Federal moratorium
A: Public[/B] Law 110-229 or the federalization law requires that: “During the period beginning on the date of the enactment of this Act and ending on the transition period program effective date…the CNMI government shall not permit an increase in the number of alien workers who are present in the Commonwealth as of the date of the enactment of this Act.”
According to the CNMI Department of Labor’s Employment Rules and Regulations, the numerical cap of the number of alien workers who are present in the CNMI is 22,417.
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[B]Q: Who are those not considered alien workers?A:[/B] The Regulations state that persons who entered or enter the CNMI as tourists, students, immediate relatives of aliens (who are not permitted to work), for investment purposes, or under treaty provisions are not included in the term “alien workers.” Classification of any alien present in the Commonwealth is determined by the last approved permit application.
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[B]Q: Who are those alien workers considered present in the CNMI?A:[/B] According to the Regulations, the term “present in the Commonwealth” includes “alien workers” who had an authorization for entry on the effective date, “alien workers” who were temporarily absent from the CNMI on the effective date due to medical referral, home leave, family leave, vacation, work assignment, or other temporary absence, and alien workers without current status on the effective date.
The Regulations state that Labor should publish each month on its website, on the day after the last business day of the month, the names of the “alien workers” who have departed the CNMI within that month and will publish at the same time the names of the “alien workers” who have entered the Commonwealth within that month. Labor is not allowed to let “alien workers” enter in the CNMI in a number that exceeds the number who have departed.
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[I][B]Disclaimer[/B]: 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]