CNMI Labor Secretary Leila Staffler on Tuesday said the U.S. Congress is unlikely to remove the “touchback” provision of the NMI U.S. Workforce Act of 2018, which means that local businesses should prepare for the loss of their foreign workers holding CW-1 visas.
The provision requires employers to send CW-1 visa holders back to their home country every three years. The CW-1 employee is then required to remain outside the U.S. for a minimum of 30 days.
In February, Gov. Arnold I. Palacios asked U.S. lawmakers to repeal the touchback provision, saying, “the processing times for CW-1 permits are so delayed that employers wait months after the petition start date to receive the necessary approvals to secure entry of the CW-1 permit holder to the CNMI.”
Under the provision, he said, “a large proportion of workers will be required to depart all at the same time without a clear timeline for their return, and at a time when businesses are attempting to regain normalcy in operations. The touchback provision’s disruptions to families, businesses, and the overall economy cannot be overstated.”
In March, U.S. Congressman Gregorio Kilili Camacho Sablan introduced H.R. 1420 “to modify the requirement to remain outside of the United States for Commonwealth Only Transitional Workers.”
The bill was referred to the U.S. House committees on Natural Resources, and Judiciary.
Staffler, who was the Rotary Club of Saipan’s guest speaker on Tuesday, said if local employers “haven’t made an effort to find new workers now, you will be in a bad place later if you don’t find something.”
She added, “You need to find a way to get U.S. workers on your teams. Take advantage of programs or start recruiting because [the U.S. Congress is] not going to change the law in a short amount of time.”
Staffler said when she meets with officials of the U.S. Department of Labor-Employment Training and Services Administration, they will want to know “what is the CNMI’s long term strategy of replacing foreign workers with U.S. workers.”
There are, however, not enough U.S. workers for certain jobs in the CNMI, employers said.
Staffler said according to her research and projections, September 2023 (not December 2023 as earlier reported) may see the largest number of departures because of the “touchback” provision.
“In particular, we see there will be a huge area of need in health and human services,” she added.
Staffler also noted that the CNMI currently has over a billion dollars in construction projects scheduled or ongoing, but does not have enough construction workers on island, even without the “touchback” provision in place.
She is hoping that employers will seek the assistance of the Workforce Investment Agency Division, the Employment Services Division, and the DOL Apprenticeship Program in filling the gaps left by the looming departure of CWs.
CNMI Labor Secretary Leila Staffler gestures as she speaks during a meeting of the Rotary Club of Saipan at Crowne Plaza on Tuesday, July 11, 2023.
