Vice Speaker Cruz Pushes for Easing of Visa Restrictions On Chinese and Russian Tourists
Guam - In a move to secure a diversified economy for Guam after the military buildup, Vice Speaker Benjamin Cruz
has sent a letter to Congresswoman Madeleine Z. Bordallo, requesting that she urge the Department of Defense to support a favorable ruling by the Department of Homeland Security that would ease restrictions on visas for visitors from China and Russia.
According to Vice Speaker Cruz, "The 'steady state' of Guam's economy from 2017 on, as stated in the DEIS, will be a period of increased inflation, higher wage rates, and visitor industry market loss due to buildup activities. This impact must be adequately addressed and mitigated. This can be accomplished, in part, through the diversification of our visitor industry source markets."
After the military buildup peaks in 2014, Guam will experience marked instability from having built itself up to accommodate only a temporary upsurge. Once the construction projects are complete and the transient workforce moves on, Guam will be left to contend with the fallout of a bubble burst. Securing a diverse visitor profile could yield a projected $132.3 million for the local economy from China alone just when it is most needed.
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Showing posts with label DHS. Show all posts
Showing posts with label DHS. Show all posts
Wednesday, February 10, 2010
Wednesday, February 03, 2010
Labor agency prepared for possible buildup delay
Labor agency prepared for possible buildup delay
Posted: Feb 01, 2010 4:18 PM
Updated: Feb 01, 2010 4:18 PM
by Janjeera Hail
Guam - Department of Labor Director Maria Connelly is not surprised by Governor Felix Camacho's request to extend the completion date for the relocation of U.S. Marines from Okinawa to Guam. Either way, she says the agency will be prepared.
Connelly says DOL has been fostering relationships with federal officials as well as working with Department of Homeland Security, the U.S. Immigration Services Office and setting up training workshops for local contractors who bring in H2b workers with administrators and experts.
"What that means to us is the work is still there, but it is planned out. Not having to complete all those by 2014, but at least further out, later on," she said.
Connelly stresses that it is important that contractors succeed. Individuals interested in information about training and workshops should check the department's website for further information.
Posted: Feb 01, 2010 4:18 PM
Updated: Feb 01, 2010 4:18 PM
by Janjeera Hail
Guam - Department of Labor Director Maria Connelly is not surprised by Governor Felix Camacho's request to extend the completion date for the relocation of U.S. Marines from Okinawa to Guam. Either way, she says the agency will be prepared.
Connelly says DOL has been fostering relationships with federal officials as well as working with Department of Homeland Security, the U.S. Immigration Services Office and setting up training workshops for local contractors who bring in H2b workers with administrators and experts.
"What that means to us is the work is still there, but it is planned out. Not having to complete all those by 2014, but at least further out, later on," she said.
Connelly stresses that it is important that contractors succeed. Individuals interested in information about training and workshops should check the department's website for further information.
Tuesday, December 08, 2009
USCIS: Be careful of false advertisements
USCIS: Be careful of false advertisements
Wednesday, 09 December 2009 00:00 By Gemma Q. Casas - Reporter
OFFICIALS of the U.S. Citizenship and Immigration Services said some people may take advantage of Guest workers, foreign investors and employers gathered on Friday at American Memorial Park’s Visitors Center to listen to U.S. Citizenship and Immigration Services officials discuss federal immigration law. CNMI’s new immigration system in the wake of reports that some individuals in China are falsely claiming that foreigners can get U.S. permanent residency status or a green card in the commonwealth.
David Gulick, district director of the USCIS, said if the information sounds too good to be true, don’t believe it.
“What we want to make people aware of is when people promise you something that seems too good to be true, like everybody will get a green card on Nov. 28, don’t believe it,” he told the Variety.
Marie Thérèse Sebrechts, Department of Homeland Security-USCIS regional media manager for Southern California, Arizona, Nevada, Hawaii, Guam and the CNMI, said people should be very wary about rumors and should be alert for immigration fraud.
Her warning came after a person inquired about a false advertisement circulating in an undisclosed part of China wherein certain individuals are selling their services to assist Chinese to get into the CNMI which was described as a place where they could get a green card.
“I told that individual that’s not true,” she said.
“This can happen at a time when there’s confusion, some people will believe if someone says, ‘You pay me $5,000 or $10,000 I can get you a green card,’ ” she added.
The USCIS said there are no confirmed victims yet of the false advertisements in China.
“The message is be very careful. Please use the resources that are available. Use the .gov site. We have appointments, come in. If it sounds too good to be true, it probably is. If you want legal help hire an attorney,” Sebrechts said.
The USCIS officials also noted that all forms from their office are free and that people should only get information from the official Web sites of federal agencies.
“All U.S. government web sites end in .gov. Downloading forms is free,” said Sebrechts.
Information about the CNMI’s new immigration system can be accessed at www.uscis.gov.
The USCIS said it has published the E-2 investor rule, transitional worker rule, the conforming rule, and other information materials on its CNMI Web site.
