Alien worker’s immediate family member

[B]Q: When can an immediate family member of an alien worker be allowed to enter the CNMI?

A: [/B]An “immediate family member” of a foreign national worker is a spouse for whom the worker can produce an appropriate marriage certificate or record. An “immediate family member” of the worker is also a child for whom the worker can produce an appropriate birth certificate or record.

Pursuant to the Public Law 15-108 or the new labor reform law, an immediate family member may enter the CNMI if the worker provides documentation that he or she earns an annual wage equal to or greater than 150 percent of the U.S. Department of Health and Human Services Poverty Guidelines for the State of Hawaii. According to Labor, these guidelines are published each year in the Federal Register and online at htpp://aspe.hhs.gov/poverty/07poverty.shtml.

Alternatively, according to the new Alien Labor Rules and Regulations, a worker may provide equivalent assurance that immediate family members will not require social services from the CNMI government due to lack of income or support during their period of stay in the Commonwealth. This may include information with respect to housing arrangements, cooking facility and food arrangements, and an undertaking not to apply for or accept such social services directly or indirectly.

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[B]Q: What are the other requirements needed for an alien worker to bring in an immediately family member?

A:[/B] The other requirement is documentation of insurance coverage for each family member entering the CNMI. The worker must also show documentation of arrangements for the education of each minor child entering the CNMI.

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[B]Q: Can an alien worker who has been in the CNMI for one year permitted to bring in his or her immediate family member?

A:[/B] According to the Regulations, an immediate family member may enter the CNMI only after 90 days have passed since the alien worker entered. For purposes of this requirement, the alien worker “entered” the CNMI on the date that his or her entry permit was issued.

An immediately family member may enter the CNMI as a student at a private education institution and as a parent accompanying a student under the special visa provisions with respect to student visitors. An immediate family member over the age of 21 may be employed in the CNMI and the same terms and subject to the same terms and subject requirements as any foreign national worker. No exit from the CNMI is required to change from immediate family member status to foreign national worker status.

[I]Disclaimer: Readers should conduct their own research and due diligence and obtain professional legal advice. Saipan Tribune will not be liable for any loss or damage caused by a reader’s reliance on information obtained from this section. Submit questions on labor issues to Saipan Tribune via e-mail at editor@saipantribune.com, or by calling 235-6397, 235-2440, or 235-8747 and leaving a message at Ext. 133 or 135. You may also submit questions in person by writing it down and dropping it off at the Saipan Tribune’s office on the second floor of the CIC Centre on Beach Road, Garapan. [/I]