Photos by Itos Feliciano ©2009
October 30, 2009
Guest workers and others gathered at the American Memorial Park today to listen to DHS and USCIS officials explain the new transitional rules and answer questions.
The main concerns were the travel restrictions, costs of CW-1 permits for employers who just paid expensive fees to the CNMI government for the 2-year permits, and confusion on status.
More later...
Here are some photos of the event contributed by photographer Itos Feliciano:
59 comments:
Chamberonomics 134...vote wisely
The mood of this gathering after listening to US federal officials was something between surprised, solemn, shocked, and saddened.
Since the beginning of this movement we have always known there were only two choices, either free them or let them go. I never thought the status quo crowd wanted to deport guest workers, just restrict them. The US has volunteered an improved status to permanent residency, or green card, twice. The status quo business supporters lobbied to have this condition removed from Rep. Christensen's HR-3079 successfully, and the Jack Abramoff bribery scandal with the Speaker of the US House of Representatives is well documented.
The Fitial bandwagon has always wanted a third choice of restricted and underplayed labor.
After listening to federal officials, I am convinced the US will never again allow a third choice and handcuffing workers is not on the negotiating table.
The US plans to reduce workers to zero by 2014. Workers travel will be restricted, fees will be high, paper work will be complicated, there are no IR's, and you may not work or operate business here if you arrived on a tourist visa....among other conditions.
The CNMI has a tough choice, either support an improved status to permanent residence for workers or watch our economy crumble. The US says the CNMI government and US citizens in the commonwealth have shown little support for improved status and 300., or one dollar an hour, maids are history.
I believe the ambivalent, if not belligerent attitude of Governor Fitial and his slave driving supporters has put the NMI is this situation. Improving the status of workers would create a free market society.
Perhaps Representatives Sablan and Hoffschneider, Speaker Palacious, Jim Benedetto, and David Cohen could have worked this out for the CNMI, but with Election Day drawing near, only time will tell.
.
Hi Ron
I am not surprised by your assessment of the mood. I have received many calls and emails expressing confusion. It seems that many of the guest workers thought that these guest worker rules would include some kind of status. I am not sure where they got that idea because I thought it was fairly common knowledge that only the U.S. Congress only could grant green cards or U.S. citizenship.
It was clear from PL 110-229 as reinforced by the rules that the people of the CNMI will have to decide whether or not they support a permanent workforce gained by giving status to nonresidents or watch as more and more skilled guest workers vanish until there are none left.
Dear Wendy,
Each day the team made an effort discussing the new set of regulations for cnmi, since the day it came, detailing answers to some of the questions, reaching outside- they should be given a warm gratitude. I am hoping that they will send this kind of people who will work here in Saipan to make the approval for CW permit, so that they will see how are OCW needed in this island, what qualities and dedications we have given up to this very hard times of uncertainty in our future lives, specially the children.
The new set of laws will make the protection for the workers on island so that abuses will be dealt accordingly, unpaid hard earned wages be paid and there is a US federal labor laws that will protect us from these abusive employers that will be sanctioned if found not abiding the laws.
But our dream was not clear yet, the rewards for all the contributions we made for 10,20, 30 years of working, dedicating, loving this island, a pathways for a better status, please don't forget that, we should not loose hope, they are here, these set of team can attest how we are needed, each day they will be staying-dining in the hotels, outside or shopping they can and will see how we are needed. All we need to do is send again that message.
Each day our day ends, lets pray that God continously bless us and all these people who are in the position to help us will be guided by our Dear God, our Creator. Let their hearts filled with love as Our Lord Jesus love for the entire humanity.
May God bless us all!
Anonymous 5:56 (my friend S..)
Thank you for your encouraging comment to the guest workers. There are a great many people in the CNMI and in the states advocating for the nonresidents to be given status. We'll keep up the fight!
Wendy, please stop lying that we could get Green Cards! Immigration law applies equally and CNMI cannot have rules that conflicts with the other States! Plain and simple. Please let me know what part of this you do not understand!!
Keep up the fight? What fight?
Are they not learned yet when they remove guest workers at CUC and CUC tremendously went bad.