Wednesday, 09 December 2009 00:00 By Gemma Q. Casas - Reporter
OFFICIALS of the U.S. Citizenship and Immigration Services said some people may take advantage of Guest workers, foreign investors and employers gathered on Friday at American Memorial Park’s Visitors Center to listen to U.S. Citizenship and Immigration Services officials discuss federal immigration law. CNMI’s new immigration system in the wake of reports that some individuals in China are falsely claiming that foreigners can get U.S. permanent residency status or a green card in the commonwealth.
David Gulick, district director of the USCIS, said if the information sounds too good to be true, don’t believe it.
“What we want to make people aware of is when people promise you something that seems too good to be true, like everybody will get a green card on Nov. 28, don’t believe it,” he told the Variety.
Marie Thérèse Sebrechts, Department of Homeland Security-USCIS regional media manager for Southern California, Arizona, Nevada, Hawaii, Guam and the CNMI, said people should be very wary about rumors and should be alert for immigration fraud.
Her warning came after a person inquired about a false advertisement circulating in an undisclosed part of China wherein certain individuals are selling their services to assist Chinese to get into the CNMI which was described as a place where they could get a green card.
“I told that individual that’s not true,” she said.
“This can happen at a time when there’s confusion, some people will believe if someone says, ‘You pay me $5,000 or $10,000 I can get you a green card,’ ” she added.
The USCIS said there are no confirmed victims yet of the false advertisements in China.
“The message is be very careful. Please use the resources that are available. Use the .gov site. We have appointments, come in. If it sounds too good to be true, it probably is. If you want legal help hire an attorney,” Sebrechts said.
The USCIS officials also noted that all forms from their office are free and that people should only get information from the official Web sites of federal agencies.
“All U.S. government web sites end in .gov. Downloading forms is free,” said Sebrechts.
Information about the CNMI’s new immigration system can be accessed at www.uscis.gov.
The USCIS said it has published the E-2 investor rule, transitional worker rule, the conforming rule, and other information materials on its CNMI Web site.
Friday, December 04, 2009
CNMI grapples with federalization
CNMI grapples with federalization
By Amritha Alladi • Pacific Daily News • December 5, 2009
Saipan's business leaders are still trying to make sense of the federalization that went into effect Saturday.
It's not that the new federal presence has caught anyone off-guard; it's that residents still are waiting to find out what the new policies are.
David Sablan, president of Century Insurance on Saipan, said the federalization was agreed upon in 1976, when the islands signed the covenant that established political ties between the CNMI and the United States. The minimum wage and right to implement U.S. immigration laws were agreed upon at that time, he said.
"It would seem logical that all the gateways of the United States must be handled by the proper agency of the U.S. government. That's mainly immigration," he said.
However, he said the business community has been operating independently for the last "twenty-something years," and that's left a lot of unknown terrain when it comes to how the business community should handle foreign labor now.
The public law has yet to be implemented as a binding regulation in the CNMI, he said.
"That's basically what we're waiting for, ... to go through legal procedure by which a regulation may become a binding regulation," Sablan said.
Jim Arenovksi, president of the Saipan Chamber of Commerce and president of the Delta Management Corp. in Saipan, said even before the shift to U.S. immigration law, economic opportunities on the island dwindled mainly because investors didn't know what to expect of the new rules.
"This has hurt any opportunities for investment in the CNMI, simply because investors have no idea of what the regulations are going to be," he said Monday. "That's what we've been dealing with the last year-and-a-half to two years. No one is coming to the CNMI until this is settled."
The upside to the federal presence on the islands is that it makes services more accessible to CNMI residents.
"Now that (U.S. immigration) is here, it is within walking distance to make an appointment and go to see them (to get an) on-the-spot opinion on any ambiguity that we are facing here today," Sablan said.
Furthermore, businesses won't be able to hire foreign workers under a CW-1 visa after the transitional period, he said. The new classifications for foreign workers won't include a CW category.
"If a person does not fit a certain visa requirement, then they'll have to leave sooner or later," he said. "What immigration is telling us is that they will issue a blanket CW-1 if you're wanted for the next two years, and within that next two-year period, they will try to fit in these various jobs into the established U.S. immigration categories," Sablan said.
But according to Arenovski, a federal judge has put a halt on federal worker regulations so that even CW visas currently don't exist, although they were supposed to as of Nov. 28. Foreign worker regulations are still "up in the air," he said.
"That's going to cause a bit of a concern in the interim period right now. We're not allowed to bring anyone into the NMI from a worker standpoint unless they fit into a federal category," Arenvoski said.
Sablan said the industries that would be most affected are hoteliers and restaurants.
"The benefit to this is that this will enable us to look at the local manpower needs and get those people trained to fit into the various vacuums that will be left by the various alien workers," Sablan added.
Another benefit is the visa waiver program that has been implemented in the CNMI as part of the federalization.
In late October, U.S. Department of Homeland Security Secretary Janet Napolitano allowed the CNMI, on a parole basis, to waive visa requirements for Russians and Chinese tourists -- two markets that generate about 20 percent of the region's tourist revenue, according to Arenovski.
