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.
Back to top Email This Story Print This Story
Showing posts with label Department of Homeland Security. Show all posts
Showing posts with label Department of Homeland Security. Show all posts
Thursday, September 16, 2010
Sunday, March 21, 2010
Local
Monday, March 22, 2010
'Omnibus immigration bill does not violate federal laws'
'Employers who hire aliens without umbrella permit may be violating CNMI, US laws'
By Haidee V. Eugenio
Reporter
Gov. Benigno R. Fitial's special legal counsel, Howard P. Willens, has said that no federal law affects the CNMI Legislature's ability to enact the omnibus immigration bill that the House and the Senate passed on Friday during back-to-back sessions.
Fitial is expected to immediately sign House Bill 17-25, HS1.
Introduced by Rep. Rafael S. Demapan (Cov-Saipan), the Fitial administration-sponsored omnibus immigration bill asserts CNMI control over nonresident workers, and converts the mandatory 20- to 30-percent local hiring preference into a floating benchmark.
The over 70-page bill seeks to conform the Commonwealth Code to the requirements of the federalization law, Title VII of U.S. Public Law 110-229, with respect to federal control of immigration and deportation.
Willens, in a memorandum for the governor dated March 18, said the Consolidated Natural Resources Act or the federalization law does not preempt the CNMI from administering and revoking the CNMI immigration status of aliens lawfully present on the islands on Nov. 28, 2009, during the CNRA's two-year transition period.
He agreed with Attorney General Edward T. Buckingham's legal opinion basically reaching this conclusion.
Deputy Labor Secretary Cinta M. Kaipat, in a three-page statement to the Legislature on Friday, said most of the provisions of the bill simply remove provisions with respect to immigration and deportation from various sections of the Commonwealth Code without changing the substance of the remaining provisions of those laws.
But during Friday's session, House Minority Leader Diego T. Benavente (R-Saipan) and other Republicans took turns questioning the legality and urgency of the bill, adding that the measure may only be advancing Fitial's agenda “that the federal government is wrong; that we control labor, not the federal government.”
Buckingham and House legal counsel John Cool assured House members that the bill is legal and does not violate federal laws.
Willens, in his memo, also said that the preemption provision of the CNRA does not bar all legislation by the CNMI regarding its workforce either before or after the two-year transition period.
He said none of the provisions of the local omnibus immigration measure affects or unduly burdens the authority of the U.S. Department of Homeland Security to implement its standard visa program, to issue regulations providing for a transitional worker program as directed by the CNRA, or to remove those aliens no longer authorized to remain in the CNMI.
“As amply documented in the Opinion of the Attorney General, the CNRA does not expressly or implicitly preempt local CNMI laws dealing with employment practices pursuant to the Commonwealth's authority over intrastate commerce and its police power. There is nothing in the language of the CNRA or its legislative history that suggest otherwise,” Willens said.
'Premature, inaccurate'
Willens also described as “premature and inaccurate” the contention that enactment of the omnibus bill will violate other federal laws.
He said Federal Labor Ombudsman Pamela Brown, one of the opponents of the local bill, has suggested that its enactment will violate federal laws other than the CNRA.
Brown cited the Illegal Immigration Reform and Immigration Responsibility Act of 1996, and the Immigration Reform Control Act of 1986.
“The first of these two laws appears entirely irrelevant to the issues now before the Legislature,” Willens said.
The second law, he said, makes illegal the knowing hiring or recruiting of illegal immigrants who do not possess a lawful work authorization under the federal immigration laws.
He said some state laws have recently been challenged under this law requiring an interpretation of the preemption provision.
Kaipat, in her statement, said Brown's short legal opinion on the subject “is wrong.”
“This is not an area of Ms. Brown's concern as federal ombudsman. So far as we know, no one at Homeland Security has asked her to take these confrontational actions in the Commonwealth,” she added.
