DHS to Issue One Other NMI Federalization Rule in March

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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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