More on Umbrella Permits

November 12, 2009

Judge Rules Umbrella Permits Must be Issued for Workers with Labor Cases

Superior Court Judge David Wiseman ruled yesterday "that all alien workers who have pending labor cases in court are eligible to obtain the two-year transition conditional permits or umbrella permits.”

Previously, the DOL denied permits to some guest workers with cases.

The Saipan Tribune reported:

"Wiseman issued the ruling as a result of a consensus reached between the CNMI Department of Labor, the Labor Administrative Hearing Office, the Office of the Attorney General, and counsel for Zheng Hua Chang and co-complainants as well as other lawyers for alien workers who have pending labor cases in court.

In issuing the order, the judge recognized the necessity of the issuance of the “umbrella permits” for aliens who have pending judicial review or administrative appeals involving Labor before the court.

Wiseman said those eligible for “umbrella permits” are aliens lawfully admitted to the CNMI and who now hold or formerly held an entry permit issued under Immigration Category 240K, formerly called 706K (contract workers).

Wiseman said these workers have a pending petition for judicial review stemming from a Labor decision in which property or other interests of the aliens are to be determined.

The judge directed Labor to issue 240K “umbrella permits” to these aliens upon request and appropriate documentation.

The judge, however, clarified that the status and authorization granted by his order is subject to revocation by Labor."

Long Lines for Permits
Over 500 nonresidents waited in line yesterday for an umbrella permit according to the Marianas Variety.

The guest workers and immediate releatives told report Junhan Tolendo that they wanted the permits for security reasons. Some "immediate relatives" said that the umbrella permit is really a census conducted by the DOL because they can revoke them at any time.

From the Variety:

Federal immigration law will apply to the CNMI starting on Nov. 28.
Other IRs said they wanted to upgrade their status but most of them do not meet the salary bracket required by the U.S. government. Besides, they added, the processing fee is too high.

“I hope they will waive the fees and adjust the salary bracket,” one of them said.
A former green card holder Zenaida Castro, who works at Hyatt Regency, said her employer advised her to get an umbrella permit.

Another hotel worker, Haidee Bautista of Marianas Resort, said “there’s no harm if we get the permit.”

“For security reason, I will get the permit,” said housewife Marissa Nakagima, a 29-year IR in the CNMI.

At 11 a.m. the line outside Labor grew longer as guest workers and IRs occupied the entire parking area outside the building.

On the second floor of the building, guest workers with “deficiencies” in their transfer and renewal applications also formed a long line up side by side with those scheduled for a hearing of their administrative cases.

“I just like to secure my stay in the CNMI. I like to get the umbrella permit to make it easier for me if I decided to transfer,” said guest worker Norma Laongalong.
Also yesterday, permits for foreign students, investors, long-term business and retiree investors were issued by the Department of Commerce.

Acting Labor Deputy Secretary Barry Hirshbein administered the screening of the umbrella permit issuance. He refused to be interviewed.

Permits will be issued on Rota and on Tinian at the DOL offices on Monday, November 16, 2009, from 10:00 a.m. - 4:00 p.m. for all categories of nonresidents.

The Variety reported that DOL said no one will be denied a permit "because of time pressure", and applicants should bring their valid permit card as identification or a passport if the permit card is lonot available.

November 27, 2009 is the deadline to apply for a permit.