The announcement came after the CNMI Department of Labor disputed Federal Labor Ombudsman Pamela Brown’s statements on the umbrella permits.
Deputy Labor Secretary Jacinta M. Kaipat described Brown’s statements as “reckless” and “irresponsible.”
Echoing Brown, DHS told employers that “federal law does not require that you seek CNMI DOL approval to hire an alien with an umbrella permit for new employment in the CNMI. Umbrella permits are valid through Nov. 27, 2011; the maximum period of time permitted by federal law, and cannot be extended. An employee will need another work authorization under federal law to continue to work after that date. Even if CNMI authorities revoke a holder’s umbrella permit, the holder remains authorized to work under federal law until Nov. 27, 2011.”
DHS said the USCIS will “provide further guidance on U.S. immigration statuses and the CNMI later in the transition period.”
Under the federalized immigration system, contractual arrangements between an employer and an employee do not affect the worker’s stay on the islands, DHS said.
It, added, however, that “employers and employees remain fully responsible for complying with all other occupational and licensing requirements under CNMI law. For example, an umbrella permit authorizes its holder generally to work in the CNMI, but it does not authorize the holder to work as a physician unless the holder is qualified and licensed to practice medicine in the CNMI.”
And although umbrella permit holders can stay in the CNMI until Nov. 27, 2011, the federal government can still remove them if they violate federal immigration law or commit crimes.
The DHS Q&A regarding the umbrella permits can be accessed at the news section of the USCIS Web site: www.uscis.gov.
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