The Department of Labor will be responsible for:
Determining whether extensions of the transitional worker program are necessary and appropriate.
Administering certain certification functions relating to employment-based immigration categories under the INA.
Guam-CNMI Visa Waiver Program
U.S. immigration law currently provides that visitors from certain specified countries may be admitted to Guam only as visitors for up to 15 days without a visa. This program is different from the general U.S. Visa Waiver Program under section 217 of the INA, which authorizes the admission of visitors from approved countries for up to 90 days without a visa to any part of the United States (including Guam). The CNRA amended the Guam Visa Waiver Program provisions to create a Guam-CNMI Visa Waiver Program, and to authorize a stay of up to 45 days in Guam and/or the CNMI.
As of the transition date, currently June 1, 2009, both the U.S. Visa Waiver Program under INA section 217 and the new Guam-CNMI Visa Waiver Program under INA section 212(l) will apply to the CNMI and Guam. Regulations to implement the Guam-CNMI Visa Waiver Program established by the CNRA currently are under development.
The Department of Labor, it seems, would be tasked with nothing more than it already does in every other state. It would seem to me that IF this is all the federal Department of Labor is tasked with doing, then that ridiculous lawsuit filed by Fitial to stop implementation of the LABOR portion of the Consolidated Natural Resources Act of 2008, or U.S. P.L. 110-229, is totally inaccurate and pre-supposes acts that probably will not occur. It would also seem that LOCAL Labor would still be left with those things that the rest of our state level DOL’s do; that is wages and hours, work contracts, etc. After all, the CNRA states unequivocally that the only laws negated would be those of NMI Immigration — not labor (except as those that pertain to immigration status).
Additionally, it would appear that there is still the possibility of on-going consultations regarding the VWP — and of course, there is always the public comment period after which many changes can be incorporated. It is too bad that the governor has taken the recalcitrant stance of fighting instead of working for the good of the NMI.
It appears the NMI is rife with rumors and, as yet unfounded, paranoia, all of which is being fostered by an ignominious executive branch of the NMI.
And the Tribune (being primarily controlled by Fitial and Tan) is NOT HELPING any with all those biased reports that conveniently insert items that appear to enhance the governor’s position while just as conveniently leaving out those items that will be beneficial to the NMI or still have much room for alterations before final implementation. The Tribune really needs to be called on this issue because I am getting tired of reading slanted or deliberate misinformation and the apparent attempts to foment divisions within the citizenry of the NMI through stories that appear to be supplied by Fitial and his minions.
I would hope that from this point on, everyone who follows the developments regarding the implementation of P.L. 110-259 disregards much of what is written by some of the local press and reads directly from authenticated Web sites such as the Federal Register, dhs.gov, regulations.gov and the RSS feeds available on a daily basis from these sites.
DR. THOMAS D. ARKLE JR.
San Jose, Tinian