He said he expects other benefits of the federalization will surface over time.
"We deal with storms and typhoons and earthquakes, we'll be able to deal with this as well," he said.
By Amritha Alladi • Pacific Daily News • December 5, 2009
Saipan's business leaders are still trying to make sense of the federalization that went into effect Saturday.
It's not that the new federal presence has caught anyone off-guard; it's that residents still are waiting to find out what the new policies are.
David Sablan, president of Century Insurance on Saipan, said the federalization was agreed upon in 1976, when the islands signed the covenant that established political ties between the CNMI and the United States. The minimum wage and right to implement U.S. immigration laws were agreed upon at that time, he said.
"It would seem logical that all the gateways of the United States must be handled by the proper agency of the U.S. government. That's mainly immigration," he said.
However, he said the business community has been operating independently for the last "twenty-something years," and that's left a lot of unknown terrain when it comes to how the business community should handle foreign labor now.
The public law has yet to be implemented as a binding regulation in the CNMI, he said.
"That's basically what we're waiting for, ... to go through legal procedure by which a regulation may become a binding regulation," Sablan said.
Jim Arenovksi, president of the Saipan Chamber of Commerce and president of the Delta Management Corp. in Saipan, said even before the shift to U.S. immigration law, economic opportunities on the island dwindled mainly because investors didn't know what to expect of the new rules.
"This has hurt any opportunities for investment in the CNMI, simply because investors have no idea of what the regulations are going to be," he said Monday. "That's what we've been dealing with the last year-and-a-half to two years. No one is coming to the CNMI until this is settled."
The upside to the federal presence on the islands is that it makes services more accessible to CNMI residents.
"Now that (U.S. immigration) is here, it is within walking distance to make an appointment and go to see them (to get an) on-the-spot opinion on any ambiguity that we are facing here today," Sablan said.
Furthermore, businesses won't be able to hire foreign workers under a CW-1 visa after the transitional period, he said. The new classifications for foreign workers won't include a CW category.
"If a person does not fit a certain visa requirement, then they'll have to leave sooner or later," he said. "What immigration is telling us is that they will issue a blanket CW-1 if you're wanted for the next two years, and within that next two-year period, they will try to fit in these various jobs into the established U.S. immigration categories," Sablan said.
But according to Arenovski, a federal judge has put a halt on federal worker regulations so that even CW visas currently don't exist, although they were supposed to as of Nov. 28. Foreign worker regulations are still "up in the air," he said.
"That's going to cause a bit of a concern in the interim period right now. We're not allowed to bring anyone into the NMI from a worker standpoint unless they fit into a federal category," Arenvoski said.
Sablan said the industries that would be most affected are hoteliers and restaurants.
"The benefit to this is that this will enable us to look at the local manpower needs and get those people trained to fit into the various vacuums that will be left by the various alien workers," Sablan added.
Another benefit is the visa waiver program that has been implemented in the CNMI as part of the federalization.
In late October, U.S. Department of Homeland Security Secretary Janet Napolitano allowed the CNMI, on a parole basis, to waive visa requirements for Russians and Chinese tourists -- two markets that generate about 20 percent of the region's tourist revenue, according to Arenovski.
He said he expects other benefits of the federalization will surface over time.
"We deal with storms and typhoons and earthquakes, we'll be able to deal with this as well," he said.
Guam exempt from H-2B cap
Guam exempt from H-2B cap
By Amritha Alladi • Pacific Daily News • December 4, 2009
Guam is now exempt from the national annual cap on the hiring of foreign workers under H-2B visas, the Guam Department of Labor announced yesterday.
However, local program filing requirements and procedures remain the same, the release stated.
Guam's exemption from the visa limit was allowed under the law that phased in U.S. immigration law in the Northern Marianas. The federal law went into effect on Nov. 28.
The same law allows Guam employers to apply -- with the Guam Department of Labor -- for a Temporary Labor Certification and authorization to import H-2B workers, said Greg Massey, Guam Labor's Alien Labor Processing and Certification Division administrator. The approval comes from the U.S. Department of Homeland Security.
Massey said the exemption from the national cap is a "good thing," because it gives employers on Guam the opportunity to file applications on a needs basis rather than trying to "jump through a window to get in the cap," he said.
Prior to Guam's exemption, applications had to be filed prior to the October and April cap openings to be considered for approval by the U.S. Department of Homeland Security. Massey said that each year about 66,000 foreign workers enter the country each year under the H-2B visas.
The new legislation was enacted to give employers the ability to temporarily meet increased manpower needs that will come as Guam ramps up for the military buildup, the release stated.
But Massey said the program's procedures and requirements have not changed.
"Does that mean people can, wholesale, just bring (H-2B workers) in? No. We still regulate how many they're allowed to bring in, and it's based on what that project amounts are and some other factors," Massey said.
There are some safeguards in place to ensure that employers hire local workers first, he said.
Before employers file an application, they have to put out an advertisement and make efforts to recruit locally before applying to the department to hire foreign labor, he said.