Same in DPW when they made a law to get rid of foreign engineers and look what happened, they have a running projects now after 5 years!
Same with CHC when they decided to include with other agencies to get rid of foreign nurses, but still hiring the same nurses from private agencies!
Now pay attention! what will happen to your island if you let ALL the guest workers phase out?
To a distinct degree, it will be the same as the above agencies and emergency declaration of the entire island is imaginable!!!
If happened, it is possible that all guest workers here will be replaced by mainlanders; that they cannot even accept gladly.
Melberlin:
How right you are. No mainlander will go to Saipan to work for that low pay without decent benefits. There is not even decent health care. Anyone with a chronic illness would be afraid to move to Saipan.
The CNMI government can ask for the OCWs to be given U.S. status or kiss the economy and tourist industry goodbye.
8:05
No one is lying. It is YOU who does not understand. There is a possibility that the Congress will give green cards or U.S. citizenship to the OCWs and non-residents and doing this WOULD NOT conflict with any law in the states. It would be like what occurred in the Virgin Islands.
What is with you haters? You think if you say it can't be that we will get status that it will make it not happen. You are so afraid to share. You forgot you also got status from uncle sam. When theirs no more OCWs to serve tourists and no more businesses you remember you were so selfish. you remember us.
Noni 8:05
FACT: DHS rules and regulations cannot grant status. USCIS cannot grant status
FACT: US congress can grant status
FACT: Wendy has said this for two years!
The CNRA does say that the Federal Government will need to reduce the number of CNMI Guest Workers to 0 (240K and Umbrella Permit Workers and now CW-1 workers). This has always been known.
What DHS said yesterday was that all those present should go online and submit comments as to "how they should do this". Almost everyone believes this to mean deporting all current guest workers. That is far from the only solution.
One of the best solutions is the one that was already on every piece of legislation that US Congress had applying Immigration to the NMI. That solution is a Pathway to citizenship. We need everyone that supports this to come out of the woodwork and let the Federal Government know this. Post comments, hold rallies and vigils. One common message. Improved Status for all CNMI Guest Workers. This will lead to 0 non-immigrant Guest Workers in 5 years. MISSION ACCOMPLISHED!
We need to rally everyone on the island who supports it. Right now the administration is backing it. The next governor will back it. The legislature is backing it. The guest workers are backing it. The majority of the businesses are backing it. If we can get Chamber and HANMI to actively back it and lobby for it as hard as Abramoff lobbied in the 80's and 90s (but legally) we should have no problem with this being the solution that will be opted for.
Right now that CNMI has created a status for the maximum time they could 2 years. Let's push the Feds to solidify that 2 year status with a permanent pathway to US Citizenship!
We can do it!
YES WE CAN!
Federalization, you asked por it, you got it!!!
HA, HA, HA, HA, !!!!!!!!
Yes, and we are glad we got it! Goodbye cheaters, scammer, liars, crooks!
Ha Ha Ha Ha Ha!
Why would DHS staffers fly out to the CNMI to hold another vigil? They should be holding a vigil for unemployed US Citizens in the US who could only dream of globetrotting around the world. Don't worry the names and expenses by these people have been noted and will be posted.
Why is everyone so shocked regarding the fact that no green cards will be given out? This has been known for a long time. Zero contract workers clause has been ignored and hushed up for some time. I understand if a North Korean or perhaps a Chinese would want a Green Card so badly, but a Filipino who is willing to give up their country so quickly? Something is not right about that.
9:21 Who said anything about DHS staff at a vigil? No zero worker clause has been talked about here on unheard and everywhere. Zero means CNMI has a choice support status or lose everything including economy. Zero means zero workers, zero tourists, zero businesses, zero CNMI!
YES WE CAN!
Noni 9:21am:
you said "I understand if a North Korean or perhaps a Chinese would want a Green Card so badly, but a Filipino who is willing to give up their country so quickly? Something is not right about that."
I understand if a weasel or rat would want to attack another rat or weasel, but a human? Something is not right about that.
Filipinos can be dual citizens. 9:21 may not realize the economy and quality of living in the PI is horrid and jobs are few and far between.
