H.R. 9787: Northern Mariana Islands Labor Stabilization Act

This bill would change the labor and immigration rules that apply to the Commonwealth of the Northern Mariana Islands (CNMI), mainly by extending and revising its special worker program.

What the bill changes

• Extends the transition period: The current labor transition program would be extended from its existing end date to at least December 31, 2039, and potentially longer if the program period is extended again under the bill.
• Renames the program and workers: The law would replace terms like “transition period” and “transitional worker” with “labor stabilization program period” and “Commonwealth Only Worker.”
• Changes how foreign worker permits are handled: The bill would keep the CNMI’s special permit system in place, but update how it works and who makes decisions about it.
• Applies Guam labor certification rules to CNMI: For certain temporary work petitions, the same temporary labor certification process used for Guam would also apply in the CNMI, with references to the Governor of Guam treated as references to the Governor of CNMI.
• Sets a yearly permit cap: The Secretary of Labor, in consultation with the CNMI Governor, would set the annual number of permits available each fiscal year, up to a maximum of 15,000.
• Adds extra permits for construction jobs: The Department of Homeland Security would add 3,000 additional permits per year for construction and extraction occupations.
• Limits who can fill construction permits: Those construction-related permits could only go to workers from countries that were eligible for the program in calendar year 2024.
• Changes wage rules: The required wage for certain workers would be set at 75% of the applicable wage or the federal minimum wage, whichever is higher.
• Changes permit timing and validity: Some processing timelines would be lengthened, and permits for Commonwealth Only Workers would generally be valid for up to 1 year, with renewals possible. Certain long-term workers could receive up to 3-year permits.
• Creates a possible future extension process: The Secretary of Labor would review CNMI labor needs by July 1, 2039 and could extend the labor stabilization period by up to 10 years at a time, with additional successive extensions possible after new reviews.
• Imposes a fee: Employers filing petitions would have to pay a $150 enforcement fee per petition, and the money would be used for immigration law enforcement and related enforcement under this section.
• Updates eligibility for benefits: The bill would add certain long-term CNMI residents to the definition of “qualified alien” for some federal benefit purposes.
• Adjusts immigration-related fee language: It would expand the types of fees covered under the CNMI covenant to include immigration and naturalization fees.
• Changes a rule on unlawful presence: It would create an exception for certain former CNMI transitional workers who meet specific residence and petition requirements.

Agency rulemaking

The Secretary of Homeland Security and the Secretary of Labor would each have to issue interim final rules within 180 days of enactment to explain how they will carry out the law. They would also have to consider written recommendations from the CNMI Governor submitted within 60 days after enactment.

When it would apply

Most of the bill would take effect on the first day of the first fiscal year after enactment, and would apply to petitions filed on or after that date, unless the bill says otherwise.

Relevant Companies

None found.