Variety learned that Labor continues to process labor permits for foreign workers, their dependents and other foreign nationals admitted to the CNMI legally.
The transition phase ends on Nov. 28, 2011. After that date, all work permits in the CNMI will be issued by the federal government.
Some employers said CNMI Labor failed to process permits submitted last October.
They said the department, which could not be immediately reached for comment, told them it didn’t have “ribbons” that were supposed to be attached to Labor documents.
Marie Thérèse Sebrechts, DHS-USCIS regional media manager for Southern California, Arizona, Nevada, Hawaii, Guam and the CNMI, said DHS fully recognizes the employment authorization of CNMI Labor during the transition period.
“The employment authorization of aliens in the CNMI, which is related to immigration, is now a matter of federal law,” she said.
“However, for a two-year period following the Nov. 28, 2009 transition to federal immigration law, federal law authorizes aliens to work based on the employment authorization they had received under CNMI law as of the transition date,” she added.
The USCIS is the DHS agency tasked to grant foreign workers in the CNMI federal status upon the nomination of their employers.
“The U.S. Department of Homeland Security fully recognizes employment authorization based on that provision. The U.S. Department of Labor or DOL administers federal employment and labor laws. A local or state department of labor administers state employment and labor laws for which it is responsible and which might differ from the federal equivalents,” Sebrechts added.
Transitional regulations
The public can still comment on the regulations for the interim rule on the CNMI transitional worker classification, which were republished in the Federal Register following a federal court order.
The comment period ends on Jan. 8, 2010.
Sebrechts said, so far, DHS has received at least 150 comments for the regulations, which will create a new classification for foreign workers in the CNMI — the CW-1 status.
This will be made available to CNMI foreign workers who are not eligible to be admitted in any of the currently existing U.S.-based employment programs.
Sebrechts said once the comment period ends, DHS will consider them before publishing the final regulations that will be adopted for implementation.
“All these comments will be considered to develop the final rule. It is impossible to guess how long it will take for each comment to be reviewed, considered and, if appropriate, integrated into the final rule,” she added.
She urged the public to express their thoughts or concerns regarding the proposed regulations.
“Please remember that people are invited to participate by submitting written data, views, or arguments on all aspects of this rule, including the economic or federalism effects that might result from this rule. Comments that provide the most assistance will reference a specific portion of the rule, explain the reason for any recommended change, and include data, information, or authority that support such recommended change. A complaint that does not provide details of practical solutions would not be helpful, for example,” she added.
Comments can be submitted by e-mail, mail, hand delivery or courier. The rule and comment instructions are found at http://www.regulations.gov/ under USCIS-2008-0038.
