HR9787119th CongressWALLET

Northern Mariana Islands Labor Stabilization Act

Sponsored By: Representative King-Hinds, Kimberlyn [R-MP-At Large]

Introduced

Summary

This bill would extend the CNMI labor stabilization program and rewrite how temporary foreign-worker permits are allocated, limited, and enforced in the Commonwealth of the Northern Mariana Islands (CNMI).

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  • CNMI workers and employers: It would cap annual CNMI permits at 15,000 and reserve 3,000 slots per year for construction and extraction workers from eligible countries.
  • Immigration and benefits: It would add CNMI long-term residents to the "Qualified Alien" definition under the Personal Responsibility and Work Opportunity Reconciliation Act and create alternate inadmissibility tests requiring either a 2-year U.S. presence or a 5-year CNMI presence for certain entrants.
  • Federal rules and enforcement: DHS must publish the annual numerical limit at least 180 days before the fiscal year and can default to the prior year's level if no notice appears. The bill also imposes a $150 enforcement fee per employer petition and requires DHS and the Department of Labor to issue interim final rules within 180 days while considering Governor recommendations.

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 2 benefits, 2 costs, 3 mixed.

Lower prevailing wage for CNMI jobs

This bill would set the prevailing wage under the alternative method at 75% of the wage otherwise determined for the position or the federal minimum wage, whichever is higher. That new prevailing wage rule would begin the first day of the first fiscal year after enactment. Employers would be allowed to pay the lower 75%-based rate when that method applies.

More federal benefits for long-term CNMI residents

This bill would add people lawfully admitted for long-term residence in the CNMI under the specified Joint Resolution provision to the PRWORA "qualified alien" category. If enacted, that change could let those individuals qualify for federal means-tested benefits, such as SNAP or Medicaid, starting the first day of the first fiscal year after enactment.

Easier CNMI reentry rules for some

This bill would let some CNMI entrants use a five-year CNMI-presence test instead of the two-year U.S.-presence test for certain inadmissibility rules. It would also create a limited exception to the INA unlawful-presence reentry bar for some former CNMI transitional workers who meet specific admission and continuous-residence conditions.

New $150 CNMI employer fee

This bill would require employers filing CNMI petitions to pay an extra $150 enforcement fee for each petition. The fee would be in addition to other petition fees. All collected amounts would be available to the Department of Homeland Security to enforce immigration laws and the CNMI program.

New CNMI application rules and deadlines

This bill would apply Guam's temporary labor certification procedures to the CNMI and require an approved temporary labor certification to be submitted with any petition. It would change some procedural deadlines (for example, a 10-day rule becomes 90 days) and change some review frequencies to biennial. The bill would also require DHS and Labor to publish interim final rules within 180 days and to consider Governor recommendations submitted within 60 days.

New CNMI permit caps and lengths

This bill would require the Secretary of Homeland Security, with the CNMI Governor, to set an annual limit on CNMI work permits that may not exceed 15,000 per fiscal year. The Secretary would have to publish the limit at least 180 days before the fiscal year, and if no new notice appears the limit would default to the prior year (still capped at 15,000). Each year the Secretary would add 3,000 permits for Construction and Extraction jobs (SOC Group 47-0000), with the 2024 extra permits limited to nationals eligible under the cited INA provision. A standard Commonwealth Only Worker permit would be valid up to one year and renewable for one-year periods. Some long-term former transitional workers admitted in FY2015 and in two of FY2016–FY2019 could get up to three-year permits, renewable for three-year periods. Each year a permit is valid would count toward the program's annual cap.

Secretary can extend CNMI labor program

This bill would require the Secretary of Labor to decide by July 1, 2039 whether to extend the CNMI labor stabilization program for up to 10 years. If the Secretary makes an affirmative determination, the program could be extended by notice in the Federal Register. Extensions could be repeated, but each would require a new determination before it begins.

Sponsors & CoSponsors

Sponsor

King-Hinds, Kimberlyn [R-MP-At Large]

MP • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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