'Employers may be in violation of laws'
In his four-page memo to Fitial, Willens said in the first place, the CNMI Legislature clearly has the authority to update its laws in light of the preemption provision of the CNRA and to reaffirm the authority contained in that federal law to enforce the umbrella permits until Nov. 27, 2011.
“Employers who elect to hire employees who lack an umbrella permit may be at risk of violating both CNMI and federal laws during this transitional period until Nov. 27, 2011,” Willens said in a footnote in his memo.
He said looking further ahead, the CNMI will be free to consider alternative means of regulating its workforce in light of all applicable laws.
“The clear direction of the CNRA is that United States citizens are to be favored for employment (and all foreign workers who cannot qualify under the federal system for a visa must be removed by the end of 2014),” Willens told Fitial.
He added that the provision regarding preferences for U.S. citizens in the legislation appears appropriate and lawful under both the CNRA and the 1986 Immigration and Control Act.
Kaipat, for her part, said the local measure is not limited to a two-year time horizon.
“The Commonwealth has the power, like any state, to legislate with respect to the terms and conditions of employment in the Commonwealth. This legislation will last for as long as there is employment in the Commonwealth or until the Legislature amends it,” she said.
If enacted, the omnibus bill amends parts of Public Law 15-108, or the Commonwealth Employment Act of 2007. It will delete all regulations of the defunct CNMI Division of Immigration and “move any necessary language over to the labor regulations.”
She added that another key provision of the bill is the reorganization of CNMI Labor, so that the department “can address more effectively the problems of promoting citizen employment.”
Monday, March 22, 2010
'Omnibus immigration bill does not violate federal laws'
'Employers who hire aliens without umbrella permit may be violating CNMI, US laws'
By Haidee V. Eugenio
Reporter
Gov. Benigno R. Fitial's special legal counsel, Howard P. Willens, has said that no federal law affects the CNMI Legislature's ability to enact the omnibus immigration bill that the House and the Senate passed on Friday during back-to-back sessions.
Fitial is expected to immediately sign House Bill 17-25, HS1.
Introduced by Rep. Rafael S. Demapan (Cov-Saipan), the Fitial administration-sponsored omnibus immigration bill asserts CNMI control over nonresident workers, and converts the mandatory 20- to 30-percent local hiring preference into a floating benchmark.
The over 70-page bill seeks to conform the Commonwealth Code to the requirements of the federalization law, Title VII of U.S. Public Law 110-229, with respect to federal control of immigration and deportation.
Willens, in a memorandum for the governor dated March 18, said the Consolidated Natural Resources Act or the federalization law does not preempt the CNMI from administering and revoking the CNMI immigration status of aliens lawfully present on the islands on Nov. 28, 2009, during the CNRA's two-year transition period.
He agreed with Attorney General Edward T. Buckingham's legal opinion basically reaching this conclusion.
Deputy Labor Secretary Cinta M. Kaipat, in a three-page statement to the Legislature on Friday, said most of the provisions of the bill simply remove provisions with respect to immigration and deportation from various sections of the Commonwealth Code without changing the substance of the remaining provisions of those laws.
But during Friday's session, House Minority Leader Diego T. Benavente (R-Saipan) and other Republicans took turns questioning the legality and urgency of the bill, adding that the measure may only be advancing Fitial's agenda “that the federal government is wrong; that we control labor, not the federal government.”
Buckingham and House legal counsel John Cool assured House members that the bill is legal and does not violate federal laws.
Willens, in his memo, also said that the preemption provision of the CNRA does not bar all legislation by the CNMI regarding its workforce either before or after the two-year transition period.
He said none of the provisions of the local omnibus immigration measure affects or unduly burdens the authority of the U.S. Department of Homeland Security to implement its standard visa program, to issue regulations providing for a transitional worker program as directed by the CNRA, or to remove those aliens no longer authorized to remain in the CNMI.
“As amply documented in the Opinion of the Attorney General, the CNRA does not expressly or implicitly preempt local CNMI laws dealing with employment practices pursuant to the Commonwealth's authority over intrastate commerce and its police power. There is nothing in the language of the CNRA or its legislative history that suggest otherwise,” Willens said.
