H. R. 5956 
One Hundred Fifteenth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Wednesday, 
the third day of January, two thousand and eighteen 
An Act 
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 Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Northern Mariana Islands U.S. 
Workforce Act of 2018’’. 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
(1) to increase the percentage of United States workers 
(as defined in section 6(i) 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 pur-
poses’’ (48 U.S.C. 1806)) in the total workforce of the Common-
wealth of the Northern Mariana Islands, while maintaining 
the minimum number of workers who are not United States 
workers to meet the changing demands of the Northern Mar-
iana Islands’ economy; 
(2) to encourage 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 a worker who is not a United States worker; 
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 Islands in Political Union 
with the United States of America’, and for other purposes’’ (48 
U.S.C. 1806) is amended— 
(1) in subsection (a)— 
(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 section 286(m) of the Immigration and
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Nationality Act (8 U.S.C. 1356(m)) to recover the full 
costs of adjudication services, the Secretary shall 
impose an annual supplemental fee of $200 per non-
immigrant worker on each prospective employer who 
is issued a permit under subsection (d)(3) during the 
transition program. A prospective employer that is 
issued a permit with a validity period of longer than 
1 year shall pay the fee for each year of requested 
validity at the time the permit is requested. 
‘‘(ii) INFLATION ADJUSTMENT.—Beginning in fiscal 
year 2020, the Secretary, through notice in the Federal 
Register, may annually adjust the supplemental fee 
imposed under clause (i) by a percentage equal to 
the annual change in the Consumer Price Index for 
All Urban Consumers published by the Bureau of 
Labor Statistics. 
‘‘(iii) USE OF FUNDS.—Amounts collected pursuant 
to clause (i) shall be deposited into the Treasury of 
the Commonwealth Government for the sole and exclu-
sive 
purpose 
of 
funding 
vocational 
education, 
apprenticeships, or other training programs for United 
States workers. 
‘‘(iv) FRAUD PREVENTION AND DETECTION FEE.—In 
addition to the fees described in clause (i), the Sec-
retary— 
‘‘(I) shall impose, on each prospective employer 
filing a petition under this subsection for one or 
more nonimmigrant workers, a $50 fraud preven-
tion and detection fee; and 
‘‘(II) shall deposit and use the fees collected 
under subclause (I) for the sole purpose of pre-
venting and detecting immigration benefit fraud 
in the Northern Mariana Islands, in accordance 
with section 286(v)(2)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1356(v)(2)(B)). 
‘‘(B) PLAN FOR THE EXPENDITURE OF FUNDS.—Not later 
than 120 days before the first day of fiscal year 2020, 
and annually thereafter, the Governor of the Common-
wealth Government shall submit to the Secretary of 
Labor— 
‘‘(i) a plan for the expenditures of amounts depos-
ited 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 employment of 
United States workers attributable to expenditures of 
such amounts during the previous year. 
‘‘(C) DETERMINATION AND REPORT.—Not later than 120 
days after receiving each expenditure plan under subpara-
graph (B)(i), the Secretary of Labor shall— 
‘‘(i) issue a determination on the plan; and 
‘‘(ii) submit a report to Congress that describes 
the effectiveness of the Commonwealth Government 
at meeting the goals set forth in such plan.
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‘‘(D) PAYMENT
RESTRICTION.—Payments may not be 
made in a fiscal year from amounts deposited under 
subparagraph (A)(iii) before the Secretary of Labor has 
approved the expenditure plan submitted under subpara-
graph (B)(i) for that fiscal year.’’; 
(2) in subsection (b), by adding at the end the following: 
‘‘(3) REPORT.—Not later than December 1, 2027, the Sec-
retary shall submit a report to the Committee on Energy and 
Natural 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 Representatives that— 
‘‘(A) projects the number of asylum claims the Sec-
retary anticipates following the termination of the transi-
tion period; and 
‘‘(B) describes the efforts of the Secretary to ensure 
appropriate interdiction efforts, provide for appropriate 
treatment of asylum seekers, and prepare to accept and 
adjudicate asylum claims in the Commonwealth.’’; 
(3) in subsection (d)— 
(A) by redesignating paragraphs (2) through (5) as 
paragraphs (3) through (6), respectively; 
(B) by inserting after paragraph (1) the following: 
‘‘(2) PROTECTION FOR UNITED STATES WORKERS.— 
‘‘(A) TEMPORARY LABOR CERTIFICATION.— 
‘‘(i) IN GENERAL.—Beginning with petitions filed 
with employment start dates in fiscal year 2020, a 
petition to import a nonimmigrant worker under this 
subsection may not be approved by the Secretary 
unless the petitioner has applied to the Secretary of 
Labor for a temporary labor certification confirming 
that— 
‘‘(I) there are not sufficient United States 
workers in the Commonwealth who are able, 
willing, qualified, and available at the time and 
place needed to perform the services or labor 
involved in the petition; and 
‘‘(II) employment of the nonimmigrant worker 
will not adversely affect the wages and working 
conditions of similarly employed United States 
workers. 
‘‘(ii) PETITION.—After receiving a temporary labor 
certification under clause (i), a prospective employer 
may submit a petition to the Secretary for a Common-
wealth Only Transitional Worker permit on behalf of 
the nonimmigrant worker. 
‘‘(B) PREVAILING WAGE SURVEY.— 
‘‘(i) IN
GENERAL.—In order to effectuate the 
requirement for a temporary labor certification under 
subparagraph (A)(i), the Secretary of Labor shall use, 
or make available to employers, an occupational wage 
survey conducted by the Governor that the Secretary 
of Labor has determined meets the statistical stand-
ards for determining prevailing wages in the Common-
wealth on an annual basis. 
‘‘