CW-1 slots reduced by 3,000
After several weeks’ delay, U.S. Citizenship and Immigration Services finally set the CW-1 cap for fiscal year 2018 last night, establishing the number of slots at 9,998—a reduction of 3,000 slots.
USCIS was scheduled to set the limit last night by having it published in the Federal Register. The move, described by the Torres administration last night as “ a tremendous blow to our economy,” is in preparation for the expiration of the CNMI Transitional Worker Program in 2019.
In a statement from the Office of the Governor in expectation of the USCIS announcement last night, it said that Gov. Ralph DLG Torres, after learning that USCIS intended to reduce the slots by up to half the total slots for fiscal year 2018, flew to Washington, D.C. to lobby for the “continuity of our economic growth” and have since then been following up with USCIS daily.
“[The Department of Homeland Security] told me it is their legal responsibility to make larger cuts to the CW number under the current law in order for the CNMI to reach zero by 2019,” said Torres in the statement.
He said that, under Public Law 110-229, or the Consolidated Natural Resources Act of 2008, “the effect could have been far more severe.”
“It was incredibly difficult to argue against the facts of the current law,” Torres said.
He recounted that in his many conversations with federal officials about the reduction, he urged them to allow the CNMI economy to survive for at least another year.
“And that is where they have decided on a 3,000-permit reduction,” Torres said. “It is not what any of us would have hoped for, but this underlines a more important point.”
Under the current law, the CW-1 number will be zero by 2019, and the CNMI can expect even more dramatic cuts next year, “unless Congress can amend and extend the transition period beyond 2019.”
Torres acknowledged that the cut would result in businesses having to make difficult choices, and families having to make incredible sacrifices.
“For that I am sorry, but we cannot and will not stop our efforts,” he said.
He pointed out that the CNMI community has made it through the most difficult times. “We have made it through incredible storms both natural and economic together, and I know we can do it again. As we continue to do what we can on this federal issue, I will keep you, our community, informed.”
Torres also sought the cooperation of Delegate Gregorio Kilili C. Sablan (Ind-MP), who previously recommended a reduction of only one for the fiscal year 2018 CW-1 numerical cap.
“I am publicly asking Congressman Sablan to work with me and the community to make the extension of the CW program the top priority on his agenda before it is too late. There is too much at stake to hold off any farther. If we want the jobs we have created to remain, the economy to continue to grow, and more opportunities to arise, Congressman Sablan needs to put in all of his effort in moving this through Congress as quickly as possible. I am willing, as I have always been, to work with him on this effort,” said Torres, adding that politics be set aside to focus on “the needs of our entire community–everyone who calls these islands home.”
Saipan Tribune tried to obtain comments from Sablan yesterday but his office stated that he would be issuing a comment once the USCIS announcement is published in the Federal Register.
The Federal Register was published last night at 10:45pm (ChST).
Extremely troubling
Rep. Angel Demapan (R-Saipan), who will be running against Sablan in the 2018 election, expressed concern last night, saying the reduction would have a “very negative impact” on the “upward economic growth” the CNMI is currently experiencing.
“It will choke our business community, inevitably forcing many businesses in the Commonwealth to reduce services or ultimately, completely shut down, resulting in the loss of so many new jobs in our community,” he said in a statement.
Demapan said the enactment of P.L. 110-229 in 2008 “made dramatic changes” to the economy, imposed the transitional worker program deadline of 2019, and “arbitrarily removed the U.S. Secretary of Labor’s discretionary authority to grant any further extension or delay.”
“Unfortunately, the members of the U.S. Congress, including our delegate, did not make any attempt to preserve the Secretary of Labor’s discretionary authority, which would have served as a safeguard to protect the CNMI’s economic growth from being halted and jeopardized.”
According to Demapan, a fix for the CW-1 program could only also be changed by an act of Congress.
He added that Sablan’s H.R. 339, which was enacted last Aug. 23, 2017, was “severely short-sighted” and failed to address the “long-term needs of our Commonwealth.”
H.R. 339 essentially bumped up the number of CW-1 slots for fiscal year 2017 by 350, with 60 slots allotted to health-related occupations and 10 slots allotted to Commonwealth Utilities Corp. engineers.
Other key provisions of H.R. 339 include removing construction workers from the CW-1 program and a $50-increase in the education fee that employer’s pay when petitioning a foreign worker. The fee used to be $150 but is now $200. The money, which goes back to the NMI government, is used to fund local educational programs.
“It would have been more prudent for…Sablan to focus his efforts on drafting legislation aimed at strengthening the CNMI’s workforce needs based on our current economic growth and ongoing developments,” said Demapan.
According to a previous interview with Sablan, he said that H.R. 339 was a short-term solution to address the crisis caused by Chinese construction companies hogging about 4,000 CW-1 slots for fiscal year 2017. Sablan emphasized that the mere act of passing a bill in a period where the U.S. House is in recess is rare, highlighting the significance of H.R. 339 passing Congress.
“Going forward with any long-term solution, I think we have now achieved recognition for the need for some flexibility, depending on the circumstances, to adjust the number of workers so it meets our economic needs,” said Sablan in a previous statement.
Demapan said the only solution to saving the CNMI economy from the threat of a “misguided federal law” rests with members of Congress. He urged Sablan and Torres to work together with the business community on long-term fix for the CNMI’s economic growth.
Misguided federal law, nei, or misguided local politicians Angel? I’ll go with the later. While many would have hoped for a 6,000 reduction, 3,000 is a good start. Biba USCIS.
This whole CNMI past and present Admin are a joke. As the past has shown and NOW again, all wait until the 11th hour and cry for extension after extension. As examples, after years of notice that the Garment factories would be leaving NOTHING was done to prepare. In regards to wages, CW wages, private sector wages were kept at a much lower rate than the Govt. sector in attempts to keep the locals out of the private sector so that this area could capitalize on cheap labor.
When the Feds took over and imposed a yearly increase in wages across the board to eventually get to the then Fed minimum, his was also fight tooth and nail to keep delaying with delays being granted with the help of Kilili and then Gov. until finally no mas, the increase will continue.
Same with the CW’s extension until it will take and act of the US Congress to change so that no one individual or agency can grant anymore extensions.
So what dos the local govt. and private sector do over the years, very little while Kilili and Obama make more food stamps available and the private sector in alliance with our local DOL continue to repeatedly bypass the local hires in renewals of their CW ‘s while offering no training on the job for those interested etc.
Instead of our Govt., the private sector AND Kilili working on and putting forth offering a real longtime solution to ensure the future needed “temp” labor for the CNMI, ALL just crying for another extension. (as was predicted from the last ext)
It is long past to wake up and smell the coffee, it would seem that the handwriting is on the wall, there will be no EXTENSION, the program will be ended on schedule.
Past time to work on a “real” solution that will be totally transparent and away from the corruption of the private AND local Govt. sector.
Time to actually prove that this private sector AND local Govt. are serious in WORKING FOR THE PEOPLE and not themselves.
I would also go out on a limb and say that the Chinese “visa waiver” is also in the spotlight and will also be gone at the end of this CW program, if not before.
In 2008 the US Congress passed the CNRA, the Consolidated Natural Resources Act. It’s law. Part of the bill was that nothing should harm, or otherwise impede, the economic welfare of the CNMI. You have to hunt to find it – it’s a huge bill. But it is the law, and it’s in there.
So how does the DHS (a cabinet department) trump a Law passed by congress? i have asked about this often, but nobody seems to have any answers.
If enforced, this law would negate any DHS regulations.
Makes sense. Since when could administrative order from a department overrule laws approved by the US Congress?