'Premature, inaccurate'
Willens also described as “premature and inaccurate” the contention that enactment of the omnibus bill will violate other federal laws.
He said Federal Labor Ombudsman Pamela Brown, one of the opponents of the local bill, has suggested that its enactment will violate federal laws other than the CNRA.
Brown cited the Illegal Immigration Reform and Immigration Responsibility Act of 1996, and the Immigration Reform Control Act of 1986.
“The first of these two laws appears entirely irrelevant to the issues now before the Legislature,” Willens said.
The second law, he said, makes illegal the knowing hiring or recruiting of illegal immigrants who do not possess a lawful work authorization under the federal immigration laws.
He said some state laws have recently been challenged under this law requiring an interpretation of the preemption provision.
Kaipat, in her statement, said Brown's short legal opinion on the subject “is wrong.”
“This is not an area of Ms. Brown's concern as federal ombudsman. So far as we know, no one at Homeland Security has asked her to take these confrontational actions in the Commonwealth,” she added.
'Employers may be in violation of laws'
In his four-page memo to Fitial, Willens said in the first place, the CNMI Legislature clearly has the authority to update its laws in light of the preemption provision of the CNRA and to reaffirm the authority contained in that federal law to enforce the umbrella permits until Nov. 27, 2011.
“Employers who elect to hire employees who lack an umbrella permit may be at risk of violating both CNMI and federal laws during this transitional period until Nov. 27, 2011,” Willens said in a footnote in his memo.
He said looking further ahead, the CNMI will be free to consider alternative means of regulating its workforce in light of all applicable laws.
“The clear direction of the CNRA is that United States citizens are to be favored for employment (and all foreign workers who cannot qualify under the federal system for a visa must be removed by the end of 2014),” Willens told Fitial.
He added that the provision regarding preferences for U.S. citizens in the legislation appears appropriate and lawful under both the CNRA and the 1986 Immigration and Control Act.
Kaipat, for her part, said the local measure is not limited to a two-year time horizon.
“The Commonwealth has the power, like any state, to legislate with respect to the terms and conditions of employment in the Commonwealth. This legislation will last for as long as there is employment in the Commonwealth or until the Legislature amends it,” she said.
If enacted, the omnibus bill amends parts of Public Law 15-108, or the Commonwealth Employment Act of 2007. It will delete all regulations of the defunct CNMI Division of Immigration and “move any necessary language over to the labor regulations.”
She added that another key provision of the bill is the reorganization of CNMI Labor, so that the department “can address more effectively the problems of promoting citizen employment.”
Monday, March 15, 2010
Local
Tuesday, March 16, 2010
Fitial hits USCIS; issues own Q&A
AG: CNMI may revoke aliens' immigration status
By Haidee V. Eugenio
Reporter
Gov. Benigno R. Fitial and Lt. Gov. Eloy S. Inos said yesterday that the answers provided by the U.S. Citizenship and Immigration Services on federalization and the extent to which CNMI laws continue to be enforced during the two-year transition period following Nov. 28, 2009 “are not consistent” with the provision of the Consolidated Natural Resources Act.
Attorney General Edward T. Buckingham also issued yesterday a legal opinion stating that the CNRA does not expressly preempt the CNMI from administering and revoking Commonwealth immigration status of aliens during the two-year transition period.
“Indeed, it would be illogical and unjust to allow aliens to remain in the CNMI for up to two years by virtue of their Commonwealth status without a mechanism for administering that status,” Buckingham said in his eight-page legal opinion.
Fitial and Inos pointed out that USCIS has not issued final regulations with respect to foreign workers or foreign investors in the CNMI.
“Instead, USCIS has issued a questions and answers document setting forth their policy views with respect to matters they believe might be subject to federal regulations,” said Fitial and Inos.
USCIS is one of the component agencies of the U.S. Department of Homeland Security.
