Labor business outreach: Reviewing annual Workforce Plan requirement

The CNMI Department of Labor reaffirms the enforcement of the annual Workforce Plan requirement for all businesses under Title 80 § 80-20.1-510, emphasizing the critical goal of achieving a 30% workforce participation requirement of citizens, U.S. permanent residents, and CNMI permanent residents in every business establishment. This requirement is measured through the Census of Employment, a quarterly submission that documents workforce composition.

The Workforce Plan is the plan business owners are required to submit annually that details how they will replace specific positions currently held by nonimmigrant aliens with qualified citizens, CNMI permanent residents, and U.S. permanent residents. Businesses that do not employ foreign workers are exempt from submitting a Workforce Plan.

Businesses that have consistently complied with the workforce participation requirement for the previous two years can apply for an exemption. This exemption can be obtained by providing adequate documentation and submitting a certification request form. The CNMI DOL is finalizing a standardized form for this process, which is expected to be available by September 2024.

The CNMI DOL evaluates the “good faith effort” of businesses in their Workforce Plan submissions. It has been observed that many plans are overly generic, merely stating intentions such as “Within 1-6 months prior to CW1 expiration, we will post JVA at CNMI DOL website” or even less detailed, such as “JVA six months prior to expiration.” Such plans fail to demonstrate a substantive effort toward achieving the workforce participation objective and do not demonstrate a “good faith effort” in the eyes of the department.

A key question posed to the CNMI by USDOL officials is, “What is the CNMI’s long-term strategy for replacing foreign workers with U.S. workers?” Simply posting a Job Vacancy Announcement (JVA) six months before a foreign worker’s visa expiration is not a sufficient long-term strategy. The CNMI DOL urges businesses to develop comprehensive Workforce Plans that outline a clear and actionable strategy for workforce localization.

The CNMI DOL strongly encourages businesses to engage with the Division of Employment Services to participate in their applicant referral process. Applicants who are referred by the DES are given a QR code for employers to scan and provide feedback on the interview and in general. This feedback will be used to establish training and coaching plans for DOL consumers. The department is making efforts to increase referral services and plan outreach and training opportunities to consumers in an effort to improve their chances at being hired, especially for entry level positions.

Another division that provides a variety of training and certification opportunities is the Workforce Investment Agency. Through the Workforce, Opportunity, and Innovation Act Title 1 Programs, WIA can significantly aid businesses in transitioning their workforce by taking the risk out of investing in a new employee. There are several different programs available to businesses that can be tailored for their specific needs. From providing up to 100% wages for trainees and interns, to 50% reimbursement of wages to incumbent workers who are registered apprentices, to also covering personal protective equipment costs, other supportive services, as well as funding for training courses from a variety of educational and training providers. The beauty of WIA programs are that they are not one size fits all, rather, they can be tailored to the needs of the business.

Participation in these programs is a critical component of demonstrating a good faith effort to meet workforce participation goals. Participation in these programs is something the CNMI DOL wants to see more of in the Workforce Plans, especially in the highest need industries of Construction, installation, maintenance and repair. Through this, the CNMI DOL encourages all businesses to take a proactive role in developing a skilled and independent local workforce.

This effort is vital for the economic stability and growth of the Commonwealth. To learn more about WIA programs and other workforce development opportunities, visit the CNMI Labor website at labor.cnmi.gov. (PR)

CNMI Labor