Back to Q&A and more healthy discussion:
Is there a way that the issuance of the re-entry type of visa to enable guest workers to re-enter should be done here in the CNMI? by an agency (temporarily or permanent) since this type of service is temporary until all CW-1/-2 holders have been given visas? Instead of traveling home with uncertainties and thinking that "what if they cannot obtain the visa, what will happen to all there personal belongings, jobs, family they left in the CNMI for this travel?"
Consular officers at the US Embassy have different attitude that even immigration lawyers are scratching their heads why some are being denied while the unexpected were issued the visa.
Besides that, it is more expensive to travel back home; and will be just use that money to pay for this transaction locally.
Well, I did sent this comment already to the rulemakers, just a strong support from everybody to have this happen.
Noni 9:21am:
you said "I understand if a North Korean or perhaps a Chinese would want a Green Card so badly, but a Filipino who is willing to give up their country so quickly? Something is not right about that."
Well, is there right in your own feeling when you accept US citizenship and give-up your own? as an islander (if you are)?
"9:21 may not realize the economy and quality of living in the PI is horrid and jobs are few and far between."
So is the US Mainland. The number of Green Cards given out will be noted and posted. Those who are directly involved with granting Green Cards to aliens will have their names posted as well as their bosses names. A letter is being drafted for President Barack Obama informing him that if green cards are dished out, thousands of current US Citizens will most likely be replaced, kind of like in sourcing. So much for reelection if that happens. Filipinos and others tend to work for much less than US Citizens are used and in this dire economy businesses may opt to hire them. No way this is going to happen not under our watch. USA!
10:50
You're really going to rant when Obama finally gets around to Comprehensive Immigration Reform. I'll give you odds that it will include a pathway to citizenship for illegal immigrants. In that context, improved status for the legal immigrants here is not out of the question.
(And green cards are not 'handed out' like election-time 'loans' here. There are requirements.)
I would think to keep everything in motion for a "status" for these workers until after the elections. After that time the Gov. elect can then make a pea directly to the appropriate agencies and personal, even to the US Congress. (After it reconvenes in Jan)
Maybe it may take a little time for the Chamber to realize that their time is up. It will probably take until after the elections to see who will be in the Gov seat.
It will then maybe wake them up if Fitial (Tan) is not there to keep their "Status Quo" movement going.
One of the questions for these Candidates should be their stand on this guest worker "status".
Many of these candidates are probably running the fence line on this issue as they do not want to chase many of the ignorant voters that think they can return to the "old days".
This is probably why these regs are as such, it will force this issue out into the open and a support of one way or the other. "all or nothing"
A question though that I have not seen addressed specifically is What about the Chinese workers present and future. The US has said that there will be no Chinese workers under the "H" visa programs in the US allowed.
Does this affect these Chinese workers here now, and will it affect any replacement or new hire to fill the 22K+ of allowed workers?
How are they going to determin the total amount of the worker cap?
Will it be by nationality or will it be only by total number on a first come first serve basis by the employers request for hire?
What was really funny at the meeting was the crestfallen reaction of the cheaters, liars, scammers, and crooks who have overstayed tourist permits and are now employed under the table or running illegal businesses that regularly violate minimum wage laws.
There are lots of these folk here!
And most of them marched in your Unity March, Wendy!
That's who Fitial was referring to in his infamous remarks, taken out of context.
These tourist overstayers were audaciously hoping the Unity March would be their salvation. But USCIS ain't buyin'.
U.S. Immigration and Customs Enforcement (ICE) Detention and Removal Operations (DRO), here we come!
ICE is contracting for one pod in the federally-funded CNMI prison, 1/4 of capacity, for DRO detainees. Unlike CNMI immigration, ICE has the funding to detain those ordered removed until their plane rides. (The detention payments will help the CNMI budget. Thank you, Ben, for your negotiation with the feds on this issue, and Heinz for spear-heading the prison task force many years ago!)
The smart overstaying "tourists" are leaving now, before ICE catches them and locks them up. Note the sharp decline in Sabado Market attendance.
Does any gubernatorial candidate support green cards for CW-1 workers?!
Does Kilili?!
National immigration reform might pass in 2011.
We only need to hide under our umbrella for two years.
