The ombudsman’s office also stressed that employers do not need the approval of the CNMI Department of Labor to hire an umbrella permit holder during the covered period.
U.S. Public Law 110-229, or the Consolidated Natural Resources Act of 2008, or CNRA, that federalized the islands’ immigration system on Nov. 28, 2009, but recognizes the validity of the CNMI-issued work permits during the first two-years of the transition phase.
After Nov. 11, 2011, those umbrella permit holders should transition to any of the federal employment-based programs available in the CNMI to be able to stay here.
The CNMI government issued umbrella permits to thousands of foreign workers in the commonwealth to “protect” them from being sent home before the U.S. Department of Homeland Security took over local immigration.
“Even if CNMI authorities revoke a holder’s umbrella permit, the holder remains authorized to work under federal law until Nov. 27, 2011. The holder of an umbrella permit is authorized to work until Nov. 27, 2011. Under another provision of the CNRA, an alien who was lawfully present in the CNMI under CNMI law on Nov. 28, 2009 cannot be removed solely on the basis of being present in the United States without inspection until the expiration of the status formerly granted by the
CNMI or Nov. 27, 2011, whichever is sooner,” the federal labor ombudsman’s office stated.
“Federal law does not require that you seek CNMI [Department of Labor] approval to hire an alien with an umbrella permit for new employment in the CNMI,” it added.
However, every new hire within the transition phase must fill out Section 1 of the Form I-9 on the day that the umbrella permit holder begins work and the employer must fill out Section 2 of the same document within three business days after the employee was hired.
The federal labor ombudsman’s office is under the U.S. Department of the Interior.
According to a document from Brown’s office, the general rules on the umbrella permit will also apply to foreign students and investors who are lawfully admitted in the CNMI.
“If you are a student, you may be employed, but you must remain in school. If you have an investment or business permit, you must continue the investment or business activity that was the basis for the permit. In short, you may be employed only to the extent that your employment does not prevent you from carrying out the activity that was the basis for your permit,” it said.
In case the umbrella permit, which is a piece of paper, got lost, stolen or damaged, the federal ombudsman’s office said the holder should contact the CNMI Department of Labor for replacement.
“DHS cannot replace an umbrella permit for you. You should contact the CNMI DOL regarding its procedures for replacement of previously issued umbrella permits that have been lost, stolen or damaged,” it said.
“An employer or the CNMI government cannot remove or deport an alien from the CNMI. Only DHS may lawfully remove an alien from the United States, including the CNMI. Within DHS, this authority is limited to immigration officers who are authorized and trained t o enforce federal immigration law, and who are acting in compliance with federal immigration laws and regulations including when executing a final order of removal issued by the U.S. Department of Justice,” it added.
If the alien is not in the custody of DHS, that person can voluntarily choose to leave the CNMI at the employer’s cost.
