The PM took effect on Dec. 14 and will allow employers to petition their foreign employees for a grant of status that best suits the employers’ needs.
For instance, a CNMI-based company which is considered a foreign entity on Guam or elsewhere in the U.S. could petition the USCIS for an L1-visa for its foreign workers to enable them to transfer and work on Guam or the states.
The PM also allows legitimate foreign students to upgrade their status under the applicable H-visa by making a self-petition before the USCIS.
“As envisioned and encouraged by the [federalization law], many…aliens may seek H, L, or other nonimmigrant status under federal immigration law. Although Section 248 of the [Immigration and Nationality Act] generally authorizes USCIS to change an alien’s status from one nonimmigrant classification to another, there is no provision specifically providing for a grant of nonimmigrant status to an alien present in the United States who is not already in, or deemed by law to be in, a nonimmigrant classification,” the USCIS said.
“Beneficiaries of H and other nonimmigrant petitions adjudicated by USCIS who do not have the ability to change status under Section 248 may obtain the new status through consular processing abroad and admission at a port of entry by U.S. Customs and Border Protection,” it added.
To be considered for a grant of status, one must be lawfully present in the CNMI; present in the CNMI before Nov. 28, 2009; does not currently hold a nonimmigrant classification; and is admissible to the U.S.
“If you are a CNMI worker with a valid CNMI work permit or parole status, immigration officials may consider you lawfully present in the CNMI for purposes of obtaining a grant or initial grant of status,” the USCIS stated.
Employers who seek to petition their foreign workers for a grant of status must submit a Form 1-129 package to the USCIS.
“The petitioning employer or alien beneficiary must file either an I-129 or I-539 application with USCIS for a grant of nonimmigrant status under federal immigration laws. Such filings will still be subject to all other initial or change of status filing requirements as well as biometric identification under the INA and current operating procedures,” the USCIS policy memorandum stated.
“If a request for an initial grant of status is approved and you wish to travel outside of the CNMI and re-enter, you will need to apply for a visa from the State Department. In most cases, you can apply at the U.S. Embassy or a U.S. consulate abroad,” the USCIS stated.
The federalization law, or the Consolidated Natural Resources Act of 2008, took effect on Nov. 29, 2009. It mandates that all aliens under lawful immigration status granted by the CNMI government can stay here for the first two years of the transition period.
Majority of the estimated over 16,000 foreign workers in the CNMI were granted umbrella permits valid until Nov. 27, 2011.
