I 
115TH CONGRESS 
2D SESSION 
H. R. 4869 
To incentivize the hiring of United States workers in the Commonwealth 
of the Northern Mariana Islands, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 19, 2018 
Mr. SABLAN introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To incentivize the hiring of United States workers in the 
Commonwealth of the Northern Mariana Islands, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Northern Mariana Is-
lands U.S. Workforce Act’’. 
SEC. 2. PURPOSE. 
The purpose of this Act is— 
(1) to increase the percentage of United States 
workers (as defined in section 6(i) of the Joint Reso-
lution entitled ‘‘A Joint Resolution to approve the 
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‘Covenant To Establish a Commonwealth of the 
Northern Mariana Islands in Political Union with 
the United States of America’, and for other pur-
poses’’ (48 U.S.C. 1806)) in the total workforce of 
the Commonwealth of the Northern Mariana Is-
lands, while maintaining the minimum number of 
workers who are not United States workers to meet 
the changing demands of the Northern Mariana Is-
lands’ economy; 
(2) to incentivize the hiring of United States 
workers into such workforce; and 
(3) to ensure that no United States worker— 
(A) is at a competitive disadvantage for 
employment compared to workers who are not 
United States workers; or 
(B) is displaced by a worker who is not a 
United States worker. 
SEC. 3. TRANSITIONAL PROVISIONS. 
(a) IN GENERAL.—Section 6 of the Joint Resolution 
entitled ‘‘A Joint Resolution to approve the ‘Covenant To 
Establish a Commonwealth of the Northern Mariana Is-
lands in Political Union with the United States of Amer-
ica’, and for other purposes’’ (48 U.S.C. 1806) is amend-
ed— 
(1) in subsection (a)— 
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(A) in paragraph (2), by striking ‘‘2019’’ 
and inserting ‘‘2029’’; and 
(B) by amending paragraph (6) to read as 
follows: 
‘‘(6) FEES
FOR
TRAINING
UNITED
STATES 
WORKERS.— 
‘‘(A) SUPPLEMENTAL FEE.— 
‘‘(i) IN GENERAL.—In addition to fees 
imposed pursuant to sections 208(d)(3) 
and 245(i), the Immigration and Nation-
ality Act (8 U.S.C. 1158(d)(3) and 
1255(i)) to recover the full costs of adju-
dication services, the Secretary shall im-
pose an annual supplemental fee of $200 
per nonimmigrant worker on each prospec-
tive employer who is issued a permit under 
subsection (d)(3) during the transition pro-
gram. 
‘‘(ii) INFLATION
ADJUSTMENT.—Be-
ginning in fiscal year 2020, the Secretary 
may annually adjust the fee imposed under 
clause (i) by a percentage equal to the an-
nual change in the Consumer Price Index 
for All Urban Consumers published by the 
Bureau of Labor Statistics. 
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‘‘(iii) USE OF FUNDS.—Amounts col-
lected pursuant to clause (i) shall be annu-
ally deposited into the Treasury of the 
Commonwealth Government for the sole 
and exclusive purpose of funding vocational 
education, apprenticeships, or other train-
ing programs for United States workers. 
‘‘(B) PLAN
FOR
THE
EXPENDITURE
OF 
FUNDS.—At the beginning of each calendar 
year, and before any of the supplemental fees 
are deposited into the Treasury of the Com-
monwealth Government for that calendar year, 
the Commonwealth Government shall submit to 
the Secretary of Labor— 
‘‘(i) a plan for the expenditures of 
amounts deposited under subparagraph 
(A)(iii); 
‘‘(ii) a projection of the effectiveness 
of such expenditures in the placement of 
United States workers into jobs held by 
non-United States workers; and 
‘‘(iii) a report on the changes in em-
ployment of United States workers attrib-
utable to expenditures of such amounts 
during the previous year. 
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‘‘(C) PAYMENT
RESTRICTION.—Payments 
may not be made from amounts deposited 
under subparagraph (A)(iii) until after the Sec-
retary of Labor has approved the expenditure 
plan submitted under subparagraph (B)(i). 
