Huge boom in ‘sponsorship industry’

The processing of Commonwealth-only status for foreign workers has given rise to a huge boom in a “sponsorship industry” where workers pay their own fees for employment services without a promise of a job—a situation that has been happening long before the federal government took over the islands’ immigration system, according to immigration lawyer Maya Kara.

“I know the feds are paying attention to it. How much attention they are going to pay to it, how much enforcement efforts they’re going to throw in that direction remains to be seen. I hope they do because some of the things that we’ve seen going on are really ugly,” said Kara yesterday.

Kara and husband Bruce L. Mailman were among the presenters at the conference sponsored by the Society for Human Resource Management – NMI Chapter, dubbed “HR: Navigating through Change” held at the Pacific Islands Club Charley’s Cabaret.

In an interview, Kara believes that her perception is “a fairly reliable one,” having served the local government for 17 of her 23 years on Saipan. She served in different capacities, including as a former attorney general and a hearing officer at the Department of Labor.

“As a hearing officer, I saw sponsorship schemes day in and day out…it was just real apparent to me, how much of it was going on,” said Kara.

Kara described the enforcement of labor laws in the Commonwealth before federalization as “so lax,” where no one bothered with foreign workers who did not have permits. “That’s probably how we ended up with this large, unemployed foreign population.”

Given the “CW crunch” and the late release of the parole-in-place option for these undocumented foreign workers, Kara said they had to scramble for a status and those who did not have any other option resorted to being processed by newly formed businesses that require workers to pay for the fees before they are applied for a CW status.

Kara said unemployed foreign workers “are being exploited mercilessly” through sponsorship schemes.

“What I’m angry about sponsorship is that it’s a matter of preying on the most vulnerable segment of society for pure financial motive,” she told Saipan Tribune. “Rip off the people who are desperate, basically. To me, that’s just wrong.”

While many had hoped that the sponsorship industry will go away with the federal takeover, Kara emphasized that “it’s alive and well.”

“I’m hoping USCIS will weed it out but it’s going to take them awhile because these adjudicators are in California and they don’t really understand the CNMI reality,” said Kara, adding that she believes they will “go pretty easy” and “lenient” on CW applications on the first year.