Why are they called “umbrella” permits?
They are called “umbrella” permits because they will stand over and above existing permits. The umbrella permit does not replace existing permits. They are conditional permits to continue working or to seek employment in the CNMI for a period of two years, provided certain conditions are met: the conditions are those currently prescribed by the labor laws of the commonwealth: local preference in hiring, registration with Employment Services when seeking a new employer, payment of annual fees, health and police clearance when entering into a new contract, and so forth. All of the current labor system will remain in place and compliance with that system is the conditional aspect of the umbrella permit. If the conditions are violated, the permit may be revoked.
What is the rationale of the umbrella permits?
The rationale of the umbrella permits is to give the maximum amount of protection to foreign workers currently in the commonwealth from removal by U.S. immigration authorities. In accordance with the federalization statute, an alien who is “lawfully present” in the commonwealth on Nov. 28, 2009, may not be removed by the United States immigration authority for at least two years or until his or her CNMI permit expires, whichever is shorter. By giving all foreign workers the maximum two-year permit, the CNMI is protecting them against removal for the maximum amount of time permitted by the federalization statute.
Understand, however, that this protection is not a blanket guarantee of continued status. If the foreign worker fails to comply with the conditions of his or her permit, it can be revoked. Once the permit is revoked, the alien is immediately subject to the immigration laws of the United States, as modified by the federalization law. This means the alien must obtain a U.S. visa or some other federally recognized immigration status or depart the commonwealth.
Who will get umbrella permits?
At this time, the Department of Labor intends to issue umbrella permits to every foreign contract worker who is present in the commonwealth and who holds a 240K (formerly 703K) permit. This includes people who have currently valid permits, those who have permits pending and those who are in the transfer process. The transfer process includes those who have registered with Employment Services but have not yet secured an employer, those who have applied for an extension of time, and those who have been denied an extension and have appealed. Immediate relatives, students, investors, ministers and missionaries and all other entry permit categories are not included in this umbrella permit effort. A person whose name has appeared on any published Overstayers List, and who has not been officially removed from such a list, will not be issued an umbrella permit.
Who benefits from umbrella permits?
Everyone benefits. The foreign worker benefits by having a clear documentary proof of lawful presence in the CNMI for the maximum time allowed by law. The benefit to some workers is greater than to others. The least amount of benefit is to workers who have been renewed recently for two years. The greatest amount of benefit is to those workers who only have a few months left until their contract expiration and to those in a pending status. The employer benefits by having an assurance of greater stability in his workforce. There is also a direct economic benefit to the employer: instead of renewing workers for the full two-year period prior to Nov. 28, the employer can now make the choice to renew or not renew at the end of the current contract. And the commonwealth as a whole benefits by reducing the amount of uncertainty in the community and by stabilizing the existing work force.
How can I get an umbrella permit?
The Department of Labor will be publishing instructions shortly as to when and where to pick up the umbrella permits. There is no application needed, and no fee. The permits will be issued by the Department of Labor based on information in Labor’s database. The permits will be printed with each worker’s name, photograph and other essential information, including coding to prevent fraud. The permits will be deemed issued when signed by the secretary of Labor. They will need to be personally picked up and signed for by each individual worker, once the worker’s identity is verified. Make sure you take your passport and your entry permit (LIIDS card) with you when you go to pick up your permit. Because of the short time remaining and the large number of permits that will need to be distributed, it is essential that you keep to the schedule for pick-up established by the Department of Labor.
Do I have to have an umbrella permit?
You may choose not to pick up your umbrella permit, although we can’t imagine why you would want to refuse a protection that doesn’t cost you anything. If you do not pick up your permit, your legal stay in the CNMI will be whatever time remains on your entry permit. After Nov. 28, the CNMI government is absolutely without any authority to renew your permit or to issue you a new one. Therefore your only option, if you wish to legally remain in the commonwealth, is to convert to some type of U.S. visa and status. If you wish to continue as a worker (i.e., an employment based non-immigrant), the CNMI-only transitional worker program may be available to you. Unfortunately, we know almost nothing about this program because implementing regulations have not yet been published by the Department of Homeland Security. There are the H1 and H2 visa categories that are potentially available, but for reasons that we have discussed in previous columns, we believe that very few CNMI employers will be willing or able to obtain such visas for their employees.
There are 39 calendar days, including 28 government working days, left until federal takeover day. And counting.
The information contained in this column is intended as general information only, and not as individual legal advice. Readers should obtain professional legal advice before taking action with respect to their individual situations. Readers may submit questions regarding federalization or immigration issues to the authors by e-mail to [email protected]. Readers may also e-mail written questions through the Marianas Variety at [email protected].
