Bill bats extending CW until 2029

Gov. Ralph DLG Torres and Sen. Lisa Murkowski pose in this photo taken in June 2016 in Washington, D.C. as part of the CNMI Senator’s 902 consultations. (OFFICE OF THE GOVERNOR)

Members of the congressional working group tasked with coming up with legislation to extend the CNMI-Only Transitional Worker program beyond its 2019 expiration date has completed negotiations and introduced a proposed legislation on the U.S. Senate floor.

During a U.S. Senate session, U.S. Sen. Lisa Murkowski (R-AK) introduced legislation to extend the CW-1 program beyond 2019, including provisions to bump the CW cap limit to 13,000 and setting a new CW visa category for legacy workers that would be renewable every three years.

The proposed bill is called the Northern Mariana Islands U.S. Workforce Act.

The working group, led by Murkowski, Gov. Ralph DLG Torres, Delegate Gregorio Kilili C. Sablan (Ind-MP), and more, came up with the provisions for the bill, including a sunset provision that would extend the CW program by 10 more years—stretching the transition period to 2029, effectively extending the CW program, the E-2C visa for foreign investors, and the bar on asylum claims in the CNMI.

Provisions embedded in the proposal also sets the CW cap for fiscal year 2019 at 13,000; however, the annual limit would be reduced by 500 every year starting fiscal year 2020. The new cap limit, if passed into law, would override U.S. Citizenship and Immigration Services’ cap of 4,999 for fiscal year 2019.

Foreign workers who have been working in the CNMI for the last five years, or since fiscal year 2014, would be eligible for the new CW-3 visa category, which would be renewable every three years. CW-3 holders who wish to have their permit renewed would, however, have to exit the CNMI for 30 days during the six-month renewal period as a requirement.

“The CW-3 permit will give our local businesses that have legacy workers more certainty year-in and year-out and reduce business costs. …Business will still be required to pay annually into the training fund for local workers,” said Sablan in a statement.

“I thank [Murkowski] and all the members of the working group,” Sablan said. “We have put in many long hours of discussion in person, on the phone, and by email to reach this point of agreement,” he said, adding that early on in the discussions, several White House officials were against the extension.

“We now have a solid foundation for a long-term labor policy for the Northern Mariana Islands. I am sure that there will be more fine-tuning in the days ahead, as we work for passage.”

Torres, who said that discussions on the CW program started as early as June 2016 through Section 902 consultations between the CNMI and the U.S., thanked Murkowski and the Senate Committee on Energy and Natural Resources, which she chairs.

“Governor Torres followed this up by several meetings with federal officials from the White House, key departments and agencies, and Congress. The announcement of the reduced numerical CW cap from 12,998 to 9,998 for [fiscal year] 2018 in late November further stressed the need for a long-term legislative fix soon,” the Office of the Governor statement reads.

In December 2017, Torres, along with members of the Northern Marianas Business Alliance Corp., rushed to Washington, D.C. to pursue negotiations on the CW program extension, with Torres as a member of the group that was working with Murkowski.

“Senator Murkowski has been very gracious with my staff and I over the last several months on this particular bill, dating as far back as June 2016 when we had our 902 consultations. I thank her and all the members of her working group for their collaboration. I especially want to thank her for holding off on the introduction of the bill until after I provided my input on the draft. I am glad that the bill was able to include some of my recommendations, such as extending the program to 2029, instead of 2024 as previously drafted and eliminating the Guam reference on minimum wage,” Torres said, adding that Murkowski has informed him that the hearing on the bill would commence on Feb. 6, 2018.

“…Further discussions will allow for more additions to the bill about the CNMI’s economic needs and its commitment to increasing its U.S. workforce,” the statement adds.

In the same statement, Torres noted that he still recommends increasing the CW cap to 15,000 in order to “allow Commonwealth employers to sustain newfound growth in the near term,” along with recommendations such as lifting the construction ban of House Resolution 339 and having CW-3 visas encompass applicants since fiscal year 2017 instead of fiscal year 2014.

“We will also request for access to all federal workforce, education, and training programs in order to effectively fulfill our goal of developing a U.S. workforce in line with the legislation’s goals and allowed access to data from all federal agencies,” said Torres.

“We are very pleased in what we have been able to accomplish together so far. …We will continue to make sure that every able-bodied and willing local worker on island has access to a job in order to be self-sufficient, and we will continue to work toward saving our economy because it provides more opportunities for everyone to succeed as it grows,” the statement adds.

Rep. Angel A. Demapan (R-Saipan) agreed with Torres on pursuing the necessary tweaks to the bill.

“Through my conversation with stakeholders, the bill still needs some work and I look forward to working with Governor Torres in providing feedback to improve the bill further. The proposed cap will allow us to maintain what we have now, but I’m afraid it will not allow our economy to grow. We also need to continue discussions regarding construction workers as this policy would impact not just business developments, but also construction needs for roads, homes, schools, and churches,” said Demapan in a statement.

Like Torres, NMBAC chair Alex Sablan expressed his gratitude for Murkowski and with others who helped with the legislation.

“Without her strong support for our islands, we would be in danger of losing all the economic momentum we have all worked so hard for over the last several years,” he said.