CW-1 survey gauges ‘touchback’ impact

Hong Ye Construction workers eat lunch under a tree on the side of Chalan Antonio Apa Road near the Northern Marianas College on As Terlaje Hill after doing punch list works Wednesday for the hazard elimination project at the accident-prone intersection of Chalan Monsignor Road and Chalan Tun Antonio Apa Road. Many of the company’s construction workers will be affected by the “touchback rule” that takes effect on Sept. 30, 2023. (FERDIE DE LA TORRE)

To understand any detrimental impact the CW-1 touchback provision may have on the CNMI, the CNMI Department of Labor is conducting an assessment survey on businesses that depend on foreign workers for their operations.

The Labor Department has launched a four-page survey to understand how the CNMI Only Transitional Worker, or CW-1, visa “touchback policy” is affecting businesses in the region.

According to DOL, the survey is intended to gather essential information about the impact of the “touchback” policy on businesses, including the number of affected employees, the positions they hold, anticipated departure months, and other relevant information.

“The survey aims to identify challenges faced by businesses, assess the potential disruptions in operations, and explore strategies to mitigate the adverse effects of this requirement,” said DOL.

Ultimately the feedback received from this survey will help inform CNMI DOL efforts to address the concerns and needs of businesses during this transition period.

For those interested in participating in the survey, it is accessible at: https://docs.google.com/forms/d/e/1FAIpQLSfHJCNrKVBS_gq2arXSRyyU1cXFlHSQittQfFWx1GHgLwf3rQ/viewform

DOL noted in its survey that, according to the amended CW-1 touchback provision, a permit for a CW-1 worker shall remain valid for a period that may not exceed one year and may be renewed for not more than two consecutive, one-year periods.

At the expiration of the second renewal period, an alien will have to exit the CNMI for a continuous period of at least 30 days prior to the submission of a renewal petition on his or her behalf. This exit requirement is the “touchback” provision.

However, long-term workers—an alien who was admitted to the Commonwealth on a CW-1 visa during fiscal year 2015, and during every subsequent fiscal year beginning before July 24, 2018—are an exemption and may receive a permit for a Commonwealth-Only Transitional Worker that is valid for a period that may not exceed three years and may be renewed for additional three-year periods. They are not subject to the touchback policy.

The touchback provision was supposed to be enforced in 2020; however, due to unforeseen circumstances as a result of the pandemic, the provision has been extended and will be enforced this year.