Probe sought on illegal hiring practices

Managers,” “accountants,” “industrial engineers,” and “teachers” are being hired for the CNMI’s minimum wage of $5.05 an hour, the same rate offered to “commercial cleaners” and “administrative assistants” despite stark differences in the nature of these jobs.

Other employers impose requirements that don’t seem to match the job or the salary offered-they either inflate or deflate the qualifications. For example, “commercial cleaners” are required to have at least 20 years experience.

These are just examples of the thousands of job vacancies advertised in different media-newspapers, television, radio, and online-since September to comply with the law that employers must try to hire U.S. workers first before filling up these vacancies with foreign workers.

Delegate Gregorio Kilili Sablan (Ind-MP) said yesterday that he has already spoken to U.S. Citizenship and Immigration Services representatives and “have asked that they investigate any legitimate allegations of companies violating hiring preferences under U.S. law.”

The Fitial administration and other lawmakers claim that some employers are “intentionally making it difficult” for U.S. workers to be hired for jobs they could qualify.

Rep. Tony Sablan (R-Saipan) and two other House members also pre-filed yesterday a resolution asking Gov. Benigno R. Fitial and Delegate Sablan to request USCIS and the U.S. Attorney’s Office “to look into reports of possible violations of U.S. Public Law 110-229 by CNMI employers.” That law placed CNMI immigration under federal control.

“Some employers.are inflating job qualifications with very low hourly wages. Some employers are implementing job interviewing processes intended to ensure that U.S. worker applicants are rejected,” Rep. Sablan said in his House Resolution 17-75.

Rep. Sablan, a former CNMI immigration director, will be introducing his resolution in today’s House session.

Delegate Sablan said that “hiring preference should not be used as a tool to harass law-abiding companies, but it is equally important that the letter and the spirit of the law be honored and that qualified United States workers be first considered for any job to be filled by a CW worker [Commonwealth-only worker].”

He said employers are going to need to attest to federal officials that no qualified U.S. workers are available to fill any position for which a CW worker is sought.

“Signing a fraudulent attestation or otherwise not complying with Public Law 110-229 could subject an employer to severe consequences. I expect that the appropriate authorities will work to enforce all applicable federal laws and regulations,” Delegate Sablan told Saipan Tribune.

Press secretary Angel Demapan said the Fitial administration, through the CNMI Department of Labor, has already come out publicly to forewarn employers that they should not be “inflating” minimum qualifications in an attempt to prevent U.S. citizens from qualifying for available jobs.

Demapan said the governor has yet to see Rep. Sablan’s newly pre-filed resolution “but this is certainly a matter that he is concerned about.”

“The administration has been a strong advocate of job creation for U.S. citizens and will certainly look further into such questionable practices that are alleged to be taking place,” he said.

Rep. Fred Deleon Guerrero (Ind-Saipan), in a separate interview, said employers who are circumventing local and federal laws should be dealt with.

Deleon Guerrero, chair of the House Committee on Foreign and Federal Relations, said his office is also open to those who feel they have been a victim of unnecessary job qualifications imposed by employers.

‘Registration system’

Rep. Sablan’s resolution also asks the governor to order the CNMI Department of Labor to set up a registration system for U.S. citizens who have submitted job applications for available job positions advertised by CNMI employers.

He said this information should be made available to USCIS “to ensure that U.S. citizen job applicants are not unjustly denied employment opportunities” in violation of the intent of P.L. 110-229.

HR 17-75 says PL 110-229 intends to phase out nonresident employees and allow U.S. workers to fill skilled, professional, and other specialized positions within the CNMI.

It says any employer found in violation of PL 110-229 “shall be penalized to the fullest extent allowed by law.”

Both the CNMI departments of Labor and Commerce recently held separate job fairs for U.S. workers, bringing together in one place all private employers needing new or additional workers so that U.S. workers can apply for these jobs. Hundreds participated in these job expositions.