Igor Timofeyev, director of immigration policy and special advisor for asylum and refugee affairs of the U.S. Department of Homeland Security, said the regulations for the Guam-CNMI visa waiver program must be drafted by Nov. 4, 2008.
Regulations for the foreign investor program under the U.S. Public Law 110-229 must be done by April 2009.
When Rep. Diego T. Benavente, R-Saipan, asked the federal officials how the drafting process works, Timofeyev said there is no formal committee formed to oversee the project.
Timofeyev said although the U.S. Department of Homeland Security is the lead agency tasked to administer the federalization law, other federal agencies will draft their own regulations concerning their areas of responsibility.
“There is no formal committee setting,” he said. “It’s a long process.”
The regulations must be published in the Federal Registry for a certain period to allow for public comments.
Benavente asked Timofeyev to request Washington, D.C. to consider forming a committee that will act as a bridge between the CNMI and the U.S. in drafting the regulations.
Speaker Arnold I. Palacios, R-Saipan, described their meeting with the visiting federal officials as “very fruitful” and expressed hope that there will be more dialogues.
“Our immediate concern is our emerging tourism markets of China and Russia,” said Palacios.
Timofeyev said there will be consultations to ensure that the islands’ fragile tourism-based economy is not harmed.
“I think the economic impact (of the federalization law) is something that we have to consider,” he said.
On the issue of foreign workers, Timofeyev said although the law states that there should be “zero alien labor force” on the islands by the end of 2014 there are clauses that can mitigate this scenario.
“Two things will happen. One the availability of conventional visa is something that will come into play. Second, we will modify the transitional guest worker program,” Timofeyev said.
By June 2009, all foreign workers will be treated as transitional workers unless they transfer to two other programs allowing their presence here or on Guam.
Right now, the CNMI government cannot host more than 22,000 foreign workers.
But federal officials said the CNMI may get more guest workers if there is a need for them.
Jim Benedetto, the federal labor ombudsman for the CNMI, said the federal government has set the number of workers that can be admitted to the commonwealth.
“Public Law 110-229 says the local government may not allow an increase in the number of foreign workers in the CNMI after the date of enactment, but does not specify what the number is. That number was set by the CNMI Department of Labor by emergency regulation on or about the first week of May, 2008,” he said.
The visiting federal officials also met with the Coalition of United Workers (NMI) and other groups.
