals with short-term and regular-term business entry permits not eligible for E-2 investor status?

A18. Foreign nationals lawfully admitted under the CNMI short-term business entry permit or the regular-term business entry permit categories are not eligible because these permits are not long-term and they do not require investments.

Q19. If individuals with short-term and regular-term business entry permits are not eligible for an E-2 CNMI Investor visa, what can they do?

A19. Individuals with short-term and regular-term business entry permits will not be eligible to obtain the E-2 CNMI Investor visa and therefore must depart the CNMI at the expiration of their CNMI issued status or Nov. 27, 2011, whichever occurs first OR apply for and obtain another immigrant or nonimmigrant classification under the INA that permits them to remain in the CNMI.

Q20. Will foreigners who had pending CNMI Investor applications on Nov. 28, 2009, be eligible for the new E-2 CNMI Investor status?

A20. Foreign nationals who were not admitted as eligible CNMI investors prior to the beginning of the transition period are not eligible for classification as E-2 CNMI nonimmigrant investors. Therefore, individuals who had investor applications pending with the CNMI as of the transition program effective date are not eligible for E-2 CNMI Investor status.

Q21. Is an individual with an approved investor application eligible for E-2 CNMI Investor status?

A21. An individual who was not admitted as an eligible CNMI investor prior to Nov. 28, 2009, is not eligible for classification as E-2 CNMI nonimmigrant investor. Therefore, an individual who has an approved investor application but was not admitted to the CNMI as of the transition program effective date is not eligible for E-2 CNMI Investor status.

Q22. What does the E-2 CNMI Investor visa requirement “continuous maintenance of residence” mean? What if an investor travels regularly outside CNMI?

A22. “Continuous maintenance of residence in the CNMI” means residence in the CNMI from the date that an individual obtained his or her CNMI status through the date on which USCIS grants the new E-2 CNMI Investor status. This is not the same as continuous physical presence; therefore, an investor does not need to remain in the CNMI for the entire period in order to have maintained continuous residence. The rule provides, however, that an investor must be physically present in the CNMI for at least half the time for which continuous residence is required. Additionally, an individual will not maintain continuous residence if he or she leaves the CNMI for more than one year or leaves the CNMI for more than six months and cannot demonstrate that he or she did not abandon his or her residence by this absence.

Q23. Can an investor lose his or her status?

A23. Yes, an investor could lose immigration status if he or she does not maintain the investment(s) that formed the basis for admission. To establish that an investor is maintaining the investment or investments that formed the basis for admission to the CNMI, the rule requires each applicant to provide specific evidence demonstrating that the investor is in compliance with the terms upon which the CNMI investor certificate was issued. Additionally, as previously mentioned, an investor can lose immigration status is he or she does not maintain continuous residence in the CNMI.

Q24. What evidence must an applicant for E-2 CNMI Investor provide?

A24. All documentation previously submitted in each investor application to the CNMI government should be submitted as part of each E-2 CNMI petition to USCIS.

All individuals must provide the following evidence of lawful admission to the CNMI:

• A valid unexpired foreign passport; and

• A properly endorsed CNMI admission document (e.g., entry permit, entry certificate or foreign investor visa) with a period of validity that includes Nov. 28, 2009.

Individuals with a CNMI-issued foreign investor entry permit or long-term business entry permit

An applicant with a CNMI-issued foreign investor entry permit or long-term business entry permit must submit evidence to show that he or she has maintained his or her investment with the E-2 CNMI Investor application. This evidence could include:

• An approval letter issued by the CNMI government;

• Evidence that capital has been invested, such as bank statements, receipts or contracts for assets purchased, stock purchase transaction records, loan or other borrowing agreements, land leases, financial statements, business gross tax receipts, or other agreements supporting the application;

• Evidence that the applicant has invested at least the minimum amount required, such as evidence of assets purchased or property transferred from abroad for use in the enterprise, evidence of monies transferred or committed to be transferred to the new or existing enterprise in exchange for shares of stock, any loan or mortgage, promissory note, security agreement or other evidence of borrowing secured by assets of the applicant;

• A comprehensive business plan for new enterprises;

• Articles of incorporation, by-laws, partnership agreements, joint venture agreements, corporate minutes and annual reports, affidavits, declarations or certifications of paid-in capital;

• Current business licenses;

• Foreign business registration records, recent tax returns of any kind, evidence of other sources of capital;

• A listing of all resident and nonresident employees;

• A listing of all holders of business certificates for the business establishment; or

• A listing of all corporations in which the applicant has a controlling interest.

For the holder of a certificate of foreign investment, copies of annual reports of investment activities in the CNMI showing that the certificate holder is under continuing compliance with the standards required. Each report must be accompanied by an annual financial audit report performed by an independent certified public accountant.

Individuals with a CNMI-issued retiree investor permit

CNMI retiree investors should submit the following with their applications for E-2 CNMI Investor status:

• Proof that the foreign applicant has an interest in property in the CNMI, such as a lease agreement;

• Proof of the value of that property, such as an appraisal; and

• Proof of any improvements to the property, which could include receipts or invoices of the costs of construction, the amount paid for a preexisting structure, or an appraisal of improvements.

Q25. When can individuals apply for E-2 CNMI Investor status?

A25. Petitions for E-2 CNMI Investor status may be filed on Jan. 18, 2011. Any petitions received prior to Jan. 18, 2011 will be rejected. E-2 CNMI investors may apply for changes of status to any other nonimmigrant or immigrant visa classifications for which they may qualify anytime during the transition period.

Q26. What is the final date that initial petitions will be accepted for the E-2 CNMI Investor visa?

A26. The final acceptable filing date for initial E-2 CNMI investor petitions will be Jan. 18, 2013.

Q27. What application must be submitted for the E-2 CNMI Investor visa?

A27. The existing Form I-129, Petitioner for a Nonimmigrant Worker, with Supplement E is the application form used for requesting E-2 CNMI Investor status.

Q28. What is the cost of the application?

A28. The processing fee for Form I-129 is $325. In addition, the biometrics fee for applicants present in the CNMI who are applying for an initial grant of status is $85.

Q29. Where should I file the application?

A29. Most U.S. immigration applications, including the Form I-129, are filed by mail. Detailed instructions for each form, including the address to which the application should be sent, are found on-line at www.uscis.gov/forms. All E-2C petitions are filed with the California Service Center at: P.O. Box 10698, Laguna Niguel, CA 92607-1098. All courier/express deliveries should be forwarded to 24000 Avila Road, 2nd Floor, Room 2312, Laguna Niguel, CA 92677.

You must be present in the CNMI or outside the United States at the time your application is filed with USCIS. If you are outside the United States upon approval, you will need to obtain an E-2 CNMI Investor nonimmigrant visa at a United States Embassy or consulate abroad to be admitted to the CNMI as an E-2 CNMI Investor.

Q30. Is a fee waiver available?

A30. Yes, the final rule allows the applicant to file for a fee waiver. If you wish to apply for a fee waiver, you must complete and submit a Form I-912, Request for Fee Waiver with the Form I-129 petition.

Q31. Why does the rule permit a fee waiver for an “investor” who would have to make a relatively significant monetary investment to qualify for the visa?

A31. Waiver of the fee for filing Form I-129 is normally not permitted. However, USCIS is allowing a waiver limited to investors under this rule in the CNMI due to the current adverse economic conditions there and because of the retirees and proprietors of small businesses included in this new nonimmigrant category. The fee waiver provision is limited to those who show inability to pay. USCIS understands that some CNMI E-2 Investor eligible retiree investors may have invested the majority of their savings in their investment residences, may be living on fixed incomes, and may qualify for waivers.

