Fitial Playing with the Final Rule

October 4, 2011

The federal government has sued Arizona and Alabama over their immigration laws that attempt to pre-empt federal immigration laws, and recently the U.S. Department of Justice announced that it may be filing more lawsuits against other states. Still the DOJ has failed to sue the CNMI over local immigration laws that echo some of the provisions in the Arizona and Alabama laws.

Now we see Governor Fitial attempting to dance around the CW rule with an executive order that would allow individuals to obtain sole proprietor business licenses to hire domestic helpers. The household helpers that Fitial has re-labled “caregivers” are required under the final rule to be employed from legitimate businesses and then placed in individual households.

From the final rule:
The CNRA transitional worker provisions were intended to address the needs of legitimate businesses. See 48 U.S.C. 1806(d)(5)(A). DHS believes that the rule’s provision regarding legitimate businesses accords with the CNRA and is lawful and appropriate. While the rule does not prohibit domestic workers from obtaining CW status, for their protection and for the legitimacy of the petition process, the rule reasonably requires that domestic workers be channeled through an established, legitimate business operation. See new 8 CFR 214.2(w)(4).

It is important to note that a household worker may still be eligible for transitional worker status if a business petitions for the worker. The occupational category itself is potentially eligible for the transitional worker status. DHS is only limiting such filings for CW workers to domestic service companies operating as legitimate businesses. Therefore, it is possible that domestic workers qualify for transitional worker status through employment by a business which places domestic workers in individual households.
Because of the failure of the U.S. Congress to act immediately in introducing legislation to provide status for all legal, long-term foreign workers in response to the DOI Report that was issued in April 2010, all of the CNMI’s estimated 800 to 1,000 domestic helpers are now in a precarious position.

Fitial also declared:
Fitial said it is fortunate USCIS provided for a waiver of the permit fees in case the employer cannot afford it.

“This will help our sick and elderly residents who may not have the means to pay the fees for the petition to hire an alien,” he added.
It seems that if a person could not afford to pay the fees to hire an alien worker than he/she could also not afford to pay the employee's wages.

It may be wise for any domestic helper to check with USCIS to determine which agencies or business are determined to be considered legitimate businesses before applying for a position.


TAGLISH said...

This is sickening! STUPID!!!An official himself who must be leading the right way is heading the opposite lane. Is he trying to slap the DHS/USCIS, that CW program now is just the same as what CNMI had? CNMI people, listen up! He is not giving you favor like what he’s proudly saying! IT WILL ONLY BENEFIT HIS UNSCRUPULOUS BUSINESS ALLIES!! This will further abuses! WE NEED CHANGE! CNMI is saturated with CWs, ENOUGH!! CNMI must stop bringing in CWs! Use what we have here already.

Anonymous said...

This guv will do anything to keep the old scams and schemes. He's got Willens and Deanne in DC giving DHS and other agencies some of the Fitial kool-aid. Looks they they all got drunk on it. This is insane.

the teacher said...

This is why reasonable people have always been against NMI only status and the admin aim is to keep the status quo in a fed system. Many workers are in favor of parole in place NMI only too....sheez.

Anonymous said...


Anonymous said...

Oh wow- cool excuse, “This will help our sick and elderly residents who may not have the means to pay the fees for the petition to hire an alien,”
if the cost of petition itself is a burden to the resident, where in a hell they'll get the money to pay the CW?

Anonymous said...

Hopefully the Feds can see through this scam.