U.S. Congresswoman Kimberlyn King-Hinds, in her latest e-newsletter, announced a policy framework that aims to stabilize the CNMI workforce.
To reopen “a long-overdue” conversation on the fate of the CNMI after the immigration transition period ends in 2029, King-Hinds said the framework outlines the kind of system she thinks “we should work toward, and I’m inviting everyone to weigh in.”
She said this conversation needs to be open, honest, and community-driven, noting that the phase-out of the CNMI-Only Transitional Worker or CW-1 visa is just four years away, “and we can’t afford to wait until the last minute to plan for what comes next.”
The CW-1 program allows qualified employers in the CNMI to hire foreign workers who are otherwise ineligible for employment under any other U.S. nonimmigrant worker category. It will expire on Dec. 31, 2029, unless extended by the U.S. Congress.
Employers can hire foreign workers through the H-1B program, but many jobs in the CNMI — especially in the hospitality, tourism, and service sectors — do not meet the program’s high educational and professional threshold, making most foreign workers and positions ineligible for the H-1B category.
Moreover, the H-1B process involves detailed paperwork, prevailing wage determinations, and legal fees, which can be burdensome for smaller CNMI employers. The process is more complex than the CW-1 visa, which was specifically designed to be more accessible for the CNMI’s unique labor market.
More sustainable
In light of the islands’ structural labor shortages, economic contraction, and policy constraints, King-Hind said the CNMI “must advance a shift from a time-limited transitional framework toward a sustainable, long-term labor stabilization model.”
She is encouraging community members, businesses, and stakeholders to provide input, whether in support of her proposals, with alternative suggestions, or in constructive disagreement.
She said this process is essential to shaping a labor policy that reflects local needs while meeting federal expectations and long-term development goals.
The proposed policy framework to amend the CNMI’s immigration transition program is as follows:
1) Replace the transition program with a CNMI Labor Stabilization Program. Repeal the current transition framework and institute a permanent labor stabilization program tailored to the CNMI’s unique economic and geographic conditions.
2) Extend the program period to Dec. 31, 2039, with administrative flexibility. Set the conclusion of the labor stabilization program for Dec. 31, 2039, with authority for the U.S. Secretary of Labor, in consultation with the Secretaries of Homeland Security, Defense, and the Interior, as well as the Governor of the CNMI, to extend the program for an additional 10 years based on economic conditions.
3) Set a flexible numerical limit of 15,000 CW-1 permits. Establish a statutory cap of 15,000 CW-1 permits annually, while allowing the U.S. Department of Homeland Security to adjust the actual number of permits issued each year based on labor market conditions in the CNMI.
4) Create a permanent set-aside for 3,000 construction workers. Allocate a dedicated portion of the CW-1 cap for 3,000 construction workers, not limited to disaster-related contracts, in recognition of ongoing infrastructure needs.
5) Extend the permit entry window from 10 to 90 days. Amend the timeline for CW-1 workers to enter the CNMI after receiving their permit, increasing the window from 10 days to 90 days to allow for logistical flexibility.
6) Repeal the “touchback” provision. Remove the requirement for CW-1 workers to depart the United States for 30 days before their third renewal, recognizing the burden this places on employers and families without improving program outcomes.
7) Authorize local processing of Temporary Labor Certifications. Permit the CNMI government to process Temporary Labor Certifications on behalf of the U.S. Department of Labor, similar to the arrangement in Guam, to streamline the application process and improve responsiveness.
8) Amend the Covenant to align immigration and naturalization fees with Guam. Modify relevant provisions of the Covenant to ensure immigration-related fees are treated in the same manner as they are in Guam, providing the resources to properly administer the certification process.
9) Change the prevailing wage survey from annual to biennial. Replace the requirement for an annual prevailing wage survey with a biennial schedule, ensuring data reliability while reducing the administrative burden on the CNMI government.
To ensure this effort is informed by those directly affected, King-Hinds said input from community members, businesses, workers, and other stakeholders across the CNMI is requested.
“Feedback may support, refine, or challenge the recommendations outlined in this policy statement. All perspectives are welcome and will contribute to the development of a legislative proposal that is responsive to the needs of the CNMI community,” she added.