Applicants in the CNMI who are applying for an initial grant of status must also submit the biometric service fee. This fee is waivable for inability to pay under current USCIS regulations.

Q32. What can I do if my application is denied?

A32. As with other adjudications of Form I-129, the denial of an E-2 CNMI investor application may be appealed to the USCIS Administrative Appeals Office for a review.

Q33. Does immigration status extend to dependents of E-2 CNMI Investors?

A33. The rule allows dependents of the principal E-2 CNMI Investor to accompany or follow-to-join the principal investor, irrespective of the nationality of these dependents. To qualify for this status, the spouse and children must be otherwise admissible to the United States under the INA. As outlined below, to obtain this status, a dependent living in the CNMI must submit a Form I-539, Application to Extend/Change Status.

Q34. How does a dependent (a spouse or child) obtain derivative E-2 CNMI Investor status?

A34. If a dependent is living in the CNMI, he or she must submit a Form I-539, Application to Extend/Change Status. The fee for this form is $290, plus the biometric fee of $85 if requesting an initial grant of status in the CNMI. Fee waivers are available for inability to pay. If abroad, the spouse and/or child should not file the Form I-539 but each dependent needs to apply for an E-2 CNMI visa at the appropriate U.S. embassy or consulate.

Q35. For how long is the E-2 CNMI Investor visa valid?

A35. The initial admission period is two years. Upon approval of their application(s) for derivative status, the spouse and minor children accompanying or following-to-join an E-2 CNMI investor would be admitted for the same period that the principal investor is in valid E-2 CNMI Investor status.

Q36. What happens to dependents if an E-2 CNMI Investor temporarily departs from the CNMI?

A36. The derivative status of the dependent spouse and children would not be affected, provided that the familial relationship continues to exist and the principal remains eligible for admission as an E-2 CNMI investor.

Q37. How will work authorizations be handled?

A37. All E-2 CNMI Investor principal and spousal employment authorization is limited to employment in the CNMI. Certain investors and their spouses will be eligible to work in the CNMI:

• The E-2 CNMI Investor is authorized to work for a specific employer determined by the long-term investor status under CNMI law on which the grant of E-2 CNMI Investor status is based.

• The spouse of an E-2 CNMI Investor may request employment authorization after he or she lawfully obtains E-2 CNMI Investor status and lawfully enters the CNMI. Spouses of E-2 CNMI Investors who initially had CNMI Retiree Investor Certificates are not authorized to seek employment authorization.

• Work authorization is not permitted for children of E-2 CNMI investors.

• Neither E-2 CNMI Investors with status under a retiree investment permit nor their spouses are work-authorized. Entering the CNMI as a “retiree” is inconsistent with obtaining employment.

The E-2 CNMI Investor principal’s work authorization is employer-specific incident to the E-2 CNMI Investor status, so the principal does not need to apply for an Employment Authorization Document. The investor’s passport and Form I-94 showing E-2 CNMI Investor status are acceptable forms of documentation to complete the Employment Eligibility Verification, Form I-9, when commencing any new employment authorized under that status. A spouse must apply for an EAD, using Form I-765, in order to be granted employment authorization. If granted an EAD, the spouse may use it as evidence of identity and work authorization for Form I-9 purposes with any employer in the CNMI.

Q38. What happens if an individual changes employers without filing with USCIS?

A38. An unauthorized change of employment to a new employer could cause the individual to lose lawful status.

Q39. May E-2 CNMI Investors apply for extensions?

A39. Yes. An individual may apply for an extension before the status expires. An individual with E-2 CNMI Investor status may apply for an extension until the end of the transition period.

Q40. What will be required for an extension of stay?

A40. To apply for an extension of stay, an E-2 CNMI investor must file a new Form I-129 and Supplement E with the required evidence and fee.

Q41. Does this visa allow an E-2 CNMI Investor to travel elsewhere in the United States?

A41. No. E-2 CNMI Investor status for long-term CNMI investors is a “CNMI-only nonimmigrant” status, and does not exist within the United States as a whole. It does not authorize entry to Guam or to any other part of the United States. However, it does not bar travel if the investor is otherwise authorized and admissible to the United States in another status.

Q42. What would happen if an E-2 CNMI Investor traveled to another part of the United States solely based up the CNMI-only E-2 visa?

A42. Travel or attempted travel from the CNMI to another part of the United States without the appropriate visa or other authorization is a violation of the E-2 CNMI Investor status. If an individual fails to comply with the conditions of the E-2 CNMI Investor status, he or she would be deportable from the CNMI or any other U.S. location.

Q43. Could an E-2 CNMI Investor travel outside the United States and then return to the CNMI?

A43. Yes, the final rule allows for travel outside the U.S. However, individuals who are present in the CNMI under a CNMI-only nonimmigrant status who depart and desire to return in the same status must obtain a visa from the U.S. Department of State in order to be readmitted to the CNMI. Therefore, if an E-2 CNMI Investor obtained his or her status from USCIS in the CNMI, he or she would need to obtain an E-2 CNMI Investor visa from a U.S. Embassy or Consulate in order to be readmitted to the CNMI, regardless of nationality. USCIS approval of E-2 CNMI Investor status provides status while present in the CNMI, but does not eliminate the requirement of a visa for admission to the CNMI.

Q44. What is the process for obtaining a visa overseas?

A44. Once USCIS approves a petition for E-2 CNMI Investor classification, the investor should apply for an E-2 CNMI Investor visa at the U.S. Embassy or Consulate with jurisdiction over their place of permanent residence.

Q45. How many public comments were received in this rule making and were they taken into account?

A45. USCIS received 13 comments. DHS and USCIS reviewed and considered each comment that was submitted. In one of the most significant changes resulting from public comments, the final rule reduced the minimum investment of a CNMI Long-Term Business Entry Permit holder with a CNMI Long-Term Business Certificate to $50,000 from the $150,000 threshold in the proposed rule. USCIS also clarified the manner in which E-2 CNMI Investor status will be granted directly in the CNMI using appropriate waiver authority under the INA, without requiring investors to travel abroad to obtain a visa in order to be admitted in E-2 Investor status. All comments received are posted without change to http://www.regulations.gov, as part of the final rule.

Feds Issue Rule for NMI-Only Investor Program

Feds issue rule for NMI-only investor program
Monday, December 20, 2010 12:00AM By Gemma Q. Casas - Reporter
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U.S. Citizenship and Immigration Services on Friday posted a final rule in the Federal Register that creates a nonimmigrant investor visa classification in the CNMI.

The “E-2 CNMI Investor Visa” allows foreign long-term investors to reside on the islands through the end of the federalization transition phase, Dec. 2014.

This visa will be issued for two years, is renewable, and is valid only in the CNMI. The investor’s spouse and children may also apply for status as dependents of the investor.

According to USCIS, individuals who were admitted to the CNMI in long-term investor status under commonwealth immigration law qualify, specifically:

• A long-term business investor who was issued a long-term business certificate by the CNMI based upon an investment of at least $50,000;

• A foreign investor with a foreign investment certificate issued by the CNMI based upon an investment of at least $100,000 in an aggregate approved investment in excess of $2 million or at least $250,000 in a single approved investment; and

• A retiree investor over the age of 55 years who was issued a foreign retiree investment certificate based upon a qualifying investment in an approved residence in the CNMI (but not including the two-year non-renewable retiree investor program limited to Japanese nationals).