The Fitial administration's statement came after U.S. Interior Assistant Secretary Tony Babauta defended Federal Ombudsman Pamela Brown's statements at a forum where she stated, among other things, that the CNMI Department of Labor lost its authority to revoke umbrella permits when the federalization law took effect on Nov. 28, 2009.
USCIS also issued this weekend a guidance memorandum that supports Brown's statements on umbrella permits and alien employment issues.
The Fitial administration said the employment of aliens in the CNMI under the CNRA is a shared responsibility of the federal and CNMI governments.
USCIS earlier said this is now a matter of federal law.
Fitial and Inos issued yesterday their own question-and-answers similar to the format issued by USCIS during the weekend, so that the differences between the federal government and the CNMI on federalization issues can be easily understood.
“In addition, many Commonwealth employers already have approved employment contracts in place with the foreign workers they employ. All of these employment arrangements must be honored and cannot be disturbed by federal officials,” they said.
The administration said the preemption provision in the CNRA does not preempt the labor laws of the Commonwealth-broadly defined as those laws regulating the terms of employment between employers and employees, including those specific provisions relating to the employment of foreign workers such as the provision for medical expenses-that do not conflict with any provisions of federal law.
“In short, CNMI can and will exercise the same powers with respect to its workforce as are exercised by the states. The views of the Commonwealth on this preemption issue are set forth more fully in the opinion of the CNMI Attorney General dated March 15, 2010,” Fitial and Inos said.
'Inconsistent'
Fitial and Inos said holders of umbrella permits may not work “for any private employer in the CNMI until Nov. 27, 2011” as asserted by USCIS.
“This is inconsistent with the provisions of CNMI law under which the permits were issued and agreed to by the worker, student, investor, or other recipient of such a permit. In the case of a foreign worker, for example, who received an umbrella permit under category 240K, the worker is required to return to the CNMI Department of Labor in the event that he or she is no longer employed, for whatever reason, and seek permission to pursue other employment within a limited period of time,” they said.
USCIS earlier said in the case of the category 240K Foreign National Worker Permit, aliens are authorized to work for any private sector employer in the CNMI until Nov. 27, 2011.
The Fitial administration said investors are not permitted to work for any private employer, and may work only in the establishment in which they have invested.
It said students may not work for any private employer, but may work only part-time and in accordance with the limitations set out in Commonwealth law and regulations.
'No conflict'
Buckingham said there is no actual conflict between the CNRA and the CNMI's administration and revocation of Commonwealth immigration status during the transition period.
First, it is possible for the CNMI to administer and revoke Commonwealth immigration status without violating the CNRA because the CNRA preserves Commonwealth status, which is dependent on compliance with Commonwealth law, during the transition period.
Second, CNMI administration and revocation of Commonwealth immigration status during the transition period would not be an obstacle to the CNRA's purposes and objectives.
This, according to the attorney general, is because: (1) border security would not be adversely affected; (2) the Commonwealth's foreign national worker program would be phased-out in an orderly manner; (3) federal immigration responsibilities would be phased-in in an orderly manner; (4) potential adverse economic and fiscal effects of phasing-out the Commonwealth's foreign national worker program would be minimized by the orderly transition; and (5) the Commonwealth's potential for future economic and business growth would be maximized by the orderly transition.
Deputy Labor Secretary Jacinta M. Kaipat said earlier that the names of some 300 foreigners are ready to be referred “soon” to the U.S. Immigration and Customs Enforcement for deportation, while some 200 umbrella permits issued to foreigners have so far been revoked.
Tuesday, March 16, 2010
Fitial hits USCIS; issues own Q&A
AG: CNMI may revoke aliens' immigration status
By Haidee V. Eugenio
Reporter
Gov. Benigno R. Fitial and Lt. Gov. Eloy S. Inos said yesterday that the answers provided by the U.S. Citizenship and Immigration Services on federalization and the extent to which CNMI laws continue to be enforced during the two-year transition period following Nov. 28, 2009 “are not consistent” with the provision of the Consolidated Natural Resources Act.
