THERE is the adage that we must be careful for what we wish for, for we may just get it.
There is no denying that businesses in the NMI are not doing well and while we all hope to see a resurgence of our economy, we also know that economies are cyclical and many things must first occur before we can see an economic resurgence. Our government and many of the larger businesses are implementing policies that are critical to bring about the economic recovery. The federalization of the minimum wages to $7.25 an hour does not help in the resurgence although I must also say that I feel that the $3.05 minimum wage must inevitably be increased so that people can afford a livelihood.
I am not a businessman and I have never employed a nonresident worker. But I have spoken to some businessmen friends and they tell me that if the minimum wage is federalized, they will have no choice but to layoff some of their employees. These are businessmen who are well established and have employed many resident and nonresident workers for many years. I can just imagine what will happen to the part-time businesspeople who have just one or two employees.
Regrettably, the federalization of minimum wage toward the $7.25 an hour is not a policy the Northern Mariana Islands needs or can sustain at the present time. The very first victims of this policy may just be the nonresident workers themselves. Since the government cannot afford to keep hiring new employees, and may actually be forced to reduce by as much as 30 percent the number of people on its payroll, many U.S. citizens will inevitably turn to the private sector for employment once federal minimum wages take effect. Employers, by law, are obligated to give first preference to U.S. citizen job applicants before they can hire nonresident workers. Applying federal immigration laws to the NMI will make it extremely difficult for employers to hire foreign workers.
Thus, the double whammy will be when U.S. immigration laws are also made applicable to the NMI. Under federal immigration laws, employers who want to employ foreign workers must first satisfy the stringent federal requirements that give preferences to U.S. citizens before they can be issued a Department of Labor certificate necessary to employ a foreign worker. Additionally, while there is the rare exception where a foreign worker is allowed to change employers, federal immigration laws are strict in the enforcement of the policy that foreign workers work for one employer for the entire duration that they are within the U.S. and must exit the U.S. before they can reenter the U.S. to work for another employer. Foreign workers will also be required to exit the U.S. (the NMI in this case) every four years. And while I do not know if U.S. immigration laws allow the granting of the 45-day time period for foreign workers to find and transfer to another employer, I find that highly unlikely.
I am certain that many of the very people who are hoping for the passage of either or both federal legislation could conceivably become the first victims once the laws take effect here. The entire CNMI community will consequently suffer. Congress can be so unforgiving!
But, to those who wish for a federalization of minimum wage and immigration laws to the NMI, I say to them: be careful for what you wish for, for you may just get it. Except that it may not be what you were expecting.

GREGORIO “Kilili” SABLAN
Garapan, Saipan