Once they've filed an application with the department, there are a series of advertisements they have to place, and the department places the job in the Guam online job bank. After a 30-day period, if there are still openings left, the department issues a labor certification allowing the employer to bring in the H-2B workers to fill in the remaining positions, Massey said.
"All the protections are still in place," Massey said. "It's the same protections that have been in place for the last 15 to 20 years."
By Amritha Alladi • Pacific Daily News • December 4, 2009
Guam is now exempt from the national annual cap on the hiring of foreign workers under H-2B visas, the Guam Department of Labor announced yesterday.
However, local program filing requirements and procedures remain the same, the release stated.
Guam's exemption from the visa limit was allowed under the law that phased in U.S. immigration law in the Northern Marianas. The federal law went into effect on Nov. 28.
The same law allows Guam employers to apply -- with the Guam Department of Labor -- for a Temporary Labor Certification and authorization to import H-2B workers, said Greg Massey, Guam Labor's Alien Labor Processing and Certification Division administrator. The approval comes from the U.S. Department of Homeland Security.
Massey said the exemption from the national cap is a "good thing," because it gives employers on Guam the opportunity to file applications on a needs basis rather than trying to "jump through a window to get in the cap," he said.
Prior to Guam's exemption, applications had to be filed prior to the October and April cap openings to be considered for approval by the U.S. Department of Homeland Security. Massey said that each year about 66,000 foreign workers enter the country each year under the H-2B visas.
The new legislation was enacted to give employers the ability to temporarily meet increased manpower needs that will come as Guam ramps up for the military buildup, the release stated.
But Massey said the program's procedures and requirements have not changed.
"Does that mean people can, wholesale, just bring (H-2B workers) in? No. We still regulate how many they're allowed to bring in, and it's based on what that project amounts are and some other factors," Massey said.
There are some safeguards in place to ensure that employers hire local workers first, he said.
Before employers file an application, they have to put out an advertisement and make efforts to recruit locally before applying to the department to hire foreign labor, he said.
Once they've filed an application with the department, there are a series of advertisements they have to place, and the department places the job in the Guam online job bank. After a 30-day period, if there are still openings left, the department issues a labor certification allowing the employer to bring in the H-2B workers to fill in the remaining positions, Massey said.
"All the protections are still in place," Massey said. "It's the same protections that have been in place for the last 15 to 20 years."
Wednesday, December 02, 2009
US officials to review list of nonresidents with criminal records
US officials to review list of nonresidents with criminal records
Thursday, 03 December 2009 00:00 By Andrew O. De Guzman - Reporter
The definition of “criminal felony” or “criminal misdemeanor” may differ under the U.S. Immigration Saipan Immigration Court Chief Judge Thomas Y.K. Fong will hear immigration cases and oversee administrative operations of the newly opened immigration court. Naturalization Act which is now in effect in the Northern Marianas, and this is why the U.S.
Immigration and Customs Enforcement will be working closely with the local Department of Public Safety to look into the list of nonresident criminal offenders for possible removal proceedings.
“We’re now initiating and reviewing the records,” said Clarence M. Wagner Jr., ICE chief counsel based in Honolulu, Hawaii.
Wagner said the U.S. Department of Homeland Security will make a determination on the status of an individual, to be followed by charging documents and removal proceedings in immigration court.
Yesterday, Saipan Immigration Court Chief Judge Thomas Y.K. Fong conducted an orientation on his functions.
Wills and Fong were joined by Michael A. Samaniego, U.S. ICE’s assistant field office director for detention and removal operations, during a meeting with the media, representatives of local government agencies and other stakeholders.
Fong said the immigration court will be an administrative control court, receiving filings and establishing appropriate dockets.
He said the court does not initiate proceedings and will not act unless a filing is initiated by the government.
An immigration court hearing will conduct a bond setting, followed by determination of removability “where the government has the burden to prove the [person’s] removability,” Fong said.
Yesterday, he said an individual came to his court and sought asylum.
However, there’s no asylum relief available for the CNMI until Jan. 1, 2015, he added.
Thursday, 03 December 2009 00:00 By Andrew O. De Guzman - Reporter
The definition of “criminal felony” or “criminal misdemeanor” may differ under the U.S. Immigration Saipan Immigration Court Chief Judge Thomas Y.K. Fong will hear immigration cases and oversee administrative operations of the newly opened immigration court. Naturalization Act which is now in effect in the Northern Marianas, and this is why the U.S.
Immigration and Customs Enforcement will be working closely with the local Department of Public Safety to look into the list of nonresident criminal offenders for possible removal proceedings.
“We’re now initiating and reviewing the records,” said Clarence M. Wagner Jr., ICE chief counsel based in Honolulu, Hawaii.
Wagner said the U.S. Department of Homeland Security will make a determination on the status of an individual, to be followed by charging documents and removal proceedings in immigration court.
Yesterday, Saipan Immigration Court Chief Judge Thomas Y.K. Fong conducted an orientation on his functions.
Wills and Fong were joined by Michael A. Samaniego, U.S. ICE’s assistant field office director for detention and removal operations, during a meeting with the media, representatives of local government agencies and other stakeholders.
