Questions, yes. Answers not so much

"The U.S Citizenship and Immigration Services (USCIS) have published Question and Answers regarding filing instructions for the E-2 Commonwealth of the Northern Mariana Islands (CNMI) Investor Classification", say two email links I just received.

Word-for-word blurbs that refer us to USCIS Questions and Answers where we learn... nothing new.

I doubt if either of my readers has a CNMI-approved lemonade stand they're trying to squeeze in under the new E-2 category, but in any case here's the first Q&A:

Q. Can I file for classification as an E-2 CNMI Investor now?

A. No. The E-2 CNMI Investor rule has not been finalized, so you cannot file for the E-2 CNMI Investor classification. All petitions filed seeking classification as an E-2 CNMI Investor will be returned to the petitioner until the final rule is published. The proposed rule was posted in the Federal Register on September 14, 2009 for a public comment period; that period is now closed.

Paraphrased: nothing to see here; move on.

The Final Countdown

The gubernatorial election? Nah, I wrote a piece about that but, after a bit of reflection (and a second opinion), I decided to hold on to it for now.

The Administration and contract workers basically agree about federal immigration, and neither will be happy come Nov. 28.

Hard to believe, but when you cut through the chatter they both think that our current workforce is permanent, while the main thrust of the immigration provisions in Public Law 110-229 is to gradually eliminate permanent immigrant (a contradiction in terms) workers in the CNMI.

I'm sympathetic to that view, but not convinced.

I recently heard Rep. Heinz S. Hofschneider say 'development is not more auto shops along Beach Road', or words to that effect. I would go further. Development is also not more hotels if you don't have the local workforce to staff the existing hotels*.

Is the local labor force large enough for existing businesses? I think not, but I do know that there is substantial unemployment among resident and contract workers. If I were a cynic, I'd think someone is trying to keep wages low.

A lot of kids will be graduating in the next five years. It's time to pay more than lip service to preparing them for jobs in the economy. If (gasp) more than minimum wage is offered, some residents will return to the CNMI. It's hard to see how a 'soft landing' can be managed during the transition, but it can certainly be made softer.

A little sophistry, please

The Department of Homeland Security has been criticized for not soliciting comments and, almost in the next breath criticized because they're asking for suggestions on how best to manage drawing down the number of Commonwealth-only 'CW' workers. 'They don't have a plan.' Okay, what's your plan?

'How about a CNMI-only H-2 style visa?' former Chamber of Commerce President Jim Arenovski is is supposed to have asked. Well, the reporter caught it: H visas are for temporary workers. (The emphasis is mine.)

The Chamber is also supposed to have bemoaned the fact that no representative of the U.S. Department of Labor was there to explain the 'CW' visas. DHS has the authority and delegates determination of prevailing wages, eligibility and enforcement for most of the lettered visas to DOL. As far as I can tell, that does not include 'CW' visas, which makes sense because eligibility is based on CNMI labor permits.

Local control? Well, that might have been possible following U.S. laws if the suggestion had been made last year during the comment period on this final rule. It included the CNMI in the definition of U.S. effective on the date of DHS assuming immigration control and included this language:

Sec. 655.2 Territory of Guam.

Subpart A of this part does not apply to temporary employment in the Territory of Guam, and the Department of Labor (Department or DOL) does not certify to the USCIS of DHS the temporary employment of nonimmigrant foreign workers under H-2B visas, or enforce compliance with the provisions of the H-2B visa program provisions in the Territory of Guam. Pursuant to DHS regulations, 8 CFR 214.2(h)(6)(v) administration of the H-2B temporary labor certification program is performed by the Governor of Guam, or the Governor's designated representative.

Ah, temporary employment again. We're back to that. U.S. law will not allow us to have permanent immigrant workers after the transition period. The Congress can change that, DHS can't. The District Court in Washington, D.C. could delay implementation, but not change the law. I'm just a lowly layman, but I think the Governor is lucky we probably won't know the results of his lawsuit until after the runoff election.