“What you are going to show us is the investment that you’ve made to become an investor. We’re not asking you to show us what investment you’ve made right now but the documentation that enable you to get that investor status,” David Gulick, USCIS Honolulu regional director, said in a media conference on Saturday.

He said CNMI investors with questions on the new E-2 rule should visit the USCIS office on Saipan.

He said he is also scheduled to meet with the Japanese and the Philippine consuls to explain the E-2 rule and other related issues.

“Don’t panic,” the USCIS said. “We’re not in the business of deporting people.”

It is U.S. Immigration and Customs Enforcement that deports aliens that no longer have legal status.

Gulick said a team of immigration experts is coming to Saipan next month to hold public forums and consultation talks with employers, the local government and other groups in the community.

The final regulations for the Commonwealth Worker status remain in the drafting stage, said Gulick.

He earlier said that these regulations should be announced before Nov. 2011, when the CNMI umbrella permits expire.

NMI Labor claims jurisdiction over case filed by US citizen
Monday, 27 September 2010 00:00 By Junhan B. Todeno - Reporter
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THE administrative hearing office of the Department of Labor can adjudicate cases involving U.S. citizen workers.

Hearing Officer Jerry Cody said the jurisdiction of his office is determined by the Commonwealth Employment Act of 2007, or Public Law 15-108, as amended by Public Law 17-1.

He said P.L. 17-1 specifically addresses permanent residents and citizens in its “employment preference” section that deals with an employer’s obligation to hire local residents or U.S. citizens.

Section 4528(a) of P.L. 15-108 states that a citizen, CNMI permanent resident, or U.S. permanent resident who is qualified for a job, may make a claim for damages if an employer has not met the law’s requirements; the employer rejects an application for the job without just cause; or the employer hires a person who is not a citizen, CNMI, permanent resident, or U.S. permanent resident for the job.

Under the law’s Section 4528(b), Cody said the hearing office has original jurisdiction to resolve all claims filed under that section.

“Thus, it is clear that the hearing office has jurisdiction to adjudicate a U.S. citizen’s claim that an employer has violated CNMI ‘preference’ laws,” he said.

Attorney Joey P. San Nicolas, who represented Saipan Triple Star Recycling Inc., asked Labor to dismiss the complaint filed by its employee Antonio A. Reyes, citing the hearing office’s lack of jurisdiction.

In a brief filed with Labor, the employer argued that a “plain reading of the public law reveals that the administrative hearing office does not have jurisdiction to adjudicate questions related to employee’s termination.”

But Cody, in his administrative order dated Sept. 22, denied the motion to dismiss filed by Saipan Triple Star Recycling Inc.

A review of Public Law 17-1, he said, reveals that it contains a specific section that confers broad jurisdiction to the hearing office.

Section 4942(a) states that “[t]he Administrative Hearing Office shall have original jurisdiction to resolve all actions involving alleged violations of the labor and wage laws of the commonwealth,” he said.

He said this broad jurisdictional language, which first appeared in P.L. 15-108, “represents a significant change from the limited jurisdiction” of the Nonresident Workers Act that had been in effect for 10 years prior to the enactment of P.L. 15-108.

Cody admitted that P.L. 17-1 is not a model of clarity with respect to the jurisdictional issue, saying that claims of citizens or permanent residents are not specifically mentioned except in sections dealing with “employment preference issue.”

But, he added, the fact that the broad jurisdictional language was added by the Legislature when it replaced the Nonresident Workers Act with P.L. 15-108, suggested that the Legislature intended to expand the hearing office’s jurisdiction from the former limited jurisdiction of the NWA to complaints filed by U.S. citizens or residents.

According to Cody, “It makes sense to allow local residents or citizens to utilize the services of the hearing office that operates on an expedited simplified format with relaxed rules of evidence and an absence of legal formalities.”

He added, “This administrative court is designed to enable a worker to bring a complaint regarding wages or working conditions without having to hire legal counsel.”

He said given that many local U.S. citizens or residents make the same wages as foreign national workers, they should be allowed to utilize the department’s administrative system to adjudicate their labor complaints.

Cody said the labor case of Reyes has been referred to the department’s enforcement section for investigation.

'Extend transition period to 2019'

Local
Friday, September 17, 2010


By Haidee V. Eugenio
Reporter

Gov. Benigno R. Fitial has asked a congressional panel to consider extending the transition period related to the federalization of CNMI immigration from the end of 2014 to the end of 2019, and to reinstate a “cover over” tax provision in the Covenant that the federalization law deleted.

The governor cited the U.S. Department of Homeland Security's failure to issue final regulations on foreign workers and foreign investors/foreign students, as well as DHS' failure to develop and enforce “an effective program to identify and remove illegal aliens” in the CNMI as reasons for the need to extend the transition.

These are part of Fitial's 11-page written testimony to the U.S. House Subcommittee on Insular Affairs, Oceans and Wildlife, which held a Sept. 16 oversight hearing in Washington, D.C. on H.R. 6015.

“Consideration of this amendment seems particularly appropriate because of (a) the delay by DHS in issuing the necessary regulations; and (b) the uncertainty engendered by DHS' legal position as to whether in fact the Secretary of Labor has the authority to extend the transition period,” Fitial said.

HR 6015, introduced by subcommittee chair Delegate Madeleine Bordallo (D-Guam), has two major sections, including two proposed technical corrections to the immigration provisions contained in the Consolidated Natural Resources Act that are applicable to the CNMI and Guam.

The CNRA, signed in May 2008, is the law that placed CNMI immigration under federal control on Nov. 28, 2009.

HR 6015 also requires the director of the U.S. Department of Commerce's Bureau of Economic Analysis to publish certain economic data on territories and Freely Associated States.

The governor believes that the U.S. Congress intended that an extension of the transition period by the U.S. Labor Secretary would also mean extending the two other programs that CNRA authorizes: numerical limitations on H visas, and CNMI-only nonimmigrant investor visa program.

He said despite frequent requests by the CNMI, DHS has never provided any written opinion in support of its interpretation of the CNRA.

“This Subcommittee may wish to make a similar request of DHS so that the Subcommittee can evaluate the conflicting opinions before it acts on H.R. 6015,” Fitial said.

The governor reiterated the CNMI's frustration with the interim final rule regarding the joint Guam-CNMI visa waiver, and the exclusion of China and Russia from the list of approved countries.

In his written testimony, Fitial also said that DHS has not developed and enforced an effective program to identify and remove illegal aliens in the CNMI.

“The number of illegal aliens in the Commonwealth is expanding rapidly, now that federal controls are in place, for three reasons,” Fitial said.

These reasons include “a perceived lack of enforcement by federal officials leads to illegal aliens to conclude that there is no risk to staying” in the CNMI; “some federal officials have repeatedly suggested that green cards will be available to any alien who is in the Commonwealth when Congress addresses this questions;” and “new federal policies with respect to food stamp assistance and free medical care allow these benefits to be claimed by illegal aliens.”

“Under these circumstances, voluntary repatriation by aliens in the Commonwealth has almost entirely disappeared,” Fitial added.

The governor also asked the Subcommittee to reinstate the “cover over language” in the Covenant that the CNRA eliminated.

“Cover over” refers to the return to local governments of taxes paid to federal agencies by residents of insular areas.

