Northern Mariana Islands Labor Stabilization Act

This Act may be cited as the “Northern Mariana Islands Labor Stabilization Act”.

(a) Extension of transition period.— Section 6 of the Joint Resolution entitled “A Joint Resolution to approve the “Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America”, and for other purposes” (48 U.S.C. 1806) is amended—

(1) in subsection (a)(2), by striking “December 31, 2029” and inserting “the date that is the later of December 31, 2039, or the date on which the labor stabilization program period expires pursuant to subsection (d)(8)”;

(2) in subsection (d)—

(A) in paragraph (2)—

(i) in subparagraph (A)—

(I) in clause (i), by striking “Beginning” and inserting “Subject to clause (iii) and beginning”; and

(II) by adding at the end the following:

“(iii) Application of Guam temporary labor certification procedures.—

(I) In general.— Beginning with petitions filed with employment start dates in the first fiscal year after the date of enactment of the “Northern Mariana Islands Labor Stabilization Act”, the temporary labor certification requirements and procedures applicable to temporary employment on Guam under clauses (iii) and (v) of section 214.2(h)(6) of title 8, Code of Federal Regulations (or a successor regulation), shall apply in the Commonwealth in the same manner as such requirements and procedures apply in Guam, except that any reference to the Governor of Guam shall be deemed to refer to the Governor of the Commonwealth of the Northern Mariana Islands.

(II) Petition requirement.— An approved temporary labor certification issued pursuant to this clause shall satisfy the requirement under clause (i) and shall be submitted with any petition filed with the Secretary under clause (ii).”; and

(ii) in subparagraph (B)—

(I) in clause (i)—

(aa) by inserting “and subject to clause (iii),” after “clause (i),”; and

(bb) by striking “an annual basis” and inserting “a biennial basis”; and

(II) by adding at the end the following:

“(iii) Calibration of alternative method.— The prevailing wage required to be paid pursuant to clause (ii) shall be 75 percent of the wage determined pursuant to that section or the Federal minimum wage, whichever is greater.”.

(B) in paragraph (3)—

(i) in subparagraph (A), by inserting “, in consultation with the Governor,” after “the Secretary”; and

(ii) by amending subparagraph (B) to read as follows:

“(B) Numerical cap.—

(i) In general.—

(I) Annual numerical limitation.— For each fiscal year during the labor stabilization program period, the Secretary, in consultation with the Governor, shall establish the numerical limitation on permits that may be issued under subparagraph (A) for such fiscal year. The numerical limitation established under this subclause may be increased or decreased from the numerical limitation established for the preceding fiscal year, except that such numerical limitation may not exceed 15,000 for any fiscal year.

(II) Notice.— The Secretary shall publish in the Federal Register the numerical limitation established under subclause (I) not later than 180 days before the first day of the fiscal year for which such limitation applies.

(III) Default limitation.— If the Secretary does not publish a numerical limitation under subclause (II) for a fiscal year, the numerical limitation for such fiscal year shall be the numerical limitation in effect for the preceding fiscal year, except that such limitation may not exceed 15,000.

(IV) Supplemental construction and extraction allocation.— Notwithstanding any numerical cap set forth in subclause (I), the Secretary of Homeland Security shall increase by 3,000, for each such fiscal year, the total number of permits available under this subsection for Construction and Extraction Occupations (as defined by the Department of Labor as Standard Occupational Classification Group 47–0000).

(ii) Construction occupations.— The permits allocated for Construction and Extraction Occupations (as defined by the Department of Labor as Standard Occupational Classification Group 47–0000) pursuant to this subparagraph may only be made available to foreign workers who are nationals of a country designated eligible to participate in the program under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) during calendar year 2024.”;

(C) in subparagraph (D)—

(i) in clause (iii)(I)(bb), by striking “10 days” and inserting “90 days”; and

(ii) by striking clause (v); and

(D) by striking subparagraph (E);

(3) by amending paragraph (7) to read as follows:

“(7) Permit validity; long-term workers.—

(A) In general.— Except as provided in subparagraph (B), a permit for a Commonwealth Only Worker shall be valid for a period not to exceed 1 year.

