THE CNMI Department of Labor is reminding all local businesses of their obligation to comply with the §80-20.1-220 Job Preference Requirement when hiring employees.
This regulation mandates that employers prioritize qualified citizens, CNMI permanent residents, and U.S. permanent residents over foreign national workers, transitional workers, and nonimmigrant aliens for employment in the private sector. Employers are prohibited from hiring a foreign national worker if a qualified citizen, CNMI permanent resident, or U.S. permanent resident has applied for the job in a timely manner.
Key points of the job preference requirement:
1) Job Preference: Employers must give preference to qualified citizens, CNMI permanent residents, and U.S. permanent residents for employment opportunities over foreign national workers and nonimmigrant aliens.
2) Employer Declaration: While it is not required by USCIS, CNMI law mandates that businesses submit an Employer Declaration if they hire a foreign worker instead of a qualified U.S. eligible worker.
Employer declaration and certification
According to CNMI Title 80 Administrative Code § 80-20.1-235 Job Referral section:
Declaration Filing: If a qualified citizen, CNMI permanent resident, or U.S. permanent resident was not hired, employers shall file a declaration within fourteen days after job posting. This declaration must detail the actions taken on each application and the reasons for rejecting any qualified applicant.
Certification: The Department will issue a certification of compliance if no qualified citizen, CNMI permanent resident, or U.S. permanent resident is identified through job posting, referral, or good faith hiring efforts.
Denial of Certification: The Department may deny certification if the employer fails to provide sufficient justification for not hiring a qualified applicant or if no declaration is submitted within the specified timeframe. Employers can appeal a denial to the Administrative Hearing Office within fifteen days of the denial date.
The CNMI Department of Labor urges all businesses to adhere strictly to these requirements to ensure compliance with local labor laws. Non-compliance can result in penalties. The Department of Labor’s Administrative Hearing Office has the authority to award actual and liquidated damages in an amount of up to 6 months’ wages for the job for which a citizen, CNMI permanent resident, or U.S. resident applied.
For more information or assistance, contact the CNMI Department of Labor at (670) 664-3196 or info@dol.gov.mp/. Compliance with these regulations is essential for maintaining a fair and lawful employment environment in the CNMI.
