US Senate renews takeover bid • CNMI’s critics introduce new measure to gradually phase out nonresident workers

United States legislators on Wednesday renewed attempts to extend the implementation of federal minimum wage and immigration laws to the Northern Marianas with the introduction of a new takeover measure.

Senators Frank Murkowski (D-Alaska) and Daniel Akaka (D-Hawaii), known staunch critics of the Commonwealth, have joined forces to introduce S. 507, which seeks to gradually eliminate the Commonwealth’s nonresident worker program.

Although passage of the legislation failed after it was tossed back to the Senate Committee on Energy and Natural Resources for further review, CNMI lobbyist informed local lawmakers yesterday that there are strong indications that enough votes exist in favor of the measure.

Gov. Pedro P. Tenorio said his administration will explore all means to block this yet another threat to federalize the Commonwealth’s labor and immigration systems.

Mr. Tenorio said the CNMI government will continue to work with federal officials and US congressional leaders on recommendations they may have to better improve local labor and immigration systems, thereby, blocking passage of S. 507.

Provisions of the proposed measure allow for a nine-year transition period wherein the islands’ nonresident workforce will be slowly phased out, while also giving room for eligible foreign workers to stay and apply for employment-based immigrant visas.

S. 507 also allows the CNMI to admit temporary alien workers who may not be eligible for admission under the Immigration and Nationality Act from the time the measure becomes a law until Dec. 31, 2009.

The Attorney General will have the authority to determine if there is a need to extend the transition period, or the time when temporary non-immigrant aliens will be allowed to work in the CNMI, by another five years.

S. 507 provides a single five-year extension of the transition period, which expires on Dec. 31, 2009, for business sectors in the CNMI other than the tourism industry.

“In no event shall a permit be valid beyond the expiration of the transition period. This system may be based on any reasonable method and criteria determined by the US Secretary of Labor,” the bill reads in part.

The permits will also be valid as admission exclusively to the Northern Marianas, and not in any American territory or the mainland US.

If this is any consolation, temporary alien workers admitted to the CNMI as non-immigrants will be permitted to transfer between employers during the period of their authorized stay on the islands.

The proposed measure gives the Attorney General the authority to set the conditions for admissions of non-immigrant temporary alien workers under the transition program, while the US State Secretary will be the authorizing entity on the issuance of non-immigrant visas for aliens to engage in employment in the CNMI.

Immigrant visa

Recognizing the impending problem faced by businesses in the CNMI in terms of manpower shortage that may arise from its implementation, S. 507 empowers the Attorney General to establish a specific number of employment-based immigrant visas.

The measure also stated that persons granted employment-based immigrant visas under the transition program may be admitted for the purpose of immigrating to the CNMI as lawful permanent residents of the US.

S. 507 is equipped with safety nets to prevent mass migration of aliens to the Northern Marianas, since the proposed measure makes it clear that no alien will be granted initial admission as a lawful permanent resident of the US at a port-of-entry in the CNMI or at a port-of-entry in Guam.

The proposed measure does not have the power to prevent alien who has obtained lawful resident status from applying under the Immigration and Nationality Act for an immigrant visa or admission as lawful permanent resident under the INA.

Under S. 507, an alien may also be granted an immigrant visa if:

• the alien is employed directly by an employer in a business that the Attorney General has determined is legitimate;

• the employer has filed a petition for classification of the alien as an employment-based immigrant with the Attorney General not later than 180 days following the transition program effective date;

• the alien has been lawfully present in the CNMI and authorized to be employed in the Northern Marianas for the four-year period immediately preceding the filing of the petition;

• the alien has been employed continuously in that business by the petitioning employer for the four-period immediately preceding the filing of the petition;

• the alien continues to be employed continuously in that business by the petitioning employer at the time the immigrant visa is granted or the alien’s status is adjusted to permanent resident;

• the petitioner’s business has a reasonable expectation of generating sufficient revenue to continue to employ the alien in that business for the succeeding four years; and

• the alien is eligible for admission to the US under the provisions of the Immigration and Nationality Act.

Also, S. 507 allows the AG to consult with the CNMI Governor, members of the CNMI Legislature and appropriate federal agencies to establish a specific number of additional initial admissions as a family-sponsored immigrant.

Special attention has also been accorded the islands’ visitors industry, as an additional five-year extension of the transition period may be allowed for tourism-related businesses.

The determination of whether a business is legitimate and whether it is sufficiently related to the tourism industry will be made by the Attorney General in his sole discretion and will not be subject to any review.

The Attorney General will also control the power in terms of determining whether or not there is a need to extend the transition period by another five years for the Northern Marianas tourism industry. The five-year extension may again be extended if the AG believed it to be necessary.