I. The proposed rule is overly complex, bureaucratic, and expensive. The regulatory task assigned by the statute is simple, and the regulation should be simplified and streamlined to promote compliance and to avoid unnecessary
II. The proposed rule should support, and not seek to minimize or eliminate, the Commonwealth's innovative and successfully instituted 2007guest worker program that is carefully designed to meet the Commonwealth's needs.
A. The Commonwealth's 2007 labor system is a fair and effective method for operating a successful guest worker program under the unique conditions in the Commonwealth and should be supported by the transitional federal system.
B. The Commonwealth-issued worker permits and Commonwealth-approved employer contracts should be the foundation of the first two years of the transition period, and no reductions should occur during those years.
C. The DHS interim rule should include a basis on which DHS would collaborate with the U.S. Secretary of Labor so as to make the necessary assessment with respect to a five-year extension of the transition period no later than November 201 1 and to make no reductions in the Commonwealth's work force until the Secretary of Labor's determination on an extension has been completed.
III. The proposed rule will hurt U.S. workers, foreign workers, employers and the Commonwealth 's economy. The rule should be revised to minimize these serious adverse effects and increased burdens while the Commonwealth's economy remains in a deep economic depression.
A. The proposed rule will hurt U.S. workers in the Commonwealth by decreasing the job opportunities available to them.
B. The proposed rule will hurt foreign workers in the Commonwealth by imposing new costs and causing a return to the abuses of the past.
C. The proposed rule will hurt Commonwealth employers by imposing improper, unnecessary, and expensive rigidity in the system.
D. The proposed rule will hurt the Commonwealth by increasing greatly the number of out-ofistatus aliens present in the islands with no concomitant federal enforcement capability available to remove them.
IV. DHS should adopt the Commonwealth's proposed revision of the DHS interim rule to make it workable, affordable, and consistent with the statute.
A. Certain of the facts cited in the explanation of the rule are wrong or misleading and should be corrected.
B. Certain drafting conventions and approaches should be changed to make the rule more readable, more easily understood, and more susceptible to ready compliance.
C. The text of the rule should be changed as proposed below to implement the Commonwealth's comments as set out above.