Attorney General Edward T. Buckingham also issued yesterday a legal opinion stating that the CNRA does not expressly preempt the CNMI from administering and revoking Commonwealth immigration status of aliens during the two-year transition period.
“Indeed, it would be illogical and unjust to allow aliens to remain in the CNMI for up to two years by virtue of their Commonwealth status without a mechanism for administering that status,” Buckingham said in his eight-page legal opinion.
Fitial and Inos pointed out that USCIS has not issued final regulations with respect to foreign workers or foreign investors in the CNMI.
“Instead, USCIS has issued a questions and answers document setting forth their policy views with respect to matters they believe might be subject to federal regulations,” said Fitial and Inos.
USCIS is one of the component agencies of the U.S. Department of Homeland Security.
The Fitial administration's statement came after U.S. Interior Assistant Secretary Tony Babauta defended Federal Ombudsman Pamela Brown's statements at a forum where she stated, among other things, that the CNMI Department of Labor lost its authority to revoke umbrella permits when the federalization law took effect on Nov. 28, 2009.
USCIS also issued this weekend a guidance memorandum that supports Brown's statements on umbrella permits and alien employment issues.
The Fitial administration said the employment of aliens in the CNMI under the CNRA is a shared responsibility of the federal and CNMI governments.
USCIS earlier said this is now a matter of federal law.
Fitial and Inos issued yesterday their own question-and-answers similar to the format issued by USCIS during the weekend, so that the differences between the federal government and the CNMI on federalization issues can be easily understood.
“In addition, many Commonwealth employers already have approved employment contracts in place with the foreign workers they employ. All of these employment arrangements must be honored and cannot be disturbed by federal officials,” they said.
The administration said the preemption provision in the CNRA does not preempt the labor laws of the Commonwealth-broadly defined as those laws regulating the terms of employment between employers and employees, including those specific provisions relating to the employment of foreign workers such as the provision for medical expenses-that do not conflict with any provisions of federal law.
“In short, CNMI can and will exercise the same powers with respect to its workforce as are exercised by the states. The views of the Commonwealth on this preemption issue are set forth more fully in the opinion of the CNMI Attorney General dated March 15, 2010,” Fitial and Inos said.
'Inconsistent'
Fitial and Inos said holders of umbrella permits may not work “for any private employer in the CNMI until Nov. 27, 2011” as asserted by USCIS.
“This is inconsistent with the provisions of CNMI law under which the permits were issued and agreed to by the worker, student, investor, or other recipient of such a permit. In the case of a foreign worker, for example, who received an umbrella permit under category 240K, the worker is required to return to the CNMI Department of Labor in the event that he or she is no longer employed, for whatever reason, and seek permission to pursue other employment within a limited period of time,” they said.
USCIS earlier said in the case of the category 240K Foreign National Worker Permit, aliens are authorized to work for any private sector employer in the CNMI until Nov. 27, 2011.
The Fitial administration said investors are not permitted to work for any private employer, and may work only in the establishment in which they have invested.
It said students may not work for any private employer, but may work only part-time and in accordance with the limitations set out in Commonwealth law and regulations.
'No conflict'
Buckingham said there is no actual conflict between the CNRA and the CNMI's administration and revocation of Commonwealth immigration status during the transition period.
First, it is possible for the CNMI to administer and revoke Commonwealth immigration status without violating the CNRA because the CNRA preserves Commonwealth status, which is dependent on compliance with Commonwealth law, during the transition period.
Second, CNMI administration and revocation of Commonwealth immigration status during the transition period would not be an obstacle to the CNRA's purposes and objectives.
This, according to the attorney general, is because: (1) border security would not be adversely affected; (2) the Commonwealth's foreign national worker program would be phased-out in an orderly manner; (3) federal immigration responsibilities would be phased-in in an orderly manner; (4) potential adverse economic and fiscal effects of phasing-out the Commonwealth's foreign national worker program would be minimized by the orderly transition; and (5) the Commonwealth's potential for future economic and business growth would be maximized by the orderly transition.