(B) Renewal.— A permit issued under subparagraph (A) may be renewed for additional periods of not more than 1 year each, subject to the requirements of this subsection.

(C) Long-term workers.— An alien who was admitted to the Commonwealth as a Commonwealth Only Transitional Worker— may be admitted as a Commonwealth Only Transitional Worker for a period that may not exceed 3 years and may be renewed for additional 3-year periods during the transition period. A permit issued pursuant to this subparagraph shall be counted toward the numerical cap for each fiscal year for which the permit is valid.

(i) during fiscal year 2015, and

(ii) during two of the fiscal years 2016, 2017, 2018, or 2019,”; and

(4) by adding at the end the following:

“(8) Labor stabilization period.—

(A) Labor needs.— The Secretary of Labor, in consultation with the Secretary, the Secretary of Defense, the Secretary of the Interior, and the Governor, shall, not later than July 1, 2039—

(i) determine the labor needs of the Commonwealth for the ensuing 10-year period; and

(ii) determine whether an extension of up to 10 years is necessary to ensure an adequate number of workers will be available for legitimate businesses in the Commonwealth.

(B) Subsequent determinations.— If the labor stabilization program period is extended under subparagraph (C), the Secretary of Labor, in consultation with the officials described in subparagraph (A), shall make a new determination under subparagraph (A) not later than July 1 of the calendar year in which the labor stabilization program period, as so extended, is scheduled to expire.

(C) Extension.— If the Secretary of Labor makes an affirmative determination under subparagraph (A) or (B), the Secretary of Labor may extend the labor stabilization program period for an additional period of up to 10 years by publishing notice of such extension in the Federal Register. Each extension under this subparagraph shall begin on the day after the date on which the labor stabilization program period would otherwise expire.

(D) Successive extensions.— The authority under this paragraph may be exercised for successive additional periods of up to 10 years, subject to a new determination under subparagraph (B) before each such extension.

(E) Factors considered.— In making a determination under this paragraph, the Secretary of Labor may consider, among other factors, labor market studies within the Commonwealth, the unemployment rate of United States workers and foreign workers in the Commonwealth, the good faith efforts made by the Commonwealth to locate, educate, train, or prepare United States workers and other individuals eligible to work in the United States to assume employment, available evidence that United States workers or other individuals eligible to work in the United States within the Commonwealth are not willing to accept jobs that are available, the effect of foreign workers on compensation, benefits, and living standards of existing workers, and the prior use of foreign workers to fill industry jobs including whether the industry requires foreign workers to fill such jobs.

(9) Enforcement fee.—

(A) In general.— In addition to any other fee applicable to a petition filed under this subsection, the Secretary shall impose a fee of $150 on each prospective employer filing such petition.

(B) Use of amounts.— Notwithstanding section 703(b) of this Joint Resolution, all amounts collected under subparagraph (A) shall be made available to the Secretary of Homeland Security to carry out enforcement of the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act) and this section.”.

(b) Qualified alien.— Section 431(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)) is amended—

(1) in paragraph (7), by striking “, or” and inserting a comma at the end;

(2) in paragraph (8), by striking the period at the end and inserting “, or”; and

(3) by adding at the end the following:

“(9) an alien who is lawfully admitted for long-term residence in the Commonwealth of the Northern Mariana Islands under section 6(e)(6) of the Joint Resolution entitled “A Joint Resolution to approve the “Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America”, and for other purposes”.”.

(c) Immigration and naturalization fees.— Section 703(b) of the Joint Resolution entitled “A Joint Resolution to approve the “Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America”, and for other purposes” (48 U.S.C. 1801 note) is amended by striking “quarantine and passport fees” and inserting “quarantine, passport, immigration and naturalization fees”.

