The final regulations were supposed to be released before the federalization of the islands’ immigration system began on Nov. 28, 2009 but a federal court in Washington, D.C. ordered DHS to republish them after the Fitial administraion complained there was not enough time given for public comments.
Thereafter, the dates were pushed further back.
U.S. Citizenship and Immigration Services, a component of DHS which deals with the issuance of permits, later announced that the final regulations will be released sometime this month.
Foreign workers, students and investors are allowed to stay in the CNMI until Nov. 27, 2011 only under the umbrella permit that the local government issued, which the DHS recognized as valid.
Those without umbrella permits must apply for a parole-in-place with USCIS at least three months before their CNMI-issued entry permits expire.
Guest workers and their employers are hoping that the final regulations will be announced as scheduled so they can plan ahead.
All documented foreign nationals in the CNMI must transition to federal programs before Nov. 27, 2011 to be able to stay.
Federal authorities estimate there were over 16,000 documented foreign workers in the CNMI as of 2009.
DHS amended its regulation summary published in the Dec. 20, 2010 Federal Register as part of the fall 2010 Unified Agenda regarding the CNMI transitional worker final rule.
The announcement said DHS is set to release in March the final regulations.
According to the summary published in the Office of Information and Regulatory Affairs web site, the CW1 classification is tailored for an alien worker who is ineligible for another classification under the U.S. Immigration and Naturalization Act who performs services or labor for an employer in the CNMI.
Under the earlier proposed regulations, the CW status does not entitle one to travel anywhere in the U.S. and its possessions, including the neighboring island of Guam.
The CNMI is allowed to host only 22,000 transitional workers.