‘‘(D) REPORT.—The Secretary of Labor 
shall submit an annual report to Congress that 
describes the effectiveness of the Common-
wealth Government at meeting the goals set 
forth in the expenditure plan submitted under 
subparagraph (B)(i).’’; 
(2) in subsection (b), by adding at the end the 
following: 
‘‘(3) REPORT.—Not later than 3 years after the 
date of the enactment of the Northern Mariana Is-
lands U.S. Workforce Act, the Secretary shall sub-
mit a report to the Committee on Energy and Nat-
ural Resources of the Senate, the Committee on the 
Judiciary of the Senate, the Committee on Natural 
Resources of the House of Representatives, and the 
Committee on the Judiciary of the House of Rep-
resentatives that— 
‘‘(A) projects the number of asylum claims 
the Secretary anticipates following the termi-
nation of the transition period; and 
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‘‘(II) employment of the foreign 
worker will not adversely affect the 
wages and working conditions of simi-
larly employed United States workers. 
‘‘(ii) PETITION.—After receiving a 
certification under clause (i), a prospective 
employer may submit a petition to U.S. 
Citizenship and Immigration Services for a 
Commonwealth Only Transitional Worker 
permit on behalf of the foreign worker. 
‘‘(B) 
PREVAILING
WAGE
SURVEY.—In 
order to effectuate the requirement for foreign 
labor certification, the Department of Labor 
shall conduct periodic prevailing wage surveys 
in the Commonwealth. 
‘‘(C) MINIMUM WAGE.—An employer shall 
pay each Commonwealth Only Transitional 
Worker a wage that is not less than the greater 
of— 
‘‘(i) the statutory minimum wage in 
the Commonwealth; 
‘‘(ii) the Federal minimum wage; 
‘‘(iii) the prevailing wage in the Com-
monwealth for the occupation in which the 
worker is employed; or 
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‘‘(iv) the actual wage level paid by the 
employer to any other individual employed 
in the same occupation.’’; 
(C) by amending paragraph (3), as redes-
ignated, to read as follows: 
‘‘(3) PERMITS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
establish, administer, and enforce a system for 
allocating and determining the number, terms, 
and conditions of permits to be issued to pro-
spective employers for each such nonimmigrant 
worker described in this subsection who would 
not otherwise be eligible for admission under 
the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.). 
‘‘(B) COMMENTS
FROM
GOVERNOR.—In 
carrying out this paragraph, the Secretary— 
‘‘(i) shall consider, in good faith, any 
comments or advice submitted by the Gov-
ernor of the Commonwealth, including any 
recommendation to reserve a number of 
permits each year for occupational cat-
egories necessary to maintain public health 
or safety in the Commonwealth; 
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‘‘(ii) shall, not later than 30 days 
after the receipt of such comments or ad-
vice, submit a written response to the Gov-
ernor; and 
‘‘(iii) in the Secretary’s sole discre-
tion, may make the reservation of permits 
recommended by the Governor. 
‘‘(C) NUMERICAL
CAP.—The number of 
permits issued under subparagraph (A) may 
not exceed 13,000 during fiscal year 2019. 
‘‘(D) ANNUAL ADJUSTMENTS.—Beginning 
in fiscal year 2020, and annually thereafter, the 
number of permits issued under subparagraph 
(A) may not exceed a number that is 500 fewer 
than the number of permits that were issued 
during the immediately preceding fiscal year. 
‘‘(E) REPORTS REGARDING THE PERCENT-
AGE OF DOMESTIC WORKERS.— 
‘‘(i) BY GOVERNOR.—Not later than 
60 days before the end of each calendar 
year, the Governor shall submit a report to 
the Secretary that identifies the ratio be-
tween domestic workers to non-domestic 
workers in the Commonwealth’s workforce 
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based on income tax filings with the Com-
monwealth for the tax year. 
‘‘(ii) BY GAO.—Not later than Decem-
ber 31, 2019, and biennially thereafter, the 
Comptroller General of the United States 
shall submit a report to the Chair and 
Ranking Member of the Committee on En-
ergy and Natural Resources of the Senate 
and the Chair and Ranking Member of the 
Committee on Natural Resources of the 
House of Representatives that identifies 
the ratio between domestic workers and 
non-domestic workers in the Common-
wealth’s workforce during each of the pre-
vious 5 calendar years. 
‘‘(F) APPLICATION; ISSUANCE
OF
PER-
MITS.— 
‘‘(i) SUBMISSION.—A prospective em-
ployer may submit an application— 
‘‘(I) for a new permit 180 days 
before the beginning of the allocation 
year in which the permit will become 
effective; or 
‘‘(II) for the renewal of an exist-
ing permit 180 days before the end of 
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the allocation year in which the exist-
ing permit expires. 
