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Only fraction of alien workers may qualify for H visa—Cinta
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Posted on May 15 2008
Department of Labor Deputy Secretary Cinta M. Kaipat said only a very small fraction of the alien workers presently in the CNMI could possibly qualify for an H visa under the current U.S. rules.
Labor has done an informal study of its records and it appears that well below 10 percent of the foreign workers may qualify, said Kaipat.
H visa is also referred to as temporary workers’ visa. There are several categories of nonimmigrant visas for an individual who wishes to work temporarily in the U.S.
The H visa was among the issues discussed by Kaipat in her interim progress report No. 4 on the implementation of Public Law 15-108 or the labor reform law that she submitted to the Legislature on Wednesday.
“There has been considerable talk about the possibility that the H-visas issued by the U.S. would protect foreign workers currently in the Commonwealth after federalization of immigration takes effect after the next year,” the deputy secretary said.
The former lawmaker explained that H-1 visas require a college degree or equivalent experience, while H-2 visas are available only for temporary work.
She pointed out that Labor knows how many foreign workers have college degrees because they are required to declare their educational background in connection with their arrival in the Commonwealth.
“We can measure the ‘equivalent experience’ (as the U.S. administers that requirement) and it is readily apparent that almost no foreign workers could qualify,” Kaipat said.
The deputy secretary said the only workers who would qualify as “temporary” are construction workers coming in for particular projects, crane operators, and other specialized occupations that come for a short defined period, and dance bands or other entertainment acts that come for a short stay.
Kaipat said all other occupations, including domestic helpers, farmers, and fishermen, are classified as “permanent” by the U.S. and that there are many administrative and court decisions making these rules quite restrictive in their application.