“The effect of this amendment will be to deny the Commonwealth tens of millions of dollars over time-and places the full financial burden of applying the immigration laws on the Commonwealth and its residents rather than assumed by the nation as a whole whose national security was believed to require this congressional action,” he added.

Oversight hearing

The oversight hearing in Washington, D.C. was during the wee hours of this morning Saipan time.

Besides HR 6015, Bordallo's Subcommittee also held an oversight hearing on CNMI Delegate Gregorio Kilili Sablan's HR 4339, which creates the Dr. Rita Hocog Inos Fellowship Act.

Among those scheduled to testify on the two measures were Assistant Interior Secretary for Insular Affairs Tony Babauta, Fitial's legal counsel Howard P. Willens, Guam Visitors Bureau vice chair Lamonte J. “Jim” Beighley, and former CNMI Board of Education member Anthony Pellegrino.

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DOL Receives $73K for Federal Labor Certification

Local
Thursday, September 16, 2010

Labor bags $73K to support federal labor certification programs for farm workers

By Press Release

The CNMI Department of Labor has received approval from the Office of Foreign Labor Certification of the U.S. Department of Labor of its “FY 2010 Annual Plan for Foreign Labor Certification.”

The approval from the Washington D.C.-based Employment and Training Administration was accompanied by a grant award in the amount of $73,355.32. The funds are intended to support activities by the Office of Foreign Labor Certification in the H-2A program for the local agriculture industry.

While the CNMI Department of Labor has participated in an online training session, this is the first time it will officially participate, like other states, in Office of Foreign Labor Certification activities.

“I'd like to congratulate the CNMI Department of Labor for applying for and receiving this grant from the federal government which is recognition of the ongoing role that our CNMI Labor Department will play in foreign labor certification. It is important to have federal and Commonwealth laws operate in tandem regarding labor matters, as in other states and territories,” said Gov. Benigno R. Fitial.

The grant awarded to the Labor will be used for the startup of Foreign Labor Certification under U.S. Department of Labor Planning Guidance for the local agriculture industry. Specifically, the program will provide funding to cover the work of CNMI Department of Labor employees in providing housing inspections and wage surveys. CNMI Labor will supplement the standard U.S. wage survey for the agriculture industry with a complete review of all alien CNMI farm labor contracts.

The CNMI also recently added farm workers to the central job order system created by the CNMI Department of Labor in recent years. The online job order system is designed to promote a statutory job preference for U.S. citizens, U.S. permanent residents, and CNMI permanent residents. Job orders are posted for 14 days on the Web at www.marianaslabor.net in order to give qualified citizens an opportunity to apply.

At the present time, there were 114 job orders forecasted CNMI-wide for foreign agriculture workers that will fall under the H-2A program.

Nonresidents registering with Labor

Wednesday, 15 September 2010 00:00 By Junhan B. Todeno - Reporter
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LABOR Deputy Secretary Cinta M. Kaipat says nonresidents have begun registering with her department as required by Public Law 17-1.

“People are registering steadily,” she said in an-email.

“Remember that we already registered many people because we did that together with other transactions, and we continue to do that so there is not necessarily any line for registration on any particular day. I expect we will have nearly everyone registered by the deadline, which is some time off.”

The registration window at Labor is open from 8:15 a.m. to 4:15 p.m., Monday through Thursday.
The schedule for registration is as follows:

• Sept. 7-24: Aliens in the 240K classification who are not already registered (current or former workers)

• Sept. 27-Oct. 14: Aliens in the 240G, 240H, and 240N classifications who are not already registered (current or former investors, students, and business owners)

• Oct. 18-Nov. 3: IRs in all classifications who are not already registered (current IRs of U.S. citizens, foreign workers, foreign students, foreign investors, and foreign business owners)

• Nov. 8-30: All other aliens regardless of status
Workers whose contracts are renewed during 2010 are automatically registered in the contract process and their new updated ID cards have been issued. The same is true for all foreign investors, foreign business owners, foreign students, and immediate relatives who already have CNMI-issued ID cards for 2010. Those persons are already registered and need not do anything further about registration this year.

“We are now working on registering all other aliens in the commonwealth, including immediate relatives, common law spouses, minors, victims of crime and aliens eligible under the Violence Against Women Act and all others,” Kaipat said in an earlier press release.

Registration is required of all aliens other than lawful permanent residents (green card holders), regardless of status. There is no fee for these registrations.

For aliens who do not have a prior-year registration or permit card, the documentation required for registration includes a passport-sized photo, a completed registration form, and personal identification showing birth date.

The registration form is on the department’s website, www.marianaslabor.net.

Labor hails Wiseman decision

Wednesday, 15 September 2010 00:00 By Junhan B. Todeno - Reporter
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THE recent court ruling on a labor case is something that the Department of Labor has been seeking for several years, Deputy Secretary Cinta M. Kaipat said yesterday.

Labor believes that bond claims enforcement should be done in court, she added.

“Only a court has the power to force a bonding company to pay,” she said in an e-mail.

Labor, she added, “does not control the licensing of bonding companies, and we cannot attach their bank accounts. So we could issue opinions on their liability with respect to bonds, and nothing would happen. We had cleaned up the entire backlog of labor cases and we wanted our orders enforced.”

In 2007, she said, after the enactment of Public Law 15-108, Labor pushed for the enforcement of bond claims in court.

In the same year, she added, “we started handing out Small Claims packets to claimants telling them how to take their cases to court. Many of them did that, and two of the insurance companies — Royal Crown and Oceania — objected. They said that the workers’ claims on the bonds could not be considered in the first instance in court. They argued that they were entitled to a hearing at the Labor Department first. Judge [Perry] Inos issued an opinion in 2009 accepting the insurance company arguments and sending all these cases back to the Department of Labor. So we did two things: first, we set up hearings for all the bond claims and advertised extensively so workers would come in and present their claims. Second, we petitioned the Legislature to change the law to make it clear to the courts that workers could go to court to enforce the Department of Labor’s orders.”

According to Kaipat, “We processed all the claims and issued orders in all the cases where there was a bond by January of this year. Many of those cases were appealed to the [Labor] secretary, and all those appeals were completed months ago. Now, Royal Crown is back in Superior Court appealing the secretary’s decision in eight of these cases claiming — you guessed it — that they did not get a fair deal at the Labor Department (where they were ordered to pay) and now they want their day in court. They even took one case to federal court, where Judge [Alex] Munson held that the Department of Labor had proceeded properly. He dismissed their claim.

Judge Wiseman has not yet ruled on the appeals the insurance companies have filed in Superior Court, but we expect the same result as we got from Judge Munson.”

Kaipat said Labor “succeeded in getting a new section put into P.L. 17-1 providing specifically that workers could take the enforcement of their claims to court. We drafted that statutory section in consultation with lawyers for the workers. That became effective in March 2010.”

So, she added, “we have cleaned up all the past bond claims that were presented to the department, and we have changed the law so that, going forward, workers can take their cases directly to court. This is an example of the good progress the Department of Labor is making on all fronts.”

On Friday, Judge David A. Wiseman ruled that based on Public Law 17-1, which took effect last March, alien workers can now file court actions to collect administrative awards even without exhausting collection remedies at the Department of Labor.

Local
Thursday, September 02, 2010

Labor announces mandatory alien registration

The Commonwealth has been registering aliens annually since 1985. After the Immigration Division was disbanded, its former task of registering aliens was assigned to the Department of Labor.

“Every alien who has an ID card issued by the CNMI after Jan. 1, 2010 is already registered,” said Labor deputy secretary Jacinta Kaipat. “Those aliens need do nothing further until next year.”