Fong said the immigration court will be an administrative control court, receiving filings and establishing appropriate dockets.
He said the court does not initiate proceedings and will not act unless a filing is initiated by the government.
An immigration court hearing will conduct a bond setting, followed by determination of removability “where the government has the burden to prove the [person’s] removability,” Fong said.
Yesterday, he said an individual came to his court and sought asylum.
However, there’s no asylum relief available for the CNMI until Jan. 1, 2015, he added.
Feds tighten NMI border security
Feds tighten NMI border security
Thursday, 03 December 2009 00:00 By Gemma Q. Casas - Reporter
THE U.S. Immigration and Customs Enforcement, the largest investigative agency of the U.S. Department of Homeland Security, is tightening the border security of the Northern Marianas, particularly on Saipan, now that federal immigration law applies here.
ICE said immigration document and benefit fraud poses a serious threat to national security and public safety because they create vulnerabilities that may enable criminals and even terrorists to enter the U.S.
Wayne Wills, special agent-in-charge of ICE Office of Investigations, Honolulu, Hawaii, said uniformed ICE agents will be roaming Garapan, the center of business activities on Saipan.
His office is responsible for pursuing criminal offenses such as human smuggling and human trafficking, money laundering, narcotics, weapons trafficking, financial crimes, commercial fraud, child exploitation and violations related to intellectual property rights.
Wills said their focus here are human smuggling and human trafficking.
“[Our] agents will be very visible,” Wills said in a press conference on Tuesday at their new office in Puerto Rico.
He said it would be best for foreign nationals to posses their CNMI immigration documents.
“My suggestion would be to carry whatever proper immigration documents that show they are legally admitted to the CNMI,” he added.
Securing the islands’ maritime area with the help of the U.S. Coast Guard is also another focus of his office.
Wills said ICE’s primary mission is to enforce the law. It may be sometimes uncomfortable to the community but the law must be enforced, he added.
Thursday, 03 December 2009 00:00 By Gemma Q. Casas - Reporter
THE U.S. Immigration and Customs Enforcement, the largest investigative agency of the U.S. Department of Homeland Security, is tightening the border security of the Northern Marianas, particularly on Saipan, now that federal immigration law applies here.
ICE said immigration document and benefit fraud poses a serious threat to national security and public safety because they create vulnerabilities that may enable criminals and even terrorists to enter the U.S.
Wayne Wills, special agent-in-charge of ICE Office of Investigations, Honolulu, Hawaii, said uniformed ICE agents will be roaming Garapan, the center of business activities on Saipan.
His office is responsible for pursuing criminal offenses such as human smuggling and human trafficking, money laundering, narcotics, weapons trafficking, financial crimes, commercial fraud, child exploitation and violations related to intellectual property rights.
Wills said their focus here are human smuggling and human trafficking.
“[Our] agents will be very visible,” Wills said in a press conference on Tuesday at their new office in Puerto Rico.
He said it would be best for foreign nationals to posses their CNMI immigration documents.
“My suggestion would be to carry whatever proper immigration documents that show they are legally admitted to the CNMI,” he added.
Securing the islands’ maritime area with the help of the U.S. Coast Guard is also another focus of his office.
Wills said ICE’s primary mission is to enforce the law. It may be sometimes uncomfortable to the community but the law must be enforced, he added.
Tuesday, December 01, 2009
Parole status offered to foreign dependents of FAS citizens, others
Parole status offered to foreign dependents of FAS citizens, others
Wednesday, 02 December 2009 00:00 By Gemma Q. Casas - Reporter
THE U.S. Citizenship and Immigration Services says it will grant a two-year parole status on a case-by-case basis to eligible foreign nationals from certain impacted groups in the CNMI, like the foreign spouses and immediate relatives of citizens of the Freely Associated States.
This will allow them to stay on the islands even as the U.S. immigration law is applied here.
This parole status will also be offered to CNMI permanent residents and their immediate relatives and the spouses and children of deceased CNMI permanent residents.
The FAS are the Republic of Palau, the Federated States of Micronesia — Chuuk, Kosrae, Pohnpei, Yap — and the Republic of the Marshall Islands.
Citizens of these independent nations can freely travel, work and study anywhere in the U.S. and its territories like the CNMI.
But authorities said the law that extended U.S. immigration jurisdiction to the CNMI, U.S. Public Law 110-229 or the Consolidated Natural Resources Act of 2008, does not provide any U.S. immigration status to their foreign dependents living in the CNMI.
David Gulick, district director of the USCIS, said this parole status is not mandatory and is being offered for humanitarian reasons to minimize potential adverse economic impact on the CNMI and support future business growth here.
“We’re not going to mandate that they take advantage of it but we will make it available for them…. This is unique to the CNMI. Let’s say, a Marshallese has a spouse from Mexico [then the parole status is recommended],” he said.
Alexander Y. Hartman, immigration policy advisor of the Department of Homeland Security’s Office of Policy Development, said their department is offering the parole status to these foreign nationals in good faith and for humanitarian reasons.