Thank you, Ma'am Wendy!
Vote for me (and no one else)!
Green cards for all!
Get a life.
Wendy Doromal said:
"You're really going to rant when Obama finally gets around to Comprehensive Immigration Reform. I'll give you odds that it will include a pathway to citizenship for illegal immigrants. In that context, improved status for the legal immigrants here is not out of the question."
Not gonna happen anytime soon Wendy. Sorry. Immigration reform is on the back burner if not off the stove completely. Why? Ten percent unemployment rate, that's why. The US cannot afford to take care of thousands of new families entering Guam or the US Mainland who are not US Citizens. The above is right about ICE. I know illegal aliens that marched with you. These crooks need to either be deported immediately or locked up. Community service first. Obama has made it clear that the American Economy and Americans will come first. Once the recession is completely over and the US economy is back in full swing (10 years) then perhaps we might be able to absorb some new immigrants.
At the first sign that the Obama Administration starts to talk about granting amnesty to millions of illegals who will then take the jobs of US Citizens, that will spell the end of his reelection chances. Not gonna happen. Why don't you lobby for OUR rights Wendy? What is it about Americans that you despise so much?
"cheaters, liars, scammers, and crooks"? Sounds like a Covenant rally.
Anonymous 2:38
You misquoted me as saying, "You're really going to rant when Obama finally gets around to Comprehensive Immigration Reform. I'll give you odds that it will include a pathway to citizenship for illegal immigrants. In that context, improved status for the legal immigrants here is not out of the question."
Where are you getting that quote from? I do not use phrases like "You are really going to rant"...and I call our president, President Obama, not Obama. So who are you quoting?
I was informed just last week that comprehensive immigration reform legislation is scheduled to be heard sometime in February or March 2010.
Please read what our president has to say about immigration reform because you appear very uninformed on this issue. Our president supports "bringing the illegal immigrants out of the shadows" and setting them on a course to citizenship.
Just today over 100 pro-immigration reform Democrats sent a letter to President Obama urging him to overhaul immigration. Comprehensive immigration reform will be heard next year.
Noni 4:00 --
Nice try, haters.
Uncle Ben has been struggling mightily to help us all by preserving the economic tools that allowed us to out-perform the rest of our former TTPI neighbors in Micronesia.
By now it should be painfully obvious who has been acting in the true best interest of our industrious CWs (and everyone else), and whose misguided idealism, desire to create a unionized "workers' paradise," and wish for CW political rights has been to the net detriment of CWs.
Speaking words of wisdom.
Wendy, the quote actually came from KAP.
I see you've removed some helpful advice about bringing State Department consular officials to Saipan and the right of employment-based green card holders to seek any and all CNMI government jobs.
The more I hear about the CW program, the more I think that the business community is Saipan is in complete control of the island.
CNMI Dept. of Labor
-labor bond for wages
-repatriation expenses
-will verify if U.S. workers are available before guest workers hired
-Make sure employees pay no labor expenses
-Check BGRT for new companies
-Must be 21 for employment
-Must have 2 years experience for skilled workers
CW-1 visa
-no minimum age requirement
-no experience requirement
-no labor bond
-repatriation only if terminate early
-can deduct cost of visa fees
-can save money on multiple visas
-can "attest" no U.S. workers available
The CW program is great for businesses, terrible for local residents and guest workers.
Forgot to mention no health insurance or workman's compensation insurance required under the CW-visa
Federalization: You asked for it; you got it.
You've been Unity Marched!
This is not Manila 1986, nor Selma, nor the Lincoln Memorial.
Shame, shame, on American soil.
HA!
Melberlin's point above about the time and expense of traveling to Bangladesh, China, or the Philippines for a CW-1 visa was a good one.
In the official comments to the regs, we should request that the State Department send a consular official to the CNMI on a quarterly basis during the first two years of the Transition Period to issue visas to CR-1 permit holders and CNMI entry permit holders.
Dear Readers:
I am removing all comments with attacks and racist remarks or at least the most offensive ones. If a comment that was removed had an attack in it and also good advice that's unfortunate. Maybe you could repeat the State Department suggestion without the personal attack or maybe it was removed by mistake. Please post it again.