Workers whose contracts are renewed during 2010 are automatically registered in the contract process and their new updated ID cards have been issued. The same is true for all foreign investors, foreign business owners, foreign students, and immediate relatives who already have CNMI-issued ID cards for 2010. Those persons are already registered and need not do anything further about registration this year.

“We are now working on registering all other aliens in the Commonwealth, including immediate relatives, common law spouses, minors, victims of crime and aliens eligible under VAWA (Violence Against Women Act), and all others,” Kaipat said.

Registration is required of all aliens other than lawful permanent residents (green card holders), regardless of status. There is no fee for these registrations.

For aliens who do not have a prior-year registration or permit card, the documentation required for registration includes a passport-sized photo, a completed registration form, and personal identification showing birth date. The registration form is on the department's website, www.marianaslabor.net.

The registration window will be open from 8:15am to 4:15pm, Monday through Thursday.

The schedule for registration is as follows:

* Sept. 7-24: Aliens in the 240K classification who are not already registered (current or former workers)

* Sept. 27-Oct. 14: Aliens in the 240G, 240H, and 240N classifications who are not already registered (current or former investors, students, and business owners)

* Oct. 18-Nov. 3: IRs in all classifications who are not already registered (current IRs of U.S. citizens, foreign workers, foreign students, foreign investors, and foreign business owners)

* Nov. 8-30: All other aliens regardless of status

Alien registration cards will be available for pickup either at the time of the registration or within a few days after the registration form is filed.

“Aliens who register may also have their umbrella permit status problems addressed at the same time,” Kaipat said. “Those who did not make their report-back date for some reason or who have other umbrella permit issues may request to have their umbrella permits or existing permits updated when they register.

Registration is required under Commonwealth PL 17-1. (PR)

Local
Thursday, September 02, 2010

Employers surveyed for jobs inventory

By Haidee V. Eugenio
Reporter

Hundreds of employers in the CNMI are now being surveyed online for their jobs inventory, data from which is expected to help provide employment for U.S. citizens and to help determine the extension of the transition period for foreign workers to remain in the Commonwealth, among other things.

The “2010 CNMI Jobs Inventory Survey” is being conducted by the CNMI Department of Labor.

Douglas Brennan, president of the Saipan Chamber of Commerce, encouraged businesses to take the time to fill out the survey form, which is also done in line with Public Law 17-1 or the CNMI omnibus immigration law.

PL 17-1 makes the Commonwealth Code conform with the requirements of the federalization law, Title VII of U.S. Public Law 110-229, with respect to federal control of immigration and deportation. It converts the mandatory 20- to 30-percent local hiring preference into a floating benchmark.

“If employers don't fill up the form, then they could expect a call or visit from Labor to make sure they participate in the survey,” Brennan told Saipan Tribune.

The Chamber, the largest business organization in the CNMI with some 150 members, held its monthly meeting yesterday afternoon at The Palms Resort in San Roque.

Employers are asked to complete the survey within two weeks of receiving the request or as soon as possible.

They are asked to report on each job for which a worker was paid at any time during the month of August 2010.

Labor Secretary Gil M. San Nicolas, in his cover letter for the survey, said the Commonwealth needs the survey in order to qualify for certain federal grants, and to “assist with respect to the U.S. Secretary of Labor's determination on the extension of the transition period for foreign workers to remain in the Commonwealth.

San Nicolas said the survey will also help plan for and provide better employment training of U.S. citizens.

“(The survey also seeks) to provide the Commonwealth government and the public with information we do not now have because the U.S. agencies do not collect this information in the CNMI on a current basis,” San Nicolas said.

The Labor secretary said the information that employers provide is kept strictly confidential and will be used only to prepare statistical compilations that do not identify individuals or employers.

Some of the information requested by the survey form include the employer's name and employer number or TIN/SSN, as well as their business expectations - fewer aliens, same number of aliens, more aliens.

Employers are also asked about the O-NET job code, their employees' job title, job status, worker's name, Form I-9 status, and Form I-9 ID number.

The federal government took over CNMI immigration on Nov. 28, 2009.

Carolinians Gather to Oppose Interior Report on Nonresident Workers

Local
Monday, July 26, 2010


By Haidee V. Eugenio
Reporter

A little over a hundred members of the Carolinian community, along with guests, gathered at the Civic Center in Susupe on Saturday afternoon to voice out their opposition to the U.S. Department of the Interior's report recommending improved immigration status to some 20,000 foreign workers in the CNMI.

The gathering also served as a campaign event for two delegate candidates with Carolinian blood-former Gov. Juan N. Babauta and former House Floor Leader Joseph N. Camacho.

Gov. Benigno R. Fitial, who is a Carolinian, encouraged those at the assembly to participate in a referendum asking their opinion on the Interior report, should such question be posed in the November 2010 elections.

A referendum, also known as a plebiscite or a ballot question, is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal.

Fitial said the specific question to be asked is now being worked on, and is expected to be included in the Nov. 2 ballot.

Fitial addressed the crowd in Carolinian language for 17 minutes which started at 1:57pm.

In his speech, he reiterated the Interior's failure to consult with him or the CNMI government before releasing the report to the U.S. Congress. He said Public Law 110-229 or the federalization law requires such consultation.

The governor also described the Interior report as “seriously defective,” adding that the conclusions regarding the CNMI economy and future need for foreign workers are rebutted by publicly available data and professional economic analysis.

Fitial's reasons for opposing the report also include failure to consider the potential impact of the recommendations on unemployed U.S. citizens in the CNMI and the ability of the CNMI to provide essential public services to its residents. He said any change in status should be considered only in the context of overall immigration reform in the U.S.

Camacho echoed Fitial's opposition to the Interior report, saying it violated the federalization law. Because of the lack of consultation, the Interior report bore a “one-sided recommendation.”

He said he would like to see all able-bodied U.S. citizens in the CNMI to be working either in government or the private sector, and only then should foreign workers be allowed to fill in other positions.

Camacho said he is now working with Rep. Frederick P. Deleon Guerrero (Ind-Saipan) in establishing a master list of available jobs in government and private sector.

Deleon Guerrero drafted a resolution asking U.S. House Subcommittee on Insular Affairs, Oceans and Wildlife chair Madeleine Z. Bordallo (D-Guam) to “reject” the Interior report and conduct hearings in the CNMI on the said report.

Babauta, for his part, said there is already a law that allows foreign workers to apply for U.S. citizenship or other immigration status, and that foreign workers in the CNMI should comply with the same requirements as others applying for such status.

“If anybody wants to become a U.S. citizen, they should stand in line.for fairness,” he told the crowd.

He said the focus of the debate should not be about the granting of U.S. citizenship, but on the CNMI economy, specifically the number of foreign workers needed to sustain and grow the local economy.

“If our delegate is doing his job, we won't be having this discussion today,” said Babauta, who is also a former resident representative of the CNMI to Washington, D.C.

The Interior report, submitted to the U.S. Congress in April, recommends five options that include granting long-term alien workers permanent residency status, U.S. citizenship or a status similar to those granted to citizens of the Freely Associated States.

Dolores Rasiang, a Dandan resident, said she attended the Carolinian gathering to learn more about the referendum and the Interior report.

“I don't support the Interior report 100,000 percent because I want to protect my land,” she said.

