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‘Late PWS causes USDOL delays’
‘We did the survey according to mandates of US law’
Late Prevailing Wage Survey equals late Temporary Labor Certifications.
At least that’s how Delegate Gregorio Kilili C. Sablan (Ind-MP) sees it. He blames the delays in the U.S. Department of Labor’s issuance of TLCs on the CNMI’s delay in coming up with the Prevailing Wage Survey. That should have been done sooner, he said.
To that, the Torres administration noted that the survey’s timeline was intended to ensure accuracy.
Responding to a Saipan Tribune inquiry about delays in USDOL’s issuance of TLCs that are required to apply for a CW-1 petition, Sablan said, “That is taking time primarily because the [PWS] was done later than we should have.”
He pointed out that the Commonwealth was responsible for the PWS.
Sablan did note, however, that employers who need assistance with either the application for a Labor certification or a CW permit may approach his congressional office in Susupe.
Sablan noted in a previous statement that the additional steps in the CW renewal process are meant to ensure that “employment of the CW [foreign] worker will not take a job from a qualified U.S. worker nor bring down the wages of U.S. workers who are similarly employed.”
In a statement, the Torres administration noted that the 2019 PWS was done while waiting for U.S. Citizenship and Immigration Services to release new regulations on the CNMI Workforce Act of 2018.
“While waiting for the regulations…federal partners from the U.S. Department of Labor communicated to us at the end of 2018 that a brand-new [PWS] had to be conducted in order for employers to receive a temporary labor certification,” said press secretary Kevin Bautista in the statement. “The process took about four months to complete in order to ensure accuracy with our federal partners.”
That required the Office of the Governor, CNMI Department of Labor, and CNMI Department of Commerce collaborating with the Saipan Chamber of Commerce “in order to conduct a survey that presented a clear and accurate picture of the CNMI’s economy.”
The statement also stressed the Governor’s Office also communicated with USCIS to expedite the publication of the new regulations.
When asked, the Saipan Chamber of Commerce noted that several of their members have experienced delays in procuring the TLC, which is one of the several new steps needed in order to even submit a CW petition with USCIS.
“We are hopeful USCIS will come up with the new regulations addressing all the issues related to the CNMI Workforce Act. Businesses would like clarity…with the regulations out as soon as possible. This would assist the businesses in planning for their future and helping them better communicate to their CW staff what they should expect for the renewal process,” a statement from the Chamber noted.
“At this time, there are some businesses trying to decide whether it is worth continuing business in the CNMI with so much ambiguity around our labor market, which will have snowballing effects on our economy. We are currently in communication with [Sablan] and his office so we can work collaboratively to address these issues,” the Chamber statement added.
