Fitial, Kilili want extension of transitional worker program

Gov. Benigno R. Fitial and Delegate Gregorio Kilili Sablan (Ind-MP) will be pushing for an extension of the transitional worker program beyond Dec. 31, 2014, saying the CNMI economy will still need foreign workers who may not necessarily be qualified to convert to an H1B status, for example, throughout the transition period.

The federalization law brings down to “zero” the number of transitional workers by the end of 2014 from a cap of 22,416 in fiscal year 2012.

Fitial said he will “of course” request the U.S. Labor Secretary to extend the transitional worker program.

Sablan, in a separate interview, said he will support Fitial’s request so long as the CNMI sees reasonable reliance on nonresident workers whose jobs won’t still be filled by the local labor pool.

“We will get the extension. There’s a good reason to request for an extension past 2014. The extension should not be more than five years,” Sablan told Saipan Tribune yesterday.

He said he has discussed this with the U.S. Department of Labor and the U.S. Department of the Interior, as well as gotten the support of a U.S. Senate member.

“But the governor needs to ask for it. I will support his request for extension,” Sablan added.

Under U.S. Public Law 110-229, only the U.S. Labor Secretary has the authority to extend the transitional worker program, if it is determined that current and anticipated labor needs justify such an extension to ensure adequate employment in the CNMI.

Fitial and Sablan said there will still not be enough workers from the U.S. workers pool to fill all the jobs currently held by foreign workers.

Unless the program is extended, transitional workers or those who will be granted a Commonwealth-only worker (CW) status must adjust or change status under the U.S. Immigration and Nationality Act if they want to remain legally in the CNMI or they will become subject to removal.

However, employers and employees have been saying that if the workers are only eligible for a CW status now, there is slim possibility that they could change their circumstances to become eligible for an INA status or visa like an H1B visa by the end of 2014.

“I did everybody a favor because the intent of Public Law 110-229 is to wipe out every single nonresident worker from the Commonwealth. I did not like that. That’s why I submitted my own issues to USCIS, Homeland Security, to make sure that my economy does not get wiped out. I need workers,” Fitial said in an interview after signing four proclamations on Capital Hill yesterday morning.

The governor said he “will never recommend something that is not right and to zero out my nonresident workforce, that is not right.”

With both the governor and the delegate on the same page on the issue, there could be a better chance to extend the transition period.

The release of the final regulation governing foreign workers in the CNMI on Sept. 7 has people adjusting to the realities of a transitional worker program.

The rule creates a CW status that will allow foreign workers to remain in the CNMI until the end of the transition period on Dec. 31, 2014.

Of particular importance is the requirement that a foreign worker should already have a CW permit-or their application should already be in process-by Nov. 27, 2011, or they will face deportation.

That gives employers barely weeks to apply for CW permits for all their foreign employees.

DHS’ U.S. Citizenship and Immigration Services officials led by district director David Gulick hosted at least 43 outreach sessions on the CW rule, with close to 4,000 participants.