I will put comment moderation back into effect, because apparently the new rules have hit some nerves. (Although some people seem to have been incapable of commenting in a civil way for months.) This blog is mainly for guest workers and nasty comments are childish, distracting and offensive. I especially am offended by the ones that target the workers, make sweeping generalities that are not true, and comments that are merely posted to be poison arrows with absolutely no substance to them such as 8:05 and 8:22. Are these adults?
It is interesting that the people who are affected the most by the rules and hit the hardest --the workers -- are still able to be polite, civil and kind in commenting. The people who have no political rights or voice in this process are the ones who can just ask questions and politely offer comments. Additionally, comments attributed to guest workers, but actually written by others are easy to spot and also unappreciated.
KAP, I like your comment, sorry I had missed it. I just don't want to be misquoted.
I am very happy to commit time and energy to get out information for the guest workers and to advance their cause. However, I have decided Unheard No More! will no longer be a forum for people filled with hatred or animosity to attack them or to put out misinformation. Additionally, none of you who have the strongest anti-worker or anti-federalization comments have the decency to identify yourself. You are cowards who throw poison arrows.
Perhaps "you've been wendied", "biba ice", and "unity march legacy" could create their own blog that just attacks people, offers confused advice, childish jabber, and misinformation. Your comments will no longer be posted here.
There IS a pathway to a green card and eventually US citizenship. Pick up your "umbrella permit" at the CNMI Immigration office.
Drop by the DHS office in the TSL Building. Fill out the forms, pay your dues, and wait. Simple. Don't pay a local attorney,(save yourself a extra $1,000 that you will require to live here while waiting) read/complete the instructions and have the DHS staff review your forms. They are more than ready to help, as that is what they get paid for. Mail it off and there you have it. Simple.
Probably 1000,000 plus prospective US citizens do this every month.
You are looking at about $1,670 for this service. Believe me.. this is much faster and better than having a child born here, returning home and waiting 18 years for your child to sponsor you. Or being into HOPE...that ship was decommissioned years ago. America needs the taxpayers!!!! Now!!!!!
Anonymous 9:42 Are you talking about the green card lottery?
Good for you Wendy! You are right about the anonymous posters. Would they have the courage to say some of these things publicly? Certainly not! I am glad you are taking control and keeping the issues unmuddied.
those ANONS attacking the guest workers are lucky enough not to be in our situation...but you are unfortunate that you haven't seen the real world...
ANONS-if guest workers are gone, pray that you would not get sick because there would be no nurses to take care of you...they are mostly Filipinos...
ANONS-i hope you didn't get annoy during the time when there were rolling black out (power outages)) because if there would be no mechanics & techinicians who are mostly Filipinos that are working in CUC no more rolling power outages---it would be a 23 hrs no power supply for your islands...
ANON-i hope you don't usually go to restaurants, because if the guest workers are gone nobody will cook you food because the chefs are mostly guest workers....
ANONS-i hope your houses are big enough and would last for hundred more years to shelter from rain or sun, because if all the guest workers would be gone, you should learn how to do your masonry & carpentry....
ANONS-i hope you don't have children that are schooling in privates school because they are mostly guest workers, should all of them leave, you have not choice but to put your children in public schools, which for me is not a bad option...but do you?
ANONS-i hope none of you are having house helpers, cause if you do, sad to say, if all the guest workers are gone----you have to do things by yourself, including baby sitting....
ANONS-i hope none of you works at the rev.&Taxation, for you don't know the percentage or amount of taxes being deducted from our salaries to support the expenses/budget of the local goverment....
ANONS-i hope none of you are GUEST WORKERS....blinded by the reality...that your allies have never promised YOU any GREEN CARDS---but promised to work hard to attain your dreams........
Chamberonomics 135…26 days to go
Regarding anonymous posters here, it seems the status quo crowd, tiny as it may be, is still trying to recover from being floored by the Unity March.
