Worker rule ignites concerns

Starting Oct. 7, employers in the CNMI can start petitioning their employees for a Commonwealth-only worker status that would allow them to remain in the CNMI at least until Dec. 31, 2014, but the final rule for these transitional workers has drawn varied concerns that include deportation, rejection of applications, travel restrictions, and loss of status for immediate relatives of U.S. and Freely Associated States citizens.

This early, employers have difficulty deciding whether to petition their foreign workers for a CW status or any other nonimmigrant or immigrant classification under the Immigration and Nationality Act such as an H or L visa.

For an “accountant” position in the CNMI, for example, there’s no definite policy whether it should be applied for a CW or an H visa status.

In the CNMI, the term “accountant” is used broadly, even for positions that are more for bookkeepers or cashiers, for example, and do not necessarily have at least a bachelor’s degree in accounting.

And with an estimated 1,000 private domestic household workers who are not eligible for a CW status, some of them also include those working at hotels but are also called “maids” or “domestic helpers.”

Only businesses, including manpower agencies, can hire aliens as caregivers and for other kinds of household work.

Moreover, while Gov. Benigno R. Fitial is pleased with the final rule published in the Sept. 7 Federal Register, Delegate Gregorio Kilili Sablan is disappointed with it, saying it does not help U.S. citizens who need jobs.

United Workers Movement-NMI president Rabby Syed and Marian Aldan-Pierce of the Marianas Visitors Authority and DFS Saipan also raised concerns about the fate of immediate relatives of U.S. and FAS citizens.

These are among the people that the CNMI’s nonvoting delegate to the U.S. Congress is trying to help with his pending H.R. 1466.

But the U.S. Citizenship and Immigration Services hopes that a closer review of the CW rule, as well as the question-and-answer sheet, would help ease many of these concerns.

David Gulick, district director for USCIS Honolulu District 26, urged the public yesterday to also go over the discussion of the comments submitted, which is part of the final rule.

Gulick went over the highlights of the final rule and answered a host of questions about the final rule during a news conference at the USCIS office in Garapan yesterday afternoon.

A foreign worker may be eligible for CW status if he is ineligible for a nonimmigrant or immigrant classification under the Immigration and Nationality Act.

Gulick said that CNMI employers should by now already start applying for an H, L, or any other visas for their employees whom they believe won’t qualify for a CW status.

Some employers in the CNMI have already started petitioning their professional employees for H, L, and other visas.

The number of CW visas available for fiscal year 2012 is capped at 22,416.

The CW visa classification is valid only in the CNMI and provides no basis for travel or work in any other part of the United States, except for Philippines nationals who may travel between the Philippines and the CNMI through the Guam airport.

The final rule also provides for the grant of derivative CW status to spouses and minor children of CW workers.

Only employers meeting certain requirements are eligible to petition for a CW worker. They include only those conducting a legitimate business, defined as a “real, active and operating” commercial or entrepreneurial undertaking, or is a governmental, charitable, or other validly recognized nonprofit entity.

These employers can only petition for a CW worker if they have already considered all available U.S. workers for the position.

Eligible employers have to file a Form I-129CW and pay a $325 fee for such form, and pay the mandatory CNMI education funding fee of $150 per beneficiary.

This also requires a biometric fee of $85 if the worker is located in the CNMI. This will be based on the employer and employee’s agreement as to who will shoulder this cost.

Parole, advance parole

Syed said the UWM-NMI hopes that USCIS will continue to require the parole and advance parole for workers with CW status.

Gulick said those granted CW status will not have to apply for an advance parole (which costs $360) to be able to re-enter the CNMI.

However, these workers with CW status will have to secure a CW visa from a U.S. Embassy or Consulate from their country of origin, to be able to re-enter the CNMI after a vacation in a non-U.S. area.

There’s no guarantee that even if a worker has been granted a CW status, he will also get a CW visa. The CW visa fee will have to be paid by the worker with CW status.

Syed said this is causing foreign workers to think twice about going on vacation, because they won’t be able to return to the CNMI if their CW visa application is rejected, even if they have a legal job in the CNMI.

He said it would be worse for those who have to exit the CNMI because of an emergency back home.

Syed said that foreign workers would find it more convenient to secure an advance parole before temporarily exiting the CNMI, rather than try their luck with a CW visa application that may be rejected.

Gulick said USCIS will have more information later about the travel requirements for those who will be approved a CW status and wanting to travel for vacation from the CNMI to the U.S. mainland or Guam.

The USCIS official reiterated that there won’t be mass deportation.

Foreign workers, however, who do not have jobs or who do not have employers by Nov. 27, 2011, could face deportation.

For more information about the CW final rule, visit http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=378603dca1042310VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD.

A USCIS outreach team will be arriving in the CNMI to conduct presentations about the CW rule starting on Sept. 20. Those who want to request for sessions are urged to email the USCIS through Darlene Kutara at darlene.kutara@dhs.gov.