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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Wednesday, December 22, 2010
Sunday, December 19, 2010
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.
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.
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.
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.
Monday, December 20, 2010 12:00AM By Gemma Q. Casas - Reporter
E-mail Print
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.
Sunday, September 26, 2010
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.
Monday, 27 September 2010 00:00 By Junhan B. Todeno - Reporter
E-mail Print
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.
Thursday, September 16, 2010
'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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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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