Saturday's gathering was reminiscent of the May 29 peaceful assembly held by indigenous Chamorros and Carolinians also to show their opposition to the Interior report. Nonresidents also held a peaceful assembly showing support to the Interior report and recommendations.

Fitial, in an interview later, said he wrote another letter to Interior Secretary Ken Salazar, asking him to respond to his previous letter.

The governor asked Salazar to withdraw the Interior report recommending long-term immigration status for alien workers who have been in the CNMI for at least five years.

Besides Fitial, Camacho, and Babauta, the others who spoke at the Carolinian assembly included Indigenous Affairs Office resident executive director Ignacio Demapan, Carolinian Affairs executive assistant Angie Iginoef-Mangarero, Vice Speaker Felicidad Ogumoro (Cov-Saipan), former Speaker Oscar Rasa, Deputy Labor Secretary Cinta M. Kaipat, Community and Cultural Affairs Secretary Melvin Faisao, and Leon I. Taisacan.

Other lawmakers present at the gathering were Rep. Rafael Demapan (Cov-Saipan) and Rep. Stanley Torres (Ind-Saipan), who earlier said that the Interior report will destroy the CNMI.

Letters to the Editor
Wednesday, June 09, 2010

Correction in report about new labor regs

I write to correct the errors in the report in the Saipan Tribune about Labor's revised regulations under PL 17-1. This report suggested that there were certain new provisions in the regulations when, in fact, the provisions remain the same as in prior regulations. For example:

Registration. There is nothing new about alien registration in the Commonwealth. Annual registration has been required since the first alien workers came to the Commonwealth in the mid-1980s. The new regulations only shift this responsibility from the old Immigration Division to the Labor Department because the Attorney General has deleted the old immigration regulations under which annual registration was accomplished. The procedural registration provisions remain the same; the office implementing them has changed.

Fees. There is nothing new about Labor fees. If you compare the new fee schedule to the old fee schedule, you will see fees cited in the article have not changed. What has changed is a provision that any employer who pays a federal fee does not have to pay a Commonwealth fee. There is no duplication of fees. Your report did not include that fact. In addition, the moratorium exemption fee has been deleted, as the moratorium is now gone.

Workforce Participation. Your report contains a serious factual error with respect to workforce participation. Your article said: “It [the new regulation] said the number of citizens, U.S. permanent residents or CNMI permanent residents or their immediate relatives shall equal or exceed the number of foreign workers in the private sector workforce unless attainment of this goal is not feasible within the current calendar year after all reasonable efforts have been made by the employer.” That is not correct.

The regulations provide that: “In the workforce of any employer, the percentage of citizens, U.S. permanent residents, and CNMI permanent residents and the immediate relatives of citizens, U.S. permanent residents, and CNMI permanent residents (“status-qualified participants”) employed shall equal or exceed the percentage of status-qualified participants in the private-sector workforce unless attainment of this goal is not feasible within the current calendar year after all reasonable efforts have been made by the employer.”

What this means is that if citizens, U.S. permanent residents, CNMI permanent residents, and their immediate relatives comprise 40 percent of the private-sector workforce, then the benchmark for every private-sector employer is 40 percent. The private-sector workforce is comprised of persons who are employed and persons who are seeking employment. We use the same definitions as the U.S. Department of Labor.

Reporting Requirements. There has been no change in the reporting requirements. The reports required in the new regulations are the same reports as have been required in prior regulations.

Workforce Plan. Only technical changes have been made in the workforce plan requirements to conform to the provisions of PL 17-1. For example, PL 17-1 deleted classifications for jobs, so the references to those classifications in the workforce plan requirements were also deleted. A workforce plan requirement has been in Commonwealth law for a long time.

Jacinta M. Kaipat
Deputy Secretary of Labor

Monday, June 07, 2010
Local
Monday, June 07, 2010

New labor rules now in effect
Alien registration, floating benchmarks, new fees
By Haidee V. Eugenio
Reporter

The CNMI Department of Labor's amended employment regulations came into effect on June 1, requiring aliens to register every year, establishing fees of up to $300, and reorganizing the department.

The final rules also change the 20-percent local hiring requirement into a floating benchmark, incorporate changes contained in Public Law 17-1, and require employers to submit a workforce plan that include a timetable for replacing aliens with qualified citizens.

The 65-page CNMI Employment Rules and Regulations were published in the May 21, 2010, Commonwealth Register, which was distributed on Friday.

Under the newly amended regulations, every alien who remains in the CNMI longer than 90 days shall be required to register annually and to comply with an ID system.

Failure to comply with the alien registration and ID system shall result in a misdemeanor and upon conviction, shall be punished by jail for up to 90 days, or a fine of up to $500, or both.

The parents or legal guardians of aliens under 18 years old are responsible for the child's registration.

The CNMI Department of Labor will be conducting the registration for all classes of aliens.

“Registered aliens will be issued an identification card, which will contain the name of the alien, the LIDS number, such identifying information as the secretary may require, and the expiration date of the card,” the regulations partly read.

Labor Secretary Gil M. San Nicolas, in a public notice of certification and adoption of the labor rules, said the department “received no comments stating reasons against its adoption.”

Labor incorporated seven changes to the final rules, mostly technical changes that the department said were “non-material.”

San Nicolas said they received one comment that pointed out the problem of a lack of regulations from the Department of Public Health secretary so that the department could put into operation the insurance pool provided in P.L. 15-108.

“That commenter also requested additional language about deductions for co-pay and insurance premiums. A clarification was added for co-pay but insurance premiums may require a case-by-case analysis as to the cap on deductions,” San Nicolas said.

He added that Labor circulated the proposed regulations extensively before publication and adopted the informal oral comments it received in the proposed regulations that were published in the April 19 Commonwealth Register.

Labor gave the public 30 days from April 19 to comment on the proposed regulations.

“These regulations are effective on June 1, 2010 and shall not apply retroactively to applications filed or proceedings in the Administrative Hearing Office that were pending before that date,” the final rules stated.

The amended rules include implementing the changes in definitions provided in P.L. 17-1 or the omnibus immigration bill that asserts CNMI control over nonresident workers, and removes all references to immigration and deportation from the Commonwealth Code to conform with the federalization law that became effective on Nov. 28, 2009.

Labor said umbrella permits may be revoked by order of a hearing officer for failure to comply with Commonwealth law or regulations, failure to appear at a hearing, or conviction of a felony or more than one misdemeanor, among other reasons.

The regulations also reiterate job preference for qualified citizens, CNMI permanent residents and U.S. permanent residents in the private sector.

It said the number of citizens, U.S. permanent residents or CNMI permanent residents or their immediate relatives shall equal or exceed the number of foreign workers in the private sector workforce unless attainment of this goal is not feasible within the current calendar year after all reasonable efforts have been made by the employer.

Reporting requirements

Employers of foreign nationals are required to keep six sets of information for at least two years, and present these upon written request by the Labor secretary or his designee.

These include personnel and payroll records for each foreign national, receipts for cash payments, documentation for each foreign worker, the employer's business license and security contract information with respect to each foreign national worker, and the number and type of employment-related accidents or illnesses involving workers and adequate identification of each worker involved.

Employers are also required to provide Labor with a workforce plan that aims to increase the percentage of U.S. citizens, U.S. permanent residents, and CNMI permanent residents and their immediate relatives in the workforce of the employer.

A workforce plan shall also identify specific positions currently occupied by nonimmigrant aliens.

It shall also include a timetable for accomplishing the replacement of nonimmigrant aliens with qualified citizens, CNMI permanent residents, and U.S. permanent residents until the workforce participation objective is met.