Non-residents who have been here five, ten or even twenty years say it's unfair that they can't get a pathway to citizenship. I can't argue with that, but again it's up to the U.S. Congress. If enough residents and, particularly, their leaders join with them it could probably be accomplished.

I haven't talked to Greg Cruz, but I've met members of Taotao Tano. I may not always agree with them, but it's easy to understand their anger, their rage in some cases. This government has failed them, unless they get a shot at the brass ring: one of the disappearing government jobs. In cold, economic terms, it's often smarter to collect food stamps and other federal benefits than to work for the local minimum wage. You couldn't do much better if you were trying to create a permanent welfare underclass.

But at least you get those benefits, residents are told, you're U.S. citizens. Why does that remind me of what poor white sharecroppers were told in the antebellum South: 'at least you're not black.' Their anger, and that of others who aren't part of the group, is unfocused.

Sometimes it is aimed at past leaders, sometimes at businesses and sometimes at the contract workers. People with long memories might consider the Commonwealth Bank. It slipped through the door opened when the Bank of Saipan wangled weakened laws and regulations. A lot of people lost their savings. Contract workers came through a door; they were invited to work here. The small business owners who will be forced out eventually under U.S. foreign investment regulations were following existing regulations: a door. It's not their fault.

The Commonwealth was given local control so it could protect local workers and their culture. The result was massive numbers of factory workers who diluted the culture and strained the infrastructure. But the factory owners got greedy. Not only did they exploit their workers-- and I'm cynical enough to admit that might not have done it in itself-- but they grew too large and began threatening U.S. factories and jobs. Compounding their error, they delayed federalization through lobbying. When the political tide turned, and it always does, it was personal for a lot of Congressmen and Senators and not just political any more.

So we've got U.S. Immigration come Nov. 28, and it's not going away. If the 'CW' jobs are permanent, as the Administration, the Chamber and the contract workers seem to think, they'd better find a solution under U.S. law.

Guess what? The only realistic solution I can see is legislation, probably to offer U.S. citizenship. The next Governor is going to have to deal with reality instead of continuing this wishful thinking and foot-dragging. There is a five-year window of opportunity, though it is going to get smaller every year.

But what if the non-residents get citizenship and decide to go elsewhere? Well, I think the workers and Taotao Tano could live with that. They're really in this together, though they might not see that. Some workers would stay, no matter what. They've put down roots. Others would stay if they're given a little incentive. Here's a hint: offer more that the minimum wage. Think about it; there's still time. Tick, tick.

* Or do we? Hafa Adai Hotel lays off workers blares a headline in today's Marianas Variety. Several hotels have had some workers on 32 hour weeks for at least a couple of years now.

Amnesty?

President Barak Obama has told the United States Citizenship and Immigration Services to plan for "for the possibility of giving legal status to millions of illegal immigrants," according to the New York Times.

I knew Comprehensive Immigration Reform was his Next Big Thing after cap and trade and health care, but this is the first I'd heard of his plans.

This is sure to start a pundit-storm. The people who are here legally, but under CNMI rules might see some hope in this.

I'm off to grab some typhoon supplies, but wanted to get something posted on this.

USCIS website

It's not interesting to a lot of people, but I happily received this e-missive from the Department of Homeland Security:

Homeland Security Secretary Janet Napolitano, U.S. Citizenship and Immigration Services Director Alejandro Mayorkas and Federal Chief Performance Officer Jeff Zients today launched a redesigned USCIS website—available in English and Spanish—a major effort which fulfills President Obama’s pledge to offer enhanced navigation tools for the public to access immigration information and review case status Here's the press release

I'm on board because I've been signed up for DHS emails since the federal immigration ball started rolling toward the CNMI (My inner civil libertarian also wants to see what this huge post-911 monstrosity of a department is up to.)

For instance, a little more than a week ago, I fruitlessly looked for this press release about the proposed foreign investment rules for the Commonwealth. On the new site it was two clicks away. (To be fair, they may not have been updating the old site very well because they knew it was on its way out.)

