U.S. Congresswoman Kimberlyn King-Hinds smiles during a meeting with reporters at her office in Susupe.
Photo by Bryan Manabat
U.S. Congresswoman Kimberlyn King-Hinds has proposed replacing the CW-1 transitional worker program with a new “CNMI Labor Stabilization Program,” while also repealing the current transition framework.
The CW-1 program allows qualified employers in the CNMI to hire foreign workers who are otherwise ineligible for employment under any other U.S. nonimmigrant worker category. It is set to expire on Dec. 31, 2029, unless extended by the U.S. Congress.
In an interview last week, King-Hinds said she plans to introduce by the end of summer a bill that would transition the existing framework into a “long-term labor stabilization model.”
“Before I actually put pen to paper to introduce it, what I wanted to do was get as much community input as possible from key stakeholders,” King-Hinds said.
Once the bill is introduced, she said, “I don’t want there to be any surprises or anything left out that has been impacting our community with regard to that program. I want to create a new program that’s CNMI-specific.”
King-Hinds said the current CW-1 program framework is hampering business operations.
“It’s really hampering businesses from being able to operate — and then just the cost, the time, and the delay to the businesses. And then the human impact as well,” she said. “I’m reaching out to everybody, and I’m inviting everyone to submit their comments. We’re looking forward to being able to drop a bill by the end of summer so that we can begin the process.”
When introduced, the legislation will be referred to the U.S. House Natural Resources Committee and Judiciary Committee because of its implications on insular affairs and immigration policy.
“We would have to get both of those committees to support the bill and vote it out of committee so that it can go to the House floor for a full vote,” King-Hinds said. “I want to do it this year because it’s going to take some time. I want to make sure that we’re working on it now.”
The proposed policy framework includes these provisions:
– Replacing the transition program with a CNMI Labor Stabilization Program tailored to the CNMI’s unique economic and geographic conditions and repealing the current framework.
– Extending the program period to Dec. 31, 2039, with authority for the U.S. Secretary of Labor — alongside the Secretaries of Homeland Security, Defense, and the Interior, and the CNMI governor — to extend it an additional 10 years based on economic conditions.
– Setting a flexible numerical limit of 15,000 CW-1 permits annually, allowing DHS to adjust based on labor market conditions.
– Creating a permanent set-aside for 3,000 construction workers, not limited to disaster-related projects.
– Extending the permit entry window from 10 to 90 days to provide logistical flexibility.
– Repealing the “touchback” provision, which currently requires workers to depart the U.S. for 30 days before their third CW-1 renewal.
– Authorizing local processing of Temporary Labor Certifications, allowing the CNMI government to assist in streamlining the process, similar to Guam’s setup.
– Amending the Covenant to align immigration and naturalization fees with Guam, enabling better funding for local certification processes.
– Changing the prevailing wage survey requirement from annual to biennial, to improve data reliability and reduce administrative burden.
“We have to be consistent in our messaging with regard to the type of program we want, and that is why I wanted this to be a grassroots conversation,” King-Hinds said. “I want the community to be involved, and the key stakeholders to chime in.”
She also hopes to delay the CW-1 program’s expiration date to provide more assurance while a long-term solution is developed.
“It’s going to be a tough sell because of the mindset of certain people when it comes to expanding these types of programs,” she said. “But the job is to convince them that this is a need, not a want. We can sit down, put our heads together, and write some common-sense policy.”