Fees

The Department of Labor is now implementing at least 22 fees ranging from $5 to $300.

However, posting a job vacancy announcement, registration to transfer, attendance at orientation, filing of workforce plan, and mediation of labor disputes, are free of charge.

Labor imposes a $300 fee for an application for an approved contract, including initial, transfer and renewal. But there will be no fee if a federal fee has been paid.

There's also a $250 fee for an application for an approved contract for non-business employers. Again, there will be no fee if a federal fee has been paid.

The other fees range from $5 to $150.

These include:

- $150 for processing a temporary work authorization;

- $150 for expedited processing, in addition to the fee;

- $100 for request for certificate of good standing;

- $50 for replacement or duplicate permit;

- $50 for request for extension of transfer;

- $35 a month for contract extensions of up to six months;

- $25 for contract amendment or change;

- $25 for annual registration;

- $20 per person for filing a complaint with the Hearing Office; and

$5 as penalty for untimely renewal.

Umbrella permit holders told to report to Labor
Friday, 28 May 2010 00:00 By Gemma Q. Casas - Reporter
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THE commonwealth government requires all umbrella permit holders to report to the local Department of Labor on or before the expiration date of their annual employment contract or their permits will be revoked.

All umbrella permits are valid until Nov. 27, 2011.

On the left hand corner of each umbrella permit is a box labeled “Next Filing Date to Avoid Revocation” which is referred to as the “report-back date” in the 77-page regulations for the Commonwealth Employment Act of 2007 as amended by Public Law 17-1.

“The report-back date is an important measure for ensuring compliance with employment requirements. In the event the department is unable to confirm that conditions continue to be met, the permit will be revoked,” the regulations state.

Labor’s volunteer attorney Deanne Siemer told the Society for Human Resource Management during yesterday’s teleconference meeting that the CNMI government will allow legal guest workers to have a 32-hour a month part-time job.

She said part of this liberalized labor policy is the creation of a new classification known as service provider which is a privilege extended to documented foreign workers who have stayed for at least 10 years in the CNMI.

“A foreign national worker who is currently eligible to work in the commonwealth and who has been employed successfully in the commonwealth for 10 years or longer may become a service provider and sell his or her services, but not any kind of goods or products or the services of others, upon approval by the [Labor] secretary,” the regulations further read.

A service provider must be in good standing with respect to payment of all taxes and charges of the Commonwealth Health Center.

The CNMI government said a revoked umbrella permit is a ground for deportation but the federal government disagrees.

The U.S. Department of Homeland Security has said that all umbrella permit holders will be allowed to stay in the CNMI until Nov. 27, 2011 even if Labor revokes the permits.

According to CNMI labor regulations, the annual registration of aliens is necessary to track down their condition so as not to unduly burden the cash-strapped government.

Local
Tuesday, May 25, 2010

Kaipat slams ICE's Haley for 'inflammatory' claim

By Ferdie de la Torre
Reporter

Labor deputy chief Cinta Kaipat bristled at the suggestion that her department is not cooperating with the U.S. Immigration and Customs Enforcement, and reminded an ICE spokesperson that the CNMI is not “a colony.”

In a statement issued yesterday, Kaipat said that ICE spokeswoman Lori K. Haley's allegation that Labor was not responding to ICE's requests relating to more than 500 deportation referrals was not true and even inflammatory.

“The Commonwealth should be treated as a partner. We are not a colony,” she said.

Haley had yet to respond to an e-mail request for comments as of press time.

To make the Commonwealth and federal collaboration a success, Kaipat said it is necessary to have mutual respect for their respective roles and operational cooperation at working level between agencies. This operational cooperation, Kaipat said, should be done “without inflammatory defensive statements from public relations officials.”

Haley told Saipan Tribune last week that ICE has repeatedly asked Labor to provide it additional biographical information on more than 500 deportation referrals, but Labor has yet to respond to these requests.

“ICE is ready to review and determine appropriate action on the DOL referrals as soon as we receive the necessary follow-up information,” Haley had said.

Kaipat insists that Labor has facilitated ICE processes to remove illegal aliens, not delayed them.

“The statement made by Lory K. Haley, a public affairs officer and not an operational officer of ICE, is not correct,” Kaipat said. “Ms. Haley may not be familiar with the situation here in the Commonwealth.”

She said Labor has provided information to ICE officials in exactly the same manner they used to provide information to the CNMI Immigration Division.

“Our former Immigration Division deported between 200 and 300 illegal aliens each year. There is no reason ICE cannot do the same,” she said.

Kaipat recommended that ICE use its authority under Section 287g of the Immigration and Nationality Act to provide funding to local law enforcement officers to assist in locating and arresting aliens.

She said ICE has an Office of State and Local Coordination that operates this program nationwide and that many states participate in.

Kaipat also pointed to the failure of U.S. agencies to hire local people.

“I understand that ICE's personnel, assigned to the Commonwealth only on a temporary basis, may have a problem. If they need translators and informants to find people, they should use their resources to hire them. But one part of the problem stands out,” she said.

Kaipat said ICE has not hired any of the former local Immigration Division inspectors to assist them.

“These people are very knowledgeable about the local immigration enforcement situation. I think this would be an obvious resource to tap. If ICE used local talent, with the information that the Labor Department formerly supplied to local officials and now supplies to ICE, they should have considerably more success,” Kaipat noted.

Under former Commonwealth deportation processes, the Labor Department provided identification information to the Immigration Division on illegal aliens who formerly had held work permits.

Kaipat said the Immigration Division used that identification information to locate and arrest the named aliens. These people were then presented to Commonwealth prosecutors.

“Under our former deportation processes, the prosecutors would ask the alien for a current passport and a current permit allowing employment in the Commonwealth. If the alien did not have these credentials, they were deemed deportable. Of course, anyone can present a defense against the prosecution's challenge, but these cases moved quickly in the Commonwealth Superior Court,” she said.

Kaipat said under the CNMI deportation processes, most of the cases were disposed of and the alien departed within 60 to 90 days.

“We provide the same identification information to ICE on a very timely basis, and we certify illegal status in the same way for ICE. That means, if ICE needs it, there is a Labor Department official ready to testify that the alien has no current permit to work in the Commonwealth,” Kaipat said.

She criticized ICE for not deporting anyone in the six months they have been in charge of deportations in the Commonwealth.

“So now we have a public affairs officer, Ms. Haley, saying that it is our fault, not ICE's fault, for this rather astonishing record,” she said.

Elsewhere in the United States, Kaipat explained, ICE officials are responsible for finding illegal aliens and creating the necessary information with which to prosecute their deportation. She said there is no burden on state agencies to spend their resources for this purpose.

Kaipat said that before Haley offered her observations, the CNMI already initiated a meeting with ICE officials in the Commonwealth to collaborate on their problems with deporting illegal aliens. That meeting will be held in the near future,” she added.

She noted that ICE has not even processed the more than 200 cases that the Commonwealth prosecutors turned over to them on the transition date.

“Those cases involved complete prosecutor files. As I understand it, nothing remained to be done but to bring the case,” she said.

“The GAO [Government Accountability Office] report told us that ICE had not even brought many of these cases. So why ICE is complaining about the lack of data on the more than 1,300 illegal aliens that we certified to them months ago is puzzling,” Kaipat said.

She said she regards the failure to deport any illegal aliens and the consequent buildup of illegal aliens in the Commonwealth as an enormous social problem for the Commonwealth.