“It is a compassionate decision made by DHS recognizing the unique situation of the islands,” he said.
The parole status is valid for two years and will be renewable subject to certain conditions.
The USCIS has the discretion to terminate the parole status if the parolee committed a crime in the CNMI or is experiencing a personal change in circumstances affecting eligibility.
Under this parole policy, the USCIS defined an immediate relative as a legally recognized spouse; a child under the age of 21 whether natural or adopted before the age of 18; a stepchild if the marriage that established that relationship took place before the child’s 18th birthday; or a surviving spouse or child of a CNMI permanent resident.
Gulick said there is no filing fee to obtain parole in the CNMI under this program.
However, fees will be charged if they leave the islands and get the appropriate documents to travel.
Applicants for the parole status are advised to first make an appointment online to visit the USCIS Application Support Center on Saipan.
Wednesday, 02 December 2009 00:00 By Gemma Q. Casas - Reporter
THE U.S. Citizenship and Immigration Services says it will grant a two-year parole status on a case-by-case basis to eligible foreign nationals from certain impacted groups in the CNMI, like the foreign spouses and immediate relatives of citizens of the Freely Associated States.
This will allow them to stay on the islands even as the U.S. immigration law is applied here.
This parole status will also be offered to CNMI permanent residents and their immediate relatives and the spouses and children of deceased CNMI permanent residents.
The FAS are the Republic of Palau, the Federated States of Micronesia — Chuuk, Kosrae, Pohnpei, Yap — and the Republic of the Marshall Islands.
Citizens of these independent nations can freely travel, work and study anywhere in the U.S. and its territories like the CNMI.
But authorities said the law that extended U.S. immigration jurisdiction to the CNMI, U.S. Public Law 110-229 or the Consolidated Natural Resources Act of 2008, does not provide any U.S. immigration status to their foreign dependents living in the CNMI.
David Gulick, district director of the USCIS, said this parole status is not mandatory and is being offered for humanitarian reasons to minimize potential adverse economic impact on the CNMI and support future business growth here.
“We’re not going to mandate that they take advantage of it but we will make it available for them…. This is unique to the CNMI. Let’s say, a Marshallese has a spouse from Mexico [then the parole status is recommended],” he said.
Alexander Y. Hartman, immigration policy advisor of the Department of Homeland Security’s Office of Policy Development, said their department is offering the parole status to these foreign nationals in good faith and for humanitarian reasons.
“It is a compassionate decision made by DHS recognizing the unique situation of the islands,” he said.
The parole status is valid for two years and will be renewable subject to certain conditions.
The USCIS has the discretion to terminate the parole status if the parolee committed a crime in the CNMI or is experiencing a personal change in circumstances affecting eligibility.
Under this parole policy, the USCIS defined an immediate relative as a legally recognized spouse; a child under the age of 21 whether natural or adopted before the age of 18; a stepchild if the marriage that established that relationship took place before the child’s 18th birthday; or a surviving spouse or child of a CNMI permanent resident.
Gulick said there is no filing fee to obtain parole in the CNMI under this program.
However, fees will be charged if they leave the islands and get the appropriate documents to travel.
Applicants for the parole status are advised to first make an appointment online to visit the USCIS Application Support Center on Saipan.
Thursday, November 26, 2009
Judge stops DHS from implementing interim final rule
Judge stops DHS from implementing interim final rule
Friday, November 27, 2009
Agency told to come up with regs for alien workers to travel in, out of NMI
By Ferdie de la Torre
Reporter
The federal government's interim final rule on the CNMI transitional worker program will not go into effect tomorrow, Saturday, after the judge handling the CNMI government's lawsuit against federalization issued a preliminary injunction yesterday to prevent the rule from going into effect pending the outcome of the lawsuit.
U.S. District Court for the District of Columbia Judge Paul L. Friedman agreed with the CNMI government that the U.S. Department of Homeland Security had no reasonable basis for publishing the interim rule without giving the CNMI and other stakeholders time to comment, as required under the Administrative Procedures Act.
To help alien workers leave and re-enter the CNMI or for employers to hire needed off-island workers, Friedman suggested that DHS promulgate a narrowly focused and temporary emergency regulation that addresses these issues.
Labor special counsel Deanne Siemer said this is virtually a command for DHS to come up with an emergency regulation that would allow aliens in the CNMI to travel in and out.
Also, since no U.S. Citizenship and Immigration Services' regulations on CW status or business permits will come into effect tomorrow, the CNMI will continue to operate under its existing labor system except for entry and exit, Siemer said.
The interim rule defines the types of businesses that will be eligible to receive permits for alien workers. It sets a numerical limit on the number of permits that will be granted between Nov. 28, 2009 and Sept. 30, 2010. It also outlines requirements that must be met by employers seeking to obtain a permit.
The CNMI, through the Block and Jenner law firm, asked the court to bar the implementation of the regulations, citing that DHS violated the APA in promulgating them. The CNMI argued that DHS wrongfully dispensed with the notice-and-comment procedures required by the law.