Ah, those rules; let's take a meeting

The Marianas Variety has a Press Release from Congressman Gregorio C. Sablan with the statement that "Published visa waiver regulations will not be changed before Nov. 28, Napolitano said, although she did hold out the hope of some creative solution to allow Chinese and Russian tourists into the Marianas." So much for having a comment period. Okay, okay, I'm sure there were a lot of comments and they were duly considered. But, still...

Creative solution? Hmm, how about ankle bracelets? Talking to DEA about searching everyone on the planes? That's off the top of my head.

I'm glad the Secretary was able to take the time to discuss the issues, more happy that she "gets it". What does that mean in the real world?

If Napolitano says the tourist visa regulations are signed, sealed and deliverable, I'd guess nil and none are the chances for changes on foreign investment. All in all, not much about the meeting to like, other than the fact it took place. I do like Kilili's last sentences in the Press Release: "I also find it interesting that these investor regulations will even waive fees for investors. This is what we need to do for other people, IRs and permanent residents, who also have made a long-term commitment to the Northern Marianas and cannot easily afford the fees for U.S. visas."

Great suggestion. I hope Napolitano "gets it".

Changing the subject (and why not?)

My daily chuckle came from the line in the release about the USCIS website praising President Obama's pledge and naming all of the officials responsible for it. It reminded me of the current hullabaloo in the 'red'* blogs about the cost of road signs touting projects with 'recovery' or 'stimulus' act funding. Their source seems to be this Washington Times article. "These are self-congratulatory signs; they're political signs", according to Sen. Judd Gregg. "They're so that lawmakers can pat themselves on the back."

The money is small potatoes, though waste is waste (Those $3,000 signs in New Jersey must pad a lot of pockets). Just another teapot tempest.

We see that stuff so much that it's almost invisible. Newspaper notices from supposedly autonomous agencies that have to slip in the Governor's name. The phrase "under the leadership of" slipped gratuitously into stories. Sen. Gregg is either naive or cynical to make such a big deal about it. It's interesting, for instance, that Sen. John McCain's effort to get pork out of the transportation and housing bill didn't get any traction at all.

* (Yes, I hate labels, but that's the closest I can get. They're not exactly conservative, not all Republican. I don't know how else to lump them together in one tent. Even more off of the subject: how did they get to be red, while the liberals got blue. It seems to be an inversion of that whole pinkie, red menace meme.)

The sound of one shoe dropping

USCIS* seems to be plodding away at regulations to begin the transition to U.S. immigration control in the CNMI as (re)scheduled beginning Nov. 28, 2009.

According to Immigration Daily, USCIS will publish proposed rules for nonimmigrant investors in the Sept. 14, 2009 Federal Register. The questions and answers on their website (It's a PDF) certainly look like an official document. I roamed about the USCIS site for a bit, but couldn't find it. That doesn't mean much; it's 1:00 a.m. and I gave up easily.

Expect some howling. Evidently the "E-2 CNMI nonimmigrant Investor" category will grandfather "eligible long-term foreign investors" who have that status before Nov. 28. They get two years initially, renewable until Dec. 31, 2014. After that they have to find another status under U.S. Immigration law.

As proposed, the E-2 visa is CNMI-only; travel elsewhere in the United States would have to be under another status. And... anybody with this status who leaves the Commonwealth would have to get an E-2 visa from a U.S. Embassy or Consulate before re-entering.

The document estimates about 500 long-term investors would be affected. In a recent story the Marianas Variety reported "514 long-term business permit holders and 92 foreign investment certificate holders". As proposed, retiree investors and "Short- and Regular-Term Business Entry Permit" holders would not be eligible.

They're coming, aren't they?

This whole transition to federal control has had a somewhat surreal quality, like a community theater production of Waiting for Godot under the palms. Endless debates about What It All Means while the main character never appears onstage.

Washington Delegate Gregorio C. Sablan got so frustrated that he's suggesting yet another delay because nothing seems to be happening. This is something, I suppose, though it seems like short notice. Comments can be made until October 14, 2009.

Oh, note the date on the PDF: 9/11



* (That's "The U.S. Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services")

Duly chastised, I blog. I used to write letters infrequently, and when I did they were multi-page productions because I had so much *stuff* backed up. Similar situation, this.