Deputy Labor Secretary Jacinta M. Kaipat said earlier that the names of some 300 foreigners are ready to be referred “soon” to the U.S. Immigration and Customs Enforcement for deportation, while some 200 umbrella permits issued to foreigners have so far been revoked.
Sunday, December 6, 2009
DHS to re-publish transitional worker program regs
Monday, 07 December 2009 00:00 By Gemma Q. Casas - Reporter
E-mail Print
THE U.S. Department of Homeland Security plans to re-run sometime next year in the Federal Register the regulations for the transitional worker program to comply with the technical rules of the U.S. Administrative Procedures Act and to meet CNMI employers’ need to keep foreign workers who may not be eligible for currently available U.S.-based employment programs.
The interim final regulations for the transitional worker program that would have created the Commonwealth Worker or CW-1 status for a select group of foreign workers in the CNMI remain suspended and so do the regulations for the E-2 foreign investors.
The suspension came about after U.S. District Court for the District of Columbia Federal Judge Paul Friedman ruled in favor of the CNMI’s motion for an emergency injunctive relief against the questioned regulations on grounds that they failed to comply with the U.S. APA that mandates a sufficient public comments period before they are adopted.
The regulations would have taken effect on Nov. 28, 2009, the date when the U.S. Immigration and Nationality Act was applied to the CNMI.
David Gulick, regional area director of the U.S. Citizenship and Immigration Services, an agency under the U.S. Department of Homeland Security, said their department plans to republish in the Federal Register the regulations.
“Sometime in next year, we really can’t say when but hopefully before Nov. 2011,” he said.
He said the program should meet the need of hotels and other local employers to employ housekeepers or cleaners and other categories of foreign workers who may not meet the professional qualifications set-forth in other U.S.-based employment programs such as the H-visas or L-visas.
The transition phase to transfer foreign workers to any U.S.-based employment programs where they may be deemed eligible begins on Nov. 28 and will end on Dec. 31, 2014.
Majority of foreign workers in the CNMI have locally issued labor permits valid through Nov. 27, 2011 only.
Monday, 07 December 2009 00:00 By Gemma Q. Casas - Reporter
E-mail Print
THE U.S. Department of Homeland Security plans to re-run sometime next year in the Federal Register the regulations for the transitional worker program to comply with the technical rules of the U.S. Administrative Procedures Act and to meet CNMI employers’ need to keep foreign workers who may not be eligible for currently available U.S.-based employment programs.
The interim final regulations for the transitional worker program that would have created the Commonwealth Worker or CW-1 status for a select group of foreign workers in the CNMI remain suspended and so do the regulations for the E-2 foreign investors.
The suspension came about after U.S. District Court for the District of Columbia Federal Judge Paul Friedman ruled in favor of the CNMI’s motion for an emergency injunctive relief against the questioned regulations on grounds that they failed to comply with the U.S. APA that mandates a sufficient public comments period before they are adopted.
The regulations would have taken effect on Nov. 28, 2009, the date when the U.S. Immigration and Nationality Act was applied to the CNMI.
David Gulick, regional area director of the U.S. Citizenship and Immigration Services, an agency under the U.S. Department of Homeland Security, said their department plans to republish in the Federal Register the regulations.
“Sometime in next year, we really can’t say when but hopefully before Nov. 2011,” he said.
He said the program should meet the need of hotels and other local employers to employ housekeepers or cleaners and other categories of foreign workers who may not meet the professional qualifications set-forth in other U.S.-based employment programs such as the H-visas or L-visas.
The transition phase to transfer foreign workers to any U.S.-based employment programs where they may be deemed eligible begins on Nov. 28 and will end on Dec. 31, 2014.
Majority of foreign workers in the CNMI have locally issued labor permits valid through Nov. 27, 2011 only.
Subscribe to:
Posts (Atom)
