Northern Mariana Islands Legal Residents Relief Act of 2021

To amend section 6 of the Joint Resolution entitled A Joint Resolution to approve the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, and for other purposes 1. Short title This Act may be cited as the Northern Mariana Islands Legal Residents Relief Act of 2021 2. Long-term legal residents of the Commonwealth of the Northern Mariana Islands (a) In general Section 6(e)(6) of the Joint Resolution entitled A Joint Resolution to approve the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, and for other purposes 48 U.S.C. 1806 Public Law 94–241 (1) in subparagraph (A)— (A) in clause (ii)— (i) in subclause (I), by inserting (aa) shall establish a process (ii) by striking ; and or during the 180-day period beginning on the date that is 90 days after the date of the enactment of the Northern Mariana Islands Legal Residents Relief Act of 2021; (iii) by adding the following: (bb) Waiver of application deadline The Secretary of Homeland Security may accept an application for CNMI Resident Status submitted after the application deadline if— (AA) the applicant is eligible for CNMI Resident Status; and (BB) the applicant timely filed an application for CNMI Resident Status and made a good faith effort to comply with the application requirements as determined by the Secretary. ; (iv) in subclause (II), by striking the period and inserting “; and”; and (v) by adding at the end the following: (III) in the case of an alien who has nonimmigrant status on the date on which the alien applies for CNMI Resident Status, the Secretary of Homeland Security shall extend such nonimmigrant status and work authorization, if applicable, through the end of the 180-day period described in subclause (I)(aa) or the date of adjudication of the alien’s application for CNMI Resident Status, whichever is later. ; and (B) in clause (iii), by inserting after the period at the end the following: An alien granted status under this paragraph shall be deemed a qualified alien under section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1641 (I) a presidentially declared major disaster or emergency under section 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 (II) a presidentially declared national emergency under section 201 of the National Emergencies Act ( 50 U.S.C. 1601 ; (2) in subparagraph (B)— (A) in clause (i), by striking on June 25, 2019, or on December 31, 2018, on December 31, 2020, June 25, 2019, or December 31, 2018, (B) in clause (iii), by inserting except in the case of an alien who meets the requirements of subclause (III) or (VI) of clause (v), resided continuously and lawfully (C) in clause (v)— (i) in subclause (III), by striking subclause (I) or (II) subclause (I), (II), (IV), (V), (VI), (VII), or (VIII) (ii) in subclause (IV), by striking ; or (iii) in subclause (V), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: (VI) was admitted to the Commonwealth as a Commonwealth Only Transitional Worker during fiscal year 2015, and during every subsequent fiscal year beginning before the date of the enactment of the Northern Mariana Islands U.S. Workforce Act of 2018 ( Public Law 115–218 (VII) resided in the Northern Mariana Islands as an investor under Commonwealth immigration law, and is presently a resident classified as a CNMI-only nonimmigrant under section 101(a)(15)(E)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(E)(ii) (VIII) resided in the Northern Mariana Islands as a guestworker under Commonwealth immigration law for at least 5 years prior to May 8, 2008, and is presently a resident classified as a Commonwealth Only Transitional Worker. ; (3) in subparagraph (C)(ii), by striking 180-period 180-day period (4) by adding at the end the following: (F) Adjustment of status for cnmi residents An alien with CNMI Resident Status may adjust his or her status to that of an alien lawfully admitted for permanent residence 5 years after the date of enactment of the Northern Mariana Islands Legal Residents Relief Act of 2021 or 5 years after the date on which CNMI Resident Status is granted, whichever is later. . (b) Technical amendments Section 6(b)(1) of Public Law 94–241 48 U.S.C. 1806(b)(1) (1) in subparagraph (A)— (A) by striking (8 USC 1101(a)(15)(H)) ( 8 U.S.C. 1101(a)(15)(H) (B) by striking (8 USC 1184(g)) ( 8 U.S.C. 1184(g) (2) in subparagraph (B)(i), by striking contact contract (c) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. 3. Temporary labor certification (a) In general Section 6(d)(2) of Public Law 94–241 48 U.S.C. 1806(d)(2) an annual a biennial (b) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. 4. Additional time for receipt of visa Section 6(d)(3)(D)(iii) of Public Law 94–241 48 U.S.C. 1806(d)(3)(D)(iii) 10 days 90 days 5. Amendments to the requirement to remain outside the United States (a) In general Section 6(d)(7) of Public Law 94–241 48 U.S.C. 1806(d)(7) (1) in subparagraph (A)— (A) in the matter preceding clause (i), by inserting and (C) subparagraph (B) (B) in clause (ii)— (i) by inserting at any time after the expiration of the first renewal period 30 days (ii) by inserting third submission of a (2) by adding at the end the following: (C) Deferral In general (i) a presidentially declared major disaster or emergency under section 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 (ii) a presidentially declared national emergency under section 201 of the National Emergencies Act ( 50 U.S.C. 1601 . (b) Effective date The amendments made by this section shall take effect as if included in the enactment of Public Law 115–218 6. Qualified alien (a) In general Section 6(d) of Public Law 94–241 48 U.S.C. 1806(d) (8) Qualified alien An alien granted status under this subsection shall be deemed a qualified alien under section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1641 (A) a presidentially declared major disaster or emergency under section 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 (B) a presidentially declared national emergency under section 201 of the National Emergencies Act ( 50 U.S.C. 1601 . (b) Effective date The amendment made by this section shall take effect on the date of enactment of this Act.

Summary: Northern Mariana Islands Legal Residents Relief Act of 2021 This bill expands eligibility for obtaining Commonwealth of the Northern Mariana Islands (CNMI) Resident status, provides a path for holders of such status to obtain U.S. permanent resident status, and makes CNMI-only transitional workers eligible to receive government relief or assistance in connection with a declared emergency. CNMI Resident status was available to qualifying individuals who applied for such status between February 19, 2020, and August 17, 2020. Among other requirements, a qualifying individual must have (1) been lawfully present in the CNMI on certain dates, and (2) continually and lawfully resided in the CNMI from November 28, 2009, through June 25, 2019. The bill reopens the period for applying for such status for 180 days and authorizes the Department of Homeland Security to waive this deadline in certain instances. The bill allows additional classes of individuals to qualify for CNMI Resident status, including an individual who (1) was admitted as a transitional worker during FY2015 and each subsequent fiscal year through FY2018, (2) is a qualified investor, or (3) resided in the CNMI as a guest worker for certain periods and is currently a transitional worker. The bill also waives the continual residence requirement for certain individuals and allows an individual lawfully present on December 31, 2020, to qualify. A qualifying alien with CNMI Resident status may obtain U.S. permanent resident status after holding CNMI Resident status for five years or after this bill has been enacted for five years, whichever is later.