(d) Commonwealth of the northern mariana islands.— Section 235(b)(1)(A)(iii)(II) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)(iii)(II)) is amended—

(1) by striking “been” and inserting “been—”; and

(2) by striking “admitted or paroled into the United States, and who has not affirmatively shown, to the satisfaction of an immigration officer, that the alien has been physically present in the United States continuously for the 2-year period immediately prior to the date of the determination of inadmissibility under this subparagraph.” and inserting the following:

“(aa) admitted or paroled into the United States, and who has not affirmatively shown, to the satisfaction of an immigration officer, that the alien has been physically present in the United States continuously for the 2-year period immediately prior to the date of the determination of inadmissibility under this subparagraph; or

(bb) admitted or paroled into the United States, and who has not affirmatively shown, to the satisfaction of an immigration officer, that the alien has been physically present in the Commonwealth of the Northern Mariana Islands continuously for the 5-year period immediately prior to the date of the determination of inadmissibility under this subparagraph.”.

(e) Labor stabilization program.— Section 6 of the Joint Resolution, as amended by subsection (a), is further amended—

(1) by striking “transition period” each place it appears and inserting “labor stabilization program period”;

(2) by striking “transition program” each place it appears and inserting “labor stabilization program”;

(3) by striking “Commonwealth Only Transition Worker” each place it appears and inserting “Commonwealth Only Worker”; and

(4) by striking “Commonwealth Only Transitional Worker” each place it appears and inserting “Commonwealth Only Worker”.

(f) Effective date for permit validity; long-Term workers.— The amendments made by subsection (a)(2)(C) shall take effect as if included in the enactment of Public Law 115–218.

(a) Secretary of Homeland Security.— Notwithstanding the requirements under section 553(b) of title 5, United States Code, the Secretary of Homeland Security shall publish in the Federal Register, not later than 180 days after the date of the enactment of this Act, an interim final rule that specifies how the Secretary intends to implement the amendments made by section 2 that relate to the responsibilities of the Secretary.

(b) Secretary of Labor.— Notwithstanding the requirements under section 553(b) of title 5, United States Code, the Secretary of Labor shall publish in the Federal Register, not later than 180 days after the date of the enactment of this Act, an interim final rule that specifies how the Secretary intends to implement the amendments made by section 2 that relate to the responsibilities of the Secretary.

(c) Recommendations of the Governor.— In developing the interim final rules under subsections (a) and (b), the Secretary of Homeland Security and the Secretary of Labor—

(1) shall each consider, in good faith, any written public recommendations regarding the implementation of this Act, or an amendment made by this Act, that are submitted by the Governor of the Commonwealth not later than 60 days after the date of the enactment of this Act; and

(2) may include provisions in such rule that are responsive to any recommendation of the Governor that is not inconsistent with this Act.

Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(iii)) is amended by adding at the end the following:

“(VI) Commonwealth Only Transitional Worker.— Clause (i) shall not apply to an alien who—

(aa) was admitted as a Commonwealth Only Transitional Worker prior to the fiscal year 2020;

(bb) has been unlawfully present in the United States for a period of less than 5 years prior to the date of the enactment of the ‘Northern Mariana Islands Labor Stabilization Act’;

(cc) has continuously resided in the Commonwealth of the Northern Mariana Islands beginning in fiscal year 2020 through the date of filing of a petition for classification as a Commonwealth Only Worker under section 6(d) of Public Law 94–241 (48 U.S.C. 1806(d)), as amended by section 2 of the ‘Northern Mariana Islands Labor Stabilization Act’; and

(dd) seeks admission to the Commonwealth of the Northern Mariana Islands pursuant to an approved petition described in item (cc).”.

Except as specifically otherwise provided, this Act and the amendments made by this Act—

(1) shall take effect on the first day of the first fiscal year after the date of the enactment of this Act; and

(2) shall apply to petitions for Commonwealth Only Transitional Workers filed on or after such date.