The federal government countered that DHS' action does not violate the APA because it had “good cause” to dispense with the requirement.
In granting the CNMI's motion, Friedman said DHS first provided public notice of the rule when it published the rule in the Federal Register on Oct. 27, 2009.
“Since the interim rule was already in its final form on that date, it is undisputed that DHS failed to provide the notice and opportunity for comment typically required by the APA,” Friedman said.
The judge concluded that upon consideration of the totality of the circumstances surrounding the issue, the CNMI is likely to succeed on its claim that DHS did not have “good cause” to dispense with the notice-and-comment procedures and thus violated the APA.
The federal government suggested that providing notice and an opportunity to comment prior to promulgating the rule was impracticable because Congress, in passing the Consolidated Natural Resources Act (federalization law), imposed several burdensome administrative duties on DHS and only allowed the agency 18 months in which to fulfill them.
Friedman found this argument unpersuasive. He said the interim rule will dramatically alter the CNMI's current system for admitting guest workers, who constitute two-thirds of the CNMI's private workforce.
In short, the judge said, the rule will enact far-reaching changes that likely will have significant effects on the CNMI labor market, and it will do so despite the fact that it has not “been tested via exposure to diverse public comment.”
Friedman found convincing the CNMI's arguments that residents and government have meaningful concerns about the rule.
Friedman cited that the criteria established by the rule for issuance of permits for new guest workers to employers may be inadequate.
As written, the judge pointed out, the rule requires employers seeking permits to “consider all available U.S. workers for the position” that is to be filled by a new guest worker, but does not require those employers to consider guest workers already present in the Commonwealth for the position.
To ensure that employers have “considered available U.S. workers,” the rule only asks that employers attest that they have done so, Friedman said.
“The CNMI posits that such attestations may 'be prone to fraud and leave qualified U.S. citizens unemployed,' a matter it would have raised and documented if it had been given the opportunity to comment,” he said.
The judge added that if he ultimately decides the merits of the CNMI's APA claim in the Commonwealth's favor, the damage done by DHS' violation of the APA cannot be fully cured by later remedial action.
He noted that once the program structured by the rule has begun operation as scheduled on Nov. 28, 2009, DHS is far less likely to be receptive to comments.
“If the interim permit rule is not enjoined prior to its effective date, the CNMI will never have an equivalent opportunity to influence the rule's contents,” Friedman said.
The federal government has provided no evidence to show how many workers and businesses will be affected by a temporary delay in the implementation of the rule, and the court is aware of none.
Friedman said it is unclear that foreign workers otherwise eligible under the Immigration and Nationality Act will be able to leave the CNMI and re-enter it within the first several weeks after Nov. 28, 2009, even if the rule is in place.
“Similarly, while the interim permit rule creates a mechanism whereby a CNMI employer may arrange to hire foreign workers from outside the Commonwealth, it is difficult to know whether employers will have much need for that mechanism in the weeks immediately following Nov. 28, 2009.”
Friedman said the emergency rules to address the problem of foreign workers seeking to leave and return to the CNMI or employers in need of workers from outside the CNMI may be promulgated without notice and comment, since they fall within the APA's “good cause” exception.
“It is unfortunate that DHS may have to issue such ad hoc emergency rules. The court emphasizes, however, that this is a problem of the agency's own making,” he said.
Had DHS released the rule earlier in the year and provided the public with notice and an opportunity for comment, the current problem would never have arisen, he said.
“DHS should not now expect to excuse its violation of the APA by pointing to the problems created by its own delay,” Friedman said.
By failing to meet even the minimum standards set by the APA, DHS has also failed to comply fully with Congress' intent to secure the meaningful involvement of the Commonwealth in the transformation of the CNMI's immigration law, he said.
Friedman said the transitional work permitting program “is of great importance to the CNMI, since it has the potential to transform the nature of the Commonwealth's workforce.”
“That program also involves an area-the regulation of immigration into the CNMI-about which the Commonwealth has significant expertise, having knowledge of the needs of its own economy and having operated its own immigration program for decades,” he said.
The judge said the public interest will be best served if the rule is temporarily stopped so that it may be revised as necessary by DHS upon receipt of comments and advice from the CNMI and other parties.
Friday, November 27, 2009
Agency told to come up with regs for alien workers to travel in, out of NMI
By Ferdie de la Torre
Reporter
The federal government's interim final rule on the CNMI transitional worker program will not go into effect tomorrow, Saturday, after the judge handling the CNMI government's lawsuit against federalization issued a preliminary injunction yesterday to prevent the rule from going into effect pending the outcome of the lawsuit.
U.S. District Court for the District of Columbia Judge Paul L. Friedman agreed with the CNMI government that the U.S. Department of Homeland Security had no reasonable basis for publishing the interim rule without giving the CNMI and other stakeholders time to comment, as required under the Administrative Procedures Act.
To help alien workers leave and re-enter the CNMI or for employers to hire needed off-island workers, Friedman suggested that DHS promulgate a narrowly focused and temporary emergency regulation that addresses these issues.