They must be especially sensitive that the anti-federalization march, coordinated by the governor’s administration, and coincidently held the same night on the same road in the opposite direction was such an embarrassment. That crowd was not estimated, it was well documented in pictures, and had 11 adults (6 police officers on duty), 2 in the 1st ladies vehicle, and 3 chaperoning about 40 4th graders who had received free bags of candy to attend. The reason for such embarrassing numbers is the same reason status quo supporters that comment on this web site do so in anonymity, it is because intelligent persons would not want to attach their family names to such ridicules economic and social justice views as those espoused by the status quo standard bearers. None of the anonymous anti-federalization commenter’s were present at that march because they have family here and would be ashamed to associate with such an infamous lagacy.
The Unity March had about 4 to 5 thousand marchers, times two at the American Memorial Park rally, even though in rained for much of both. That number is nearly 20% of our total population. Rev. Dr. King’s rally in Washington DC had about 200k, or about .1 of the US population at that time. His march on Selma had less than 50 at some points. Gandhi’s salt rally was attended by at least 180k, or about .05 percent of India’s population at that time but the march there had less than 20 people at times.
The residents of the CNMI should be proud of such a strong statement of support for social justice.
Someday the Unity March, December 7, 2007 will be a CNMI holiday, celebrated by our children as the day residents of the CNMI stood up proudly against oppression and established a community steadfastly committed to decency, justice, and equality for all who inhabit the Northern Marianas Islands.
Ron Hodges
Saipan
Is not this CW-1 visa a transitional visa until after the report is out.
I was under the impression that the "H" visa would eventually replace everything.
Another question is the wages. Under the "H" visa, the wages are supposed to be the same as a US worker under the same job classification, what about under this CW-1 visa? Is it CNMI minimum wage across the board or under the specific job classification.
Ex. Civil Engineer vs. truck driver wages classification.
To commenter above;
Where does it say that the employer is not responsible for repatriation?
Any place in the US under Fed law there is Workman's Comp. required for the workers, also under CNMI law,
Where does it say no workman's comp. required?
Where does it say that no Medical coverage is required?
Where does it say there is no bond required?
The age limit is/was imposed by the Phil. Govt. specifically due to house workers and waitresses abuse. I believe it was also 22 years old.
This was initiated due to the problems mainly in the Arab countries. (according to the Phil. Counselate)
So this age limit may still be imposed by the OFW org.in the Phil.
But will all CW-1 workers permit have to be approved by the Phil. Counselate as in the present case in regards to CNMI contracts for incoming new hires or replacements?
Under the present and "H" visa system all of this is required (and more)(except for the Phil. Counsel approval)
Aren't these CW-1 visa only a replacement for the current CNMI labor contract. So many of the same stipulated requirements should still apply?
On another note;
One interesting question, under the CW-1 and the related visa for the family to accompany the worker, would be in regards to the medical expenses for the family and also any expenses due to pregnancy.
Is the company responsible for it's female worker's pregnancy
Who is liable for that.
Isn't there supposed to be medical insurance for the worker, But what about the accompanied family?
Who has the answers to this? Is this addressed in the Regs.?
Jane, Wendy ???
May I add: Philippine Edsa Revolution (People's Power) involved 2million civilians or only 3.57% of the 56M population at that time; that toppled strongman Marcos.
In the CNMI: 78% employed were not US citizen, this indicates that we can do another and bigger Unity March that will impact with the presence of Feds here now.
Illegals in the US did it, legals here can do more....
I personally support guest workers obtaining green cards under the H-visa program and under family based visas.
All nurses at CHC should be given H-vias if no U.S. workers are available, and they should be paid 29k per year for no experience and 40k with experience. The problem is that I suspect there are U.S. workers on and off-island that are willing to be paid less, and that CHC will find them when faced with proper wages.
As far as mechanics and engineers at CUC, I think they should be granted H-visa, at 86K per year, doubtful they will find U.S. workers even at that salary.
As far as restaurants, local restaurants should pay wait staff $2 an hour with no benifits like everywhere else in the U.S. and get tips. High schoolers need to stop skateboarding after school and get a part-time job. Part-time jobs don't even exist. I would bet that a lot of locals with government jobs would even be willing to do some extra shifts to make ends meet. When the tranistion period is over, working at McDo will pay more than starting police salaries and local kids will start to have a new work ethic.
