Sunday, December 13, 2009
Local
Saturday, December 12, 2009

Q&A
UMBRELLA PERMITS

Question: What will be the function of the CNMI Department of Labor under federalization?

Answer: The CNMI Department of Labor will continue to perform its functions as prescribed by CNMI law except those directly concerned with the process of actual entry into the Commonwealth and the process of actual deportation from the Commonwealth.

With respect to the entry of foreign workers, in the past, the department approved applications for entry that were forwarded to the Division of Immigration for action. The function of allowing entry to the Commonwealth now rests with USCIS.

With respect to the deportation of foreign workers, in the past, the department referred to the Division of Immigration those who did not comply with repatriation orders. The department will continue to assist workers with voluntary repatriation and obtain repatriation tickets from the last employer of record. However, those who do not comply with repatriation orders will be referred to the federal Immigration and Customs Enforcement agency for deportation.

With respect to other functions-including approval of applications, requirements with respect to medical expenses and bonding of wages and other expenses, transfers, investigations, hearing of disputes, and revocation of permits-the department will continue to function as it has in the past.

Q: Will the Department of Labor issue any additional umbrella permits?

A: No umbrella permits will be issued after Nov. 27, 2009. The federal law recognizes all CNMI umbrella permits issued through Nov. 27, 2009 and not thereafter.

Q: If a person's name is on a list on the department's Web site as eligible for an umbrella permit, will the department issue it?

A: No umbrella permits will be issued after Nov. 27, 2009.

Q: If a permit was printed for a person, but that person did not pick up the permit for some reason, will the department issue it?

A: No. The printing of permits is different from the issuance of permits. A permit is “issued” when the holder of the permit appears in person on or before Nov. 27, 2009, presents acceptable identification, and signs and dates the permit before a Labor Department staff member who also signs and dates the permit.

Q: What happens to a person who holds a valid permit but who did not pick up an umbrella permit?

A: Any person who held a valid permit on Nov. 27 may stay in the Commonwealth and work until the expiration of that permit.

Q: Did the department issue umbrella permits to any overstayers?

A: The department issued permits to persons who did not have currently valid work permits if they were not on any overstayer list certified to the Immigration Division, filed an application on a form provided by the department at the Administrative Hearing Office, and met the criteria in the Governor's Protocol issued in September 2009.

Q: What about persons who might meet the Governor's Protocol criteria who applied to the Attorney General instead of the Labor Department?

A: Persons on certified overstayer lists were not qualified for an umbrella permit under any circumstances unless they received a waiver from the Immigration Division. Once an overstayer list is published, and opportunity is given for persons named on the list to appear at Labor and clear up their record, the names of all persons who appear are deleted from the list and the names of all persons who do not appear remain on the list. The department certifies quarterly overstayer lists to the Immigration Division. Thereafter, the department will not take action as to an overstayer without a waiver from the Immigration Division. When waivers were granted by the Immigration Division, the department considered these overstayers under the same criteria as overstayers who were not on a certified list.

Q: What happens to the overstayer who did not get an umbrella permit?

A: The CNMI Labor Department will assist overstayers to obtain repatriation tickets from the last employer of record and to depart voluntarily. Under a voluntary repatriation, the person may remain eligible to enter the U.S. in the future if they comply with federal immigration law.

Overstayers who do not comply with voluntary repatriation will be referred to the Immigration and Customs Enforcement agency. Only the federal government can deport people. A person who is deported may not be eligible to enter the U.S. in the future.

Q: What is the report-back date on the umbrella permits?

A: The report-back date is the last date on which some necessary action must be taken to keep the umbrella permit in force. For holders of valid work permits, the report-back date is the date on which the work permit expires and a renewal or transfer should be in process. For those whose applications were in process when the umbrella permit was issued, the report-back date is the last date to correct deficiencies or appeal denials. For those with cases or claims, the report-back date is a date by which the matter is expected to be resolved. If the matter is not resolved by that date, a new report-back date will be set. For those who are seeking work, the report-back date is the date by which an employer intent form must be filed.

Q: Are all holders of umbrella permits allowed to register with Employment Services in order to seek work?

A: All holders of umbrella permits may register when they are seeking work except those who hold umbrella permits under a claim of pending case, pending appeal, or pending claim under an administrative order for unpaid wages. Those with pending cases, appeals, and claims may be authorized to seek temporary work, but when the case, appeal, or claim is completed, the basis for remaining in the Commonwealth may end. Those who have unpaid wage claims that are determined by the Attorney General to be uncollectible may register to seek permission to transfer to a new employer.

Q: When are those who hold umbrella permits and are seeking work required to register with Employment Services?

