This temporary permit or umbrella permit will expire on November 2011; unless the U.S. Government issue a new workers regulations, a lot of our kababayans, or OFWs, who are out of status and/or unemployed meaning, no employer to facilitate the processing of their immigration status under new DHS regulations, will suffer most.
Under the current status of foreign nationals in the CNMI, non-U.S. citizens are required to secure advance parole if they plan to leave and return back to CNMI after exiting for a reason. An advance parole, worth $360 is the travel document issued by federal government allowing a non-U.S. citizen holder to re-enter the CNMI after exiting for any reason. Advance parole processing in the CNMI is administered by the United States Department of Homeland Security office in the island and it takes about forty 45 days to process. For foreign nationals who are on emergency exit, DHS is granting flexibility to the applicant, with or without valid working documents, in the island for as long as they are holders of umbrella permits. Verification of advance parole of any applicant can be browse through DHS website.
However, despite the flexibility of the federal authorities to an advance parole applicant, Philippine Overseas Labor Office of Saipan refuses to issue overseas employment certificate to an applicant who does not possess, on-hand, advance parole issued by DHS. It is precisely because POEA regulations is that, OEC will only be issued if an applicant OFW who has a valid working document and/or work permit to any destination he/she is assigned to work. In the CNMI, advance parole replaces the entry permit issued by the local immigration system. However, there should always be a guiding alternative regulations in terms of the requirements in securing OEC specifically designed to CNMI only unique status and not so technical about POEA rules. While it is true that a receipt of payments in the application of advance parole is only a proof of payment, the DHS must provide a guarantee that an applicant for advance parole who paid the required amount is qualified and will definitely receive an approved advance parole. Consistent with the Department of Homeland Security’s semi-annual regulatory agenda that was published last Dec. 20, 2010in the Federal Register stating that the worker rule will be issued in March 2011, new regulations, foreign workers request that issuance of receipt be a proof of guaranteed approval of advance parole to an applicant.
If an OEC holder were not able to re-enter or return to the CNMI due to technicalities in the re-entry document such as the advance parole document, then it is no longer the fault of POLO personnel who issued the OEC because such technicalities are out of their control.
A lot of fellow OFWs in Saipan are requesting from your office to recognize a receipt payment issued by the Department of Homeland Security for advance parole application to be considered as a valid documents for the issuance of OEC. The processing of the advance parole takes about 45 days, and that if an applicant who is in an emergency status cannot wait for the release of advance parole before leaving the island. A poor OFW who leave the island without advance parole incurs additional expenses by paying a courier service to deliver the advance parole together with the OEC in the Philippines after 45 days, plus an authorization paper issued to a friend or trustee as a proof that he/she is the authorize person to send said document to the Philippines. Sending OEC to the Philippines via a courier service provider is an additional expense on the part of the OFWs.
In behalf of OFWs who voice out their concerned regarding OEC, I am requesting to the Administrator of Philippine Overseas Employment Agency to order Philippine Overseas Labor Office Saipan Post to accept the proof of payment and/or receipt from DHS for advance parole application as a valid document for the issuance of OEC before he/she leave the island.
Thank you very much. I hope this request will merit your utmost action and favorable response.
CARLITO J. MARQUEZ
Puerto Rico, Sapan