‘‘(ii) ADJUDICATION.—The Secretary 
shall adjudicate an application for a permit 
submitted pursuant to clause (i) not later 
than 60 days after the receipt of such ap-
plication. 
‘‘(iii) EMPLOYMENT VERIFICATION.— 
The Secretary shall establish a system for 
each employer of a Commonwealth Only 
Transitional Worker to submit a quarterly 
report to the U.S. Immigration and Cus-
toms Enforcement office in the Common-
wealth that provides evidence to verify the 
continuing employment and payment of 
such worker under the terms and condi-
tions set forth in the permit petition that 
the employer filed on behalf of such work-
er. 
‘‘(iv) REVOCATION.— 
‘‘(I) IN
GENERAL.—The Sec-
retary may revoke a permit approved 
under this paragraph if— 
‘‘(aa) the employer fails to 
maintain the continuous employ-
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ment of the subject worker, fails 
to pay the subject worker, or 
commits any other violation of 
the terms and conditions of em-
ployment; or 
‘‘(bb) the beneficiary of such 
petition does not apply for a visa 
within 60 days after the approval 
of such petition. 
‘‘(II) USE
OF
REVOKED
PETI-
TION.—A revoked petition under this 
paragraph shall be immediately avail-
able for use within the same fiscal 
year for which the petition was ap-
proved and shall not be further count-
ed against the numerical limit for that 
year. 
‘‘(v) LEGITIMATE BUSINESS.— 
‘‘(I) IN GENERAL.—A prospective 
employer that is not a legitimate busi-
ness may not be granted a petition. 
‘‘(II) DEFINED
TERM.—In this 
clause, the term ‘legitimate business’ 
means a real, active, and operating 
commercial or entrepreneurial under-
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taking that the Secretary, in the Sec-
retary’s sole discretion, determines— 
‘‘(aa) produces services or 
goods for profit, or is a govern-
mental, charitable, or other val-
idly recognized nonprofit entity; 
‘‘(bb) meets applicable legal 
requirements for doing business 
in the Commonwealth; 
‘‘(cc) has substantially com-
plied with wage and hour laws, 
occupational safety and health 
requirements, and all other Fed-
eral requirements related to em-
ployment during the preceding 5 
years; and 
‘‘(dd) does not directly or in-
directly engage in prostitution, 
human trafficking, or any other 
activity that is illegal under Fed-
eral or Commonwealth law. 
‘‘(vi) CONSTRUCTION OCCUPATIONS.— 
A permit for Construction and Extraction 
Occupations (as defined by the Depart-
ment of Labor as Standard Occupational 
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Classification Group 47–0000) may only be 
issued to extend a permit that was first 
issued before October 1, 2015.’’; 
(D) in paragraph (4), as redesignated, by 
inserting ‘‘or to Guam for the purpose of tran-
sit only’’ after ‘‘except admission to the Com-
monwealth’’; 
(E) in paragraph (5), as redesignated, by 
adding at the end the following: ‘‘Approval of a 
petition filed by the new employer within the 
same fiscal year as the current permit shall not 
count against the numerical limitation for that 
period.’’; and 
(F) by adding at the end the following: 
‘‘(7) CW–3 WORKERS.— 
‘‘(A) DESIGNATION.—The Secretary shall 
designate an alien admitted under this sub-
section as a ‘CW–3 worker’ if the alien— 
‘‘(i) was admitted to the Common-
wealth as a Commonwealth Only Transi-
tional Worker during fiscal year 2014 and 
every subsequent fiscal year beginning be-
fore the date of the enactment of the 
Northern Mariana Islands U.S. Workforce 
Act; and 
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‘‘(ii) is otherwise admissible. 
‘‘(B) PERMIT.— 
‘‘(i) IN GENERAL.—Each CW–3 work-
er shall be deemed to have met the foreign 
labor certification requirement under para-
graph (2) and, upon application, shall be 
issued a permit to remain in the Common-
wealth during the 3-year period beginning 
on the date of the enactment of the North-
ern Mariana Islands U.S. Workforce Act. 
