GAO: Increase in worker permit fees is probable

Employers can expect to pay more for worker permits under the proposed federalized immigration system for the Northern Marianas.

The U.S. Government Accountability Office, in its legal analysis of S. 2739, says the fees for the transition period programs are still undetermined, but an increase is probable.

Under the proposed legislation, the CNMI-only work permit fee includes $150 paid by employers annually to fund vocational education in the CNMI.

But the GAO said it is not known how the full fee will compare to the current CNMI foreign worker permit fee of $250 a year.

In addition to the $250 worker permit fee paid by employers, foreign workers currently pay an annual alien registration fee of $25.

After the end of the transition period and any extensions of the CNMI-only work permit program, standard U.S. fees would apply, including Department of Labor fees for labor certification, Department of Homeland Security petition fees paid by the employer, and Department of State visa fees paid by the worker.

The current fees for U.S. foreign worker permits range higher than the CNMI’s current fees for foreign workers.

The existing U.S. fee for an H-1B or specialty worker visa ranges from $320 to $2,320. The range includes supplemental fees of $750 or $1,500 and fraud prevention fee of $500 required for some petitions.

For an H-2A or agricultural worker visa, the fee is $320 for petition and $100 plus $10 for each additional worker for DOL certification.

For an H-2B or non-agricultural worker visa, the fee is $470, which includes $320 for petition and $150 fraud prevention fee.

Changes are also expected in required bond costs. Currently, CNMI law has varying bond requirements for employers. But one option is for employers to pay $75 per worker into a revolving trust fund.

U.S. laws provide discretionary federal authority to impose bonds of between $5 and $15 per worker on employers and $500 on the alien. But GAO cited DHS as saying that nonimmigrant bonds are rarely required.

The federalization bill would allow DHS to charge fees to recover the full cost of providing adjudication and naturalization services, including any administrative costs.

Meanwhile, the bill would remove the CNMI’s ability to collect fees for immigration and naturalization.