She vowed that she and Labor will do their best to help alleviate this problem.

“At the same time, I must spend our very meager funding resources on finding jobs for U.S. citizens. I cannot do ICE's job for it. They are the federal government. They have enormous resources. They need to use those resources to fix this problem,” she added.

Local
Tuesday, May 04, 2010

Fitial wants unified NMI voice on Interior report

By Haidee V. Eugenio
Reporter

Gov. Benigno R. Fitial's administration said yesterday it is “deeply disappointed” by the U.S. Department of the Interior's lack of proper consultation and its submission of a report to the U.S. Congress on the status of alien workers six hours before local leaders had a chance to see the report's contents for the first time.

The Fitial administration is bent on opposing portions of the report, as well as the recommendation by the Interior of granting long-term status to nonresidents who have legally resided in the CNMI for at least five years.

“It almost appears as if there were ulterior motives behind the advanced submission of the Interior’s recommendations,” press secretary Angel Demapan told Saipan Tribune.

Alien worker groups led by the United Workers Movement-NMI are now working on a strategy of their own to ensure that the U.S. Congress will act swiftly on Interior's recommendations, including granting U.S. citizenship or permanent residency leading to citizenship.

Ronnie Doca, board chairman of the UWM-NMI, invited community members to the strategy session on Saturday at the American Memorial Park, from 2pm to 4pm.

Interior gave five examples of how a long-term status can be granted, including conferring U.S. citizenship by an act of Congress and granting permanent residency leading to U.S. citizenship.

Fitial will meet as early as today with lawmakers, mayors and at least four Cabinet members to come up with a unified CNMI government response to the Interior report and recommendation.

“This meeting is aimed at safeguarding the interests and addressing the potential impact that such recommendations will have on the Commonwealth and the local community. It is the intent of the administration to have the Commonwealth leaders come together in an effort to formulate a unified response and position to the recommendations submitted by DOI,” Demapan said.

Uphill battle in Congress

CNMI Delegate Gregorio Kilili C. Sablan (D-MP) recognized the anxiety caused by the Interior report. Among other things, he said these are just recommendations to Congress.

Sablan said as the CNMI representative to the U.S. Congress, he is not going to let immigration legislation go through Congress until everyone has a chance to give their opinion.

“And I am not going to let any immigration legislation go through Congress unless I think it represents the will of the majority,” he said.

Secondly, Sablan said “the political reality is that any immigration legislation faces an uphill battle in Congress.”

“Whether you like the recommendations or you don't like them - as President Obama said on Friday-Congress lacks 'the appetite' for immigration legislation this year,” said Sablan, responding to Saipan Tribune questions.

He, however, said that Congress has to have a “very serious and level-headed discussion about the future of foreign workers in the Marianas.”

“We need a labor force for our economy. We need consumers in our economy. Can we really afford to send all 20,000 foreign workers home?” he asked.

Sablan also cited Fitial's statements to the media in December stating that he won't oppose the federal government's granting of “green cards” to alien workers should the federal government decides to do so.

“Well, as you know the governor said months ago that he is not opposed to green cards. And now the Secretary of the Interior is agreeing with the governor on that,” he added.

'Weaknesses'

Sablan said the Interior report has some “serious weaknesses.”

“In many ways its recommendations are just a list of options. So that's not very helpful. Then there is the problem of forecasting how many workers our economy will need in the coming years. Interior interviewed 10 businesses and concluded we would need 15 percent more workers than we have now. That's a pretty weak analysis. Giving all foreign workers green cards-which the governor says is okay-is one end of the spectrum. The other end is to do nothing and let foreign workers be zeroed out,” he said.

The delegate said most people would probably like to see something between those two extreme positions.

“This is why we have a transition period: to allow time for all of these questions to be answered. But we do have to start a serious discussion. The situation calls for some real leadership despite that the issue is messy, difficult, and requires compromise,” he said.

Washington, DC hearing

Demapan said Fitial also “hinted” that he may be attending a hearing in Washington, D.C. on May 18 to be conducted by the U.S. House Subcommittee on Insular Affairs, Oceans and Wildlife chaired by Guam Delegate Madeleine Z. Bordallo.

Bordallo's subcommittee will hold an oversight hearing on the implementation of the federalization law in the CNMI.

Fitial is likely to use the occasion to present the CNMI government's unified position on the Interior report and recommendation.

Bordallo invited CNMI officials to attend the hearing or submit testimony.

Sablan said he will also try to hold a field hearing in the CNMI-“probably in early 2011 so people have more opportunity to express their feelings.”

Senate President Paul A. Manglona (R-Rota), who was among those invited to the Washington, D.C. hearing, said he would rather submit a testimony which will incorporate the position statement on the Interior report that the CNMI Senate is expected to come up with by next week.

House Speaker Froilan C. Tenorio (Cov-Saipan) said Fitial can submit his own comments to Congress, but his plan of coming up with a unified CNMI government position after meeting with other top officials will be better.

But Tenorio said Interior only did what it was required to do-to submit a report on the status of alien workers by a set deadline.

U.S. Public Law 110-220 or the federalization law gives the Interior until May 10, 2010, to submit the report. It contains data on the alien population in the CNMI, as well as recommendations for long-term status for the alien population.

Interior recommends that thousands of alien workers who have lawfully resided in the CNMI for a minimum of five years be allowed to apply for long-term status under the Immigration and Nationality Act.

Tenorio, just like other lawmakers, said he has yet to decide whether to support the Interior recommendations on the status of aliens in the CNMI.

Manglona, for his part, commended the governor for trying to reach out to other leaders to come up with a unified position on the Interior report and recommendation.

He said he also asked all the other senators to carefully read the Interior report so that the Senate can also come up with a position paper as early as next week.

“We may also introduce a resolution on our position,” said Manglona.

House Minority Leader Diego T. Benavente (R-Saipan) said the group will meet today to discuss, among other things, the Interior report.

'Railroaded'

Demapan said the Fitial administration “is deeply disappointed by the lack of consultation and the actions of DOI in submitting the recommendations to Congress six hours before local leaders had a chance to see its contents for the first time.”

Assistant Interior Secretary for Insular Affairs Tony Babauta said that Interior submitted the report to Congress toward the close of business hours on Thursday in Washington, D.C. or about 8am on Saipan on Friday.

At 2pm last Friday, Babauta met with Lt. Gov. Eloy S. Inos and other CNMI officials to personally present copies of the Interior report.

Babauta said Interior had consulted with CNMI officials. He also said the CNMI can submit comments to the Congress.

Demapan said the CNMI was not afforded the opportunity to review a draft report nor offer alternative recommendations that would reflect the concerns of the government and the local community.

“The administration finds it appalling that the process was pretty much railroaded. Moreover, the administration has called into question the supporting data used by DOI to issue such recommendations. It is quite disappointing that the feedback of 10 business entities was used as the basis that would determine the economic future of the CNMI in terms of addressing the fate of alien workers in the Northern Marianas,” he said.

He said in view of Interior's action, Fitial will call for a leadership meeting to include elected leaders such as members of the Legislature and the mayors.

Fitial will also include in the meeting the heads of the Department of Labor, Department of Commerce, the Marianas Visitors Authority, and Office of the Attorney General.

“The governor and lieutenant governor want to ensure that through a meeting of the minds with our islands’ leaders, a comprehensive consensus will be attained in charting how best we can make the concerns of our islands heard in halls of the U.S. Congress,” Demapan said.