‘‘(ii) RENEWAL.—The permit issued 
under clause (i) may be renewed in 3-year 
increments during the transition period de-
scribed in subsection (a)(2) if the alien re-
mains outside of the United States for a 
continuous period of not less than 30 days 
during the 180-day period immediately 
preceding each such renewal. 
‘‘(iii) NUMERICAL LIMITATION.—Each 
permit issued under clause (i) shall count 
against the annual numerical limitations 
set forth in subparagraphs (C) and (D) of 
paragraph (3). 
‘‘(C) ROSTER.—The Secretary shall main-
tain a roster of aliens in this category. 
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‘‘(D) FEE.—Employers of CW–3 workers 
shall be subject to the annual education fee 
under subsection (a)(6). 
‘‘(8) REQUIREMENT TO REMAIN OUTSIDE OF 
THE UNITED STATES.—Except as provided in para-
graph (7), the permit for a Commonwealth Only 
Transitional Worker may not be renewed for more 
than 2 consecutive years. An alien may not again be 
eligible for such a permit until after the alien has re-
mained outside of the United States for a contin-
uous period of not less than 30 days.’’; and 
(4) by adding at the end the following: 
‘‘(i) DEFINITIONS.—In this section: 
‘‘(1) ALLOCATION YEAR.—The term ‘allocation 
year’ means the fiscal year immediately following the 
current year. 
‘‘(2) COMMONWEALTH.—The term ‘Common-
wealth’ means the Commonwealth of the Northern 
Mariana Islands. 
‘‘(3) 
COMMONWEALTH
ONLY
TRANSITION 
WORKER.—The term ‘Commonwealth Only Transi-
tion Worker’ means an alien who has been admitted 
into the Commonwealth under the transition pro-
gram for the purposes of a permit provided under 
subsection (d)(3). 
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‘‘(4) CURRENT YEAR.—The term ‘current year’ 
means the fiscal year in which an allocation is deter-
mined for the allocation year. 
‘‘(5) DOMESTIC WORKER.—The term ‘domestic 
worker’ means any worker who is— 
‘‘(A) a United States worker; or 
‘‘(B) a citizen of the Republic of the Mar-
shall Islands, the Federated States of Micro-
nesia, or the Republic of Palau (known collec-
tively as the ‘Freely Associated States’) who 
has been lawfully admitted to the United States 
pursuant to— 
‘‘(i) section 141 of the Compact of 
Free Association between the Government 
of the United States and the Governments 
of the Marshall Islands and the Federated 
States of Micronesia (48 U.S.C. 1921 
note); or 
‘‘(ii) section 141 of the Compact of 
Free Association between the United 
States and the Government of Palau (48 
U.S.C. 1931 note). 
‘‘(6) GOVERNOR.—The term ‘Governor’ means 
the Governor of the Commonwealth of the Northern 
Mariana Islands. 
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‘‘(7) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Homeland Security. 
‘‘(8) TAX YEAR.—The term ‘tax year’ means 
the fiscal year immediately preceding the current 
year. 
‘‘(9) UNITED
STATES
WORKER.—The term 
‘United States worker’ means any worker who is— 
‘‘(A) a citizen or national of the United 
States; or 
‘‘(B) an alien who has been— 
‘‘(i) lawfully admitted for permanent 
residence; 
‘‘(ii) admitted as a refugee under sec-
tion 207 of the Immigration and Nation-
ality Act (8 U.S.C. 1157); or 
‘‘(iii) granted asylum under section 
208 of such Act (8 U.S.C. 1158).’’. 
(b) RULEMAKING.—Not later than 60 days after the 
date of the enactment of this Act, the Secretary of Home-
land Security shall publish regulations in the Federal Reg-
ister to implement the amendments made by subsection 
(a). 
(c) DEPARTMENT OF THE INTERIOR TECHNICAL AS-
SISTANCE.—Not later than October 1, 2019, and bienni-
ally thereafter, the Secretary of the Interior shall submit 
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a report to Congress that describes the fulfillment of the 
Department of the Interior’s responsibilities to the Com-
monwealth of the Northern Mariana Islands— 
(1) to identify opportunities for economic 
growth and diversification; 
(2) to provide assistance in recruiting, training, 
and hiring United States workers; and 
(3) to provide such other technical assistance 
and consultation as outlined in section 702(e) of the 
Consolidated Natural Resources Act of 2008 (48 
U.S.C. 1807). 
Æ 
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