You only need one skilled mason or carpenter at a worksite, the rest can be local helpers. If a company wants a foreign skilled mason should get H-visas 45k per year. Skilled masons should not take jobs as helpers that locals could do.
As far as schooling, private school is for rich parents, not middle class. Teachers in math and science courses should get H-visas at 37k per year no experience and 53k per year with experience. Problem is that most private schools pay teachers minimum wages and they will have to dramatically increase tuituion to cover salaries. There is currently a law that requires teachers at PSS to first be recruited from the states, new zealand and australia. Federalization will likely result in more U.S. teachers at private schools.
As far as maids, if you want a live-in 24 hour maid, pay 40k per year. Most people can do their own work. If you have children you may need to get a part-time job to pay for daycare. If you have sick and elderly use the Office of Aging, or medicare. Medicare will put them in a nursing home for free.
As far as hotel maids and sales clerks, that is the one area that non-skilled workers are needed on Saipan. Most U.S. tourist destinations abuse the J-visa program and recruit polish and ukranian college students for the summer. Check Martha's Vineyard, Atlantic City, Outer Banks, and Myrtle Beach and every summer Eastern Block students come in. The J-visa costs the employer nothing, he has nothing to submit to DHS and I think it might be used here in Saipan as well. This is one of the few visas that even with marriage, the student must leave the U.S. for 2 years after the visa is over.
Skilled workers will eventually benifit from federalization, but the umbrella permit basically made them wait 2 more years to see any progress, and the CW permit seems to frustrate that as well.
When the CW-1 visa is phased out in five years (unless extended) it will not result in the loss of doctors, nurses, accountants, managers, chefs, engineers, lawyers (U.S. licensed) or other professionals from the CNMI because they can get occupational visas under the INA.
It is the unskilled and semiskilled CWs who are most hurt by the devastating consequences of the Unity March.
Federalization of the minimum wage and immigration has removed the economic engine that allowed us to rise above our former TTPI neighbors in the Marshalls, FSM, and Palau.
That's why so many still oppose the Unity March. It was bad for contract workers!
When anyone sets himself up as God, judging hearts and imputing ill motives to others, he has gone astray.
There is still time to halt some of the adverse effects of the Unity March. We can work together to postpone the minimum wage increases to stop more of our brothers and sisters from being sent home by ICE.
Attacking each others' motives does not help. I remain firmly unconvinced that the Unity March was good for guest workers.
But together we can still strive to ameliorate the harsh consequences of this misguided action.
The CW-1 regulations say that an employer is responsible for repatriation if they terminate a contract early. If the regs were to repatriate under any circumstances, IT IS MY PERSONAL OPINION they would say so.
FACT: There is no U.S. law that requires workers comp. It is state-by-state. Texas and New Jersey do not require employers to purchase workers compensation.
The CW-1 regs don't say anywhere they don't require labor bonds, medical or workers comp, but where do they say it is required? The regs don't say you don't get a million dollar sign on bonus, so why would you expect it.
POEA regulations in the Philippines do have protections for workers such as labor bonds, and repatriation alive or upon death, and minimum age requirements, and approval from Philippine Consulate. If the employer did not follow the regulations, you may not be able to board a plane coming back to the CNMI from Manila, but that has nothing to do with the U.S. CW-1 permit and that is only required if you leave return to Manila and try to leave.
Thanks to anonymous 1:34 and 2:28 for clarifying visas issues.
Work Together:
You do not understand what the purpose of the Unity March was. After the markup hearing (which I attended and submitted testimony for) the guest workers and advocates were devastated by the fact that Fitial, with support from paid lobbyists and Guam and CNMI nativist groups, had successfully removed the grandfathering provision from the federal legislation. As one of the initial people who proposed the suggestion for a march, I know that the main purpose was to change PL 15-108, to support federalization and to support U.S. status for the nonresidents. Perhaps you were not in on initial correspondence between advocates, organizers and worker groups/leaders which is why you are misstating the purpose of the march. Perhaps you did not attend the organizing meetings or the march. You obviously did not read the signs that the marchers held, because at the Unity March 95% of the signs were requesting that the federal government grant the workers U.S. status!