Labor special counsel Deanne Siemer said this is virtually a command for DHS to come up with an emergency regulation that would allow aliens in the CNMI to travel in and out.
Also, since no U.S. Citizenship and Immigration Services' regulations on CW status or business permits will come into effect tomorrow, the CNMI will continue to operate under its existing labor system except for entry and exit, Siemer said.
The interim rule defines the types of businesses that will be eligible to receive permits for alien workers. It sets a numerical limit on the number of permits that will be granted between Nov. 28, 2009 and Sept. 30, 2010. It also outlines requirements that must be met by employers seeking to obtain a permit.
The CNMI, through the Block and Jenner law firm, asked the court to bar the implementation of the regulations, citing that DHS violated the APA in promulgating them. The CNMI argued that DHS wrongfully dispensed with the notice-and-comment procedures required by the law.
The federal government countered that DHS' action does not violate the APA because it had “good cause” to dispense with the requirement.
In granting the CNMI's motion, Friedman said DHS first provided public notice of the rule when it published the rule in the Federal Register on Oct. 27, 2009.
“Since the interim rule was already in its final form on that date, it is undisputed that DHS failed to provide the notice and opportunity for comment typically required by the APA,” Friedman said.
The judge concluded that upon consideration of the totality of the circumstances surrounding the issue, the CNMI is likely to succeed on its claim that DHS did not have “good cause” to dispense with the notice-and-comment procedures and thus violated the APA.
The federal government suggested that providing notice and an opportunity to comment prior to promulgating the rule was impracticable because Congress, in passing the Consolidated Natural Resources Act (federalization law), imposed several burdensome administrative duties on DHS and only allowed the agency 18 months in which to fulfill them.
Friedman found this argument unpersuasive. He said the interim rule will dramatically alter the CNMI's current system for admitting guest workers, who constitute two-thirds of the CNMI's private workforce.
In short, the judge said, the rule will enact far-reaching changes that likely will have significant effects on the CNMI labor market, and it will do so despite the fact that it has not “been tested via exposure to diverse public comment.”
Friedman found convincing the CNMI's arguments that residents and government have meaningful concerns about the rule.
Friedman cited that the criteria established by the rule for issuance of permits for new guest workers to employers may be inadequate.
As written, the judge pointed out, the rule requires employers seeking permits to “consider all available U.S. workers for the position” that is to be filled by a new guest worker, but does not require those employers to consider guest workers already present in the Commonwealth for the position.
To ensure that employers have “considered available U.S. workers,” the rule only asks that employers attest that they have done so, Friedman said.
“The CNMI posits that such attestations may 'be prone to fraud and leave qualified U.S. citizens unemployed,' a matter it would have raised and documented if it had been given the opportunity to comment,” he said.
The judge added that if he ultimately decides the merits of the CNMI's APA claim in the Commonwealth's favor, the damage done by DHS' violation of the APA cannot be fully cured by later remedial action.
He noted that once the program structured by the rule has begun operation as scheduled on Nov. 28, 2009, DHS is far less likely to be receptive to comments.
“If the interim permit rule is not enjoined prior to its effective date, the CNMI will never have an equivalent opportunity to influence the rule's contents,” Friedman said.
The federal government has provided no evidence to show how many workers and businesses will be affected by a temporary delay in the implementation of the rule, and the court is aware of none.
Friedman said it is unclear that foreign workers otherwise eligible under the Immigration and Nationality Act will be able to leave the CNMI and re-enter it within the first several weeks after Nov. 28, 2009, even if the rule is in place.
“Similarly, while the interim permit rule creates a mechanism whereby a CNMI employer may arrange to hire foreign workers from outside the Commonwealth, it is difficult to know whether employers will have much need for that mechanism in the weeks immediately following Nov. 28, 2009.”
Friedman said the emergency rules to address the problem of foreign workers seeking to leave and return to the CNMI or employers in need of workers from outside the CNMI may be promulgated without notice and comment, since they fall within the APA's “good cause” exception.
“It is unfortunate that DHS may have to issue such ad hoc emergency rules. The court emphasizes, however, that this is a problem of the agency's own making,” he said.
Had DHS released the rule earlier in the year and provided the public with notice and an opportunity for comment, the current problem would never have arisen, he said.
“DHS should not now expect to excuse its violation of the APA by pointing to the problems created by its own delay,” Friedman said.
By failing to meet even the minimum standards set by the APA, DHS has also failed to comply fully with Congress' intent to secure the meaningful involvement of the Commonwealth in the transformation of the CNMI's immigration law, he said.
Friedman said the transitional work permitting program “is of great importance to the CNMI, since it has the potential to transform the nature of the Commonwealth's workforce.”
“That program also involves an area-the regulation of immigration into the CNMI-about which the Commonwealth has significant expertise, having knowledge of the needs of its own economy and having operated its own immigration program for decades,” he said.
The judge said the public interest will be best served if the rule is temporarily stopped so that it may be revised as necessary by DHS upon receipt of comments and advice from the CNMI and other parties.
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