Visiting officials of the U.S. Department of Homeland Security said employers should take advantage of the available time if they want to keep their foreign workers.
At least 34 non-immigrant and immigrant visa employment programs are available to CNMI employers.
The nonimmigrant workers program permits CNMI employers to nominate their qualified foreign hires for H-1B or H-2B visas, which will not be counted against the current numerical limitation of about 66,000 a year for the entire U.S.
The H1B is a non-immigrant visa that allows employers to temporarily employ foreign workers in specialty occupations.
The regulations define a “specialty occupation” as “requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, biotechnology, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor’s degree or its equivalent as a minimum.”
Likewise, the foreign worker must possess at least a bachelor’s degree or its equivalent and state licensure, if required to practice in that field.
H-1B work-authorization is strictly limited to employment by the sponsoring employer.
The initial visa may be granted for up to three years. It may then be extended, in the first instance for up to two further years, and eventually for one further year, to a maximum of six years.
The H-2B visa is available to employers of foreign workers not working in the agricultural field.
This visa is only available for work that is temporary in nature. For H2B purposes, that means:
• Recurring seasonal need;
• Intermittent need;
• Peak-load need; and
• One time occurrence.
The employer must also prove that there are no unemployed U.S. workers willing or able to do the work. This is established through the state’s employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers.
The duration of the visa is limited to the employer’s need for temporary workers.
The maximum authorized period is one year. However, the employer may extend the duration of the visa up to three years — but with a very close watch from the immigration authorities.
Employers also have to pay certain wage levels for their H-1B or H-2B workers that are higher than current CNMI rates.
USCIS officials said it’s important that employers participate in their series of public meetings scheduled to begin this Friday so they could be informed about their options.
Alexander Y. Hartman, immigration policy advisor of the U.S. Department of Homeland Security’s Office of Policy Development, said they are encouraging employers to start the process of nominating their foreign workers in nonimmigrant categories where they could be deemed eligible.
Officials of the three DHS leading agencies with offices here held a joint press conference on Tuesday morning — Bruce Murley, Customs and Border Protection area port director for Honolulu, Hawaii; Wayne Wills, special agent-in-charge, Immigration and Customs Enforcement’s Office of Investigations, Honolulu, Hawaii; David Gulick, U.S. Citizenship and Immigration Services district director; and Michael Samaniego, assistant field office director for detention and removal operations of ICE.