So anonymous person, you are very mistaken in the purpose of the Unity March and you are twisting facts to blame a march for the damage caused by the Fitial Administration and others who worked to remove the grandfathering provision from the bill. That one act of removing status changed much of the intent and the direction of the law.
No one was hurt by the Unity March! Not one employee (resident or nonresident), not one employer. The hurt was caused by the removal of the grandfathering provision and the results will be felt by the residents, businesses and foreign workers for a very long time.
Postponing the minimum wage will hurt the workers and the economy. The way to stabilize the workforce is to request that the nonresidents be given U.S. status. Work together for that!
WOWWWWWWWWWWWWWW!!!! news at saipan tribune----the governor is worried that 2/3 of the population of alien workers will leave the cnmi due to regs. in the final interim report!!!! only 2/3 would be leaving based on their analysis....isn't it he wanted us to all "go home"....? thank you for the concern...but no thanks....since you requested for the deletion of "grandfathering" for guest workers, do you think we will believe that???
thanks also for the UMBRELLA...a temporary shade for us...but what we have been asking for is a permanent PLACE to live in where we have spent most of our years and proven ourselves to be a significant part of this community...
Hi Malou:
Exactly! The shade from the umbrella permits is even shady.
Maybe a new governor will request status for the foreign workers and nonresidents. Anyone with the smallest iota of common sense will see that is the only way to retain a stable workforce. This governor has made it clear where he stands on the issue. HE IS RESPONSIBLE for the removable of the status provision and lauded his victory. If anyone doubts that, they can look at the previous posts on this and read his statements to the press.
Malou, thanks for your work on behalf of the nonresidents and social justice!
When you are in a social struggle or war, you must follow the enemies movements, as decoys, bait & switch tactics, deception, and and other strategies can be employed to manipulate the masses.
This is why the strong have always controlled the weak. Three examples of this is the US in the late 19th and early 20th century, PI today, and the CNMI for the last 20 years.
I was baffled as well with today's article in the Tribune (11/02/09). Is the current governor really in such altruistic mood (to the guest workers???)that now he realizes that 2/3 of this islands' workforce will be wiped out? Talk about the classic case of "a dose of his own medicine". The other day, I was talking to someone and I was told jokingly that the "umbrella permit" was issued for the sole reason of having to have the houseworkers of selected highest government officials to continue staying here for at least two years..:-)...sounds shallow but who knows the reasons behind that.
Wendy said...
Maybe a new governor will request status for the foreign workers and nonresidents. Anyone with the smallest iota of common sense will see that is the only way to retain a stable workforce.
That is where we profoundly disagree. We are competing with Guam, the largest land mass in Micronesia, and recipient of billions of dollars in military funding!
What on earth do you think will keep most of us here? How can CNMI employers compete with that? Even most unemployed locals are moving to Guam!
The way to help us stay here is to give us jobs. For that we need labor flexibility and local control.
You are right, I was not involved at all in planning the Unity March.
Work Together,
How quickly we forget.
Do you remember Cinta's Local Labor Law?
Aside from a call to pass the US Immigration extension to the CNMI (with the grandfathering provision) The Unity MArch was also against Cinta's recently passed Local Labor Law.
Do you remember what that law intended to do?
It was passed 30 years too late in an effort to rid the CNMI of all Long Term Guest workers. It forced a MANDATORY repatriation for EVERY guest worker every 2 years. That law is still in the books! They would have to exit for a period of not less than 6 months.
If the governor or Cinta or Deanne or any of them gave a rat's butt about the guest workers that law would have never been passed.
Unity Marchers marched against that. Thankfully Federal immigration laws will now apply and that Local Law can hit the waste bucket.
Fitial and Deanne and Howard and Cinta all hoped that DHS would not honor the Umbrella Permits. They hoped that they would say "sorry jack, no go!" But guess what. DHS did. So sad. Now the governor doesn't have a crucial element he would have used in the new 903 lawsuit filing. He wanted so badly to say "They are not honoring our functions of Dept of Labor and our labor permit!"
Save us the millions and drop this.
As was said, what if the Feds just say "F it" and extend immigration in its current mainland form with no bends for the NMI?
Fitial is not sane.
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