USCIS: We take non-compliance seriously

U.S. Citizenship and Immigration Services said the decision by U.S. Department of Homeland Security to remove the Philippines from the H-2B visa program is their way of reminding the countries and its beneficiaries what they are authorized to do if ever one fails to comply with U.S. immigration laws.

USCIS has removed the Philippines, the Dominican Republic, and Ethiopia from the said visa worker program due to the potential for abuse, overstay rates, fraud, human trafficking concerns, and other forms of non-compliance. The DHS’ ban took effect on Jan. 19, 2019 and ends on Jan. 18, 2020.

Their decision was made a few weeks after they also ended the categorical CNMI parole program last December.

USCIS spokesperson Michael Bars, in a statement sent by USCIS public affairs officer Claire K. Nicholson to Saipan Tribune, said their decision posted on the Federal Register wants to make it clear that USCIS wants everyone to follow immigration laws.

“In order for individuals from a particular country to remain eligible for H-2A and H-2B programs, both the country and its beneficiaries working in the U.S. must demonstrate a continued commitment to upholding the integrity of our immigration system, fidelity to our laws, and fundamental respect for human rights and public safety,” said Bars.

“That is why [DHS]takes concerns involving fraud, abuse, denial rates, overstay rates, human trafficking, and other forms of non-compliance seriously. Importantly, the notice makes clear that DHS maintains its authority to add or remove any country at any time if the country fails to meet the requirements for continued designation.”

Nicholson added that the CNMI-Only Transitional Worker visa classification also provided by USCIS also has limitations. “In addition to the strict limitations on construction worker eligibility for the CW-1 program provided by the recent legislation, temporary or seasonal employment positions of any kind for which H-2B workers have been or could be available (from any other country) are not eligible for the CW program.”

The Northern Mariana Islands U.S. Workforce Act of 2018, signed by President Donald Trump last year that extended the CW-1 program up to 2029, has a numerical cap with 13,000 for the current fiscal year. The cap would be slashed by 500 for FY 2020 that begins on Oct. 1 and three more times up to FY 2023. FYs 2024 to 2029 will have a reduction of 1,000 each and by 2030 the numerical cap must only be 1,000.

The H-2A visa are used by foreign nationals to be allowed entry for temporary or seasonal agricultural jobs, while the H-2B is for non-agricultural related work. H-2B visas are used by the CNMI and Guam to hire foreign labor in the construction sector, where both U.S island territories enjoy a no numerical limit on the number of approvals.

Filipinos who are H-2B visa holders, according to DHS, showed a 40-percent rate of going beyond their authorized period of stay for FY 2017 while another 60 percent were determined to have been trafficked to the U.S. using the same visa.

She added that the recent federal government shutdown had little effect on USCIS’ operations when it comes to processing CNMI-related immigration documents except only for the temporary suspension of the e-Verify program. The shutdown ended Friday after White House and Congressional leaders agreed for a temporary spending bill.

Kilili’s take

Delegate Gregorio Kilili C. Sablan (Ind-MP) said both decisions of ending the CNMI parole program and removing the Philippines from the H-2B visa category would cause labor problems in the Commonwealth. “Unfortunately, the Trump administration does have the authority to decide which countries are eligible for H-2B worker visas.”

“Cutting off the Philippines from H-2B is certainly a decision that hurts the Marianas. But, just as with the decision to end humanitarian parole at the end of 2018, the Trump administration does not seem to put much importance in what happens in the Marianas.”

He also asked Gov. Ralph DLG Torres to use his connections with the White House to help the CNMI’s predicament. “I would respectfully ask the governor, who was an early supporter of Mr. Trump and says they are friends, to use his influence to get this decision reversed.”

Sablan added that he would use his senior majority member status in the House Natural Resources Committee to call for a hearing to discuss immigration issues like the two decisions made under the Trump administration.

“This ill-timed decision comes when reconstruction from the typhoons is underway and our need for temporary workers is high. I am also concerned about a pending decision to end parole for Chinese and Russian tourists to the Marianas. Commonwealth officials have said the Trump administration would never end tourist parole,” said Sablan.

“The hearing will be an opportunity to ask that question and find out for sure. The tentative date for the hearing is Feb. 27. To make the hearing meaningful, I will want to have witnesses from the Trump administration there to explain their decisions and their views on the legislation I have already introduced to reverse these actions.”