A: Anyone holding an umbrella permit and seeking work who has already registered with Employment Services is not required to re-register unless ordered to do so by a Hearing officer. An Employer Intent Form must be filed before the report-back date.

Anyone holding an umbrella permit and seeking work who has not yet registered with Employment Services must register before the report-back date on their umbrella permit and file an Employer Intent Form before the report-back date.

Q: How will the temporary handwritten umbrella permits be handled?

A: Temporary permits were issued in some cases because the computer system did not have a sufficient photo image or there was some other problem with the record from which the umbrella permits were printed. Temporary permits all carry a report-back date of January 15, 2009. From December 15, 2009 through January 15, 2009, the holders of temporary permits may report to Labor Processing to pick up their permanent permit with their picture on it. Those who have no photos on file will be asked to supply a passport-sized photo.

Q: Is an employer allowed to renew a worker who has an umbrella permit?

A: Yes, if a worker has an umbrella permit, the worker can be renewed under the department's normal processes.

Q: Is an employer allowed to renew a worker who does not have an umbrella permit but still has a valid work permit?

A: A worker without an umbrella permit can be renewed if the worker has time left on his or her regular work permit. So, for example, if the application was filed by the employer in December 2009, and the worker's permit does not expire until June 2010, then the worker can be renewed for the period until the worker's permit expires in June 2010.

Q: Is an employer allowed to renew a worker who does not have an umbrella permit and does not have a valid work permit?

A: Yes, but only if the application was filed by the employer on or before November 27, 2009 and was in process on November 27, 2009. If the worker's permit expired but the worker was still eligible to be renewed under normal department processes, then the renewal filed on or before November 27 will proceed as usual. The worker will get whatever period of time the employer applied and paid for (one year, two years, etc.)

Q: Is a worker allowed to transfer to a new employer if the worker has an umbrella permit?

A: Yes, under the department's normal processes.

Q: Is a worker allowed to transfer if the worker does not have an umbrella permit?

A: A worker without an umbrella permit can transfer if the worker has time left on his or her regular work permit. So, for example, if the application was filed by the employer in December 2009, and the worker's permit does not expire until June 2010, then the worker can transfer and work until the worker's permit expires in June 2010. In addition, if the employer's application with respect to the worker was in process on November 27, the worker will be allowed to transfer for whatever period the employer applied and paid for.

Q: Is an employer allowed to employ a worker under a transfer if the worker does not have an umbrella permit and does not have a valid work permit?

A: Yes, but only if the application was filed by the employer and there was a conditional grant of transfer on or before November 27, 2009. The worker will get whatever period of time the employer applied for (one year, two years, etc.)

Q: When will the department start issuing plastic cards again?

A: On December 15, 2009, after all of the records for the umbrella permit process have been put into the department's computer system.

Q: Where do IRs report for their annual registration now that the Immigration Division is gone?

A: Immediate relatives of U.S. citizens register with the Office of the Attorney General. Immediate relatives of aliens register with the Department of Labor.

Q: What about 240P permits and refugees?

A: The Attorney General handles those matters.

Q: Who revokes umbrella permits?

A: An umbrella permit issued by the Labor Department will be revoked, if necessary, by the Labor Department. An umbrella permit issued by the Commerce Department will be revoked, if necessary, by the Commerce Department. An umbrella permit issued by the Immigration Division will be revoked, if necessary, by the Office of the Attorney General, except for umbrella permits issued to immediate relatives of aliens, which will be handled by the Labor Department.

The department will follow the same process it uses for revoking any permit. The Director of Labor will petition the Hearing Office to revoke the permit. The Hearing Office will hold a hearing to determine whether the permit should be revoked. A Hearing Officer will issue an order either revoking the permit or leaving it in force. Thereafter, parties will have an opportunity to appeal to the Secretary, and a further judicial review in the Commonwealth Superior Court.

Q: What happens to workers whose appeals are decided after they get their umbrella permits?

A: The umbrella permit allows a worker to stay and pursue an appeal. If the appeal is successful, then the umbrella permit remains in effect and the order will allow the worker to re-register and pursue a transfer. If the appeal is denied, then the order will deal with the umbrella permit.

Q: What happens to workers whose cases are decided after they get their umbrella permits?

A: The umbrella permit allows a worker to stay and pursue a case. If the case is successful, then the umbrella permit remains in effect. If the hearing officer dismisses the claims or finds against the worker, the order will deal with the umbrella permit.

Q: What data will be issued about the umbrella permit program?

A: Data on the umbrella permit program will be available after the Department reconciles its digital records. The data will be available in the Department's year-end annual report to the Legislature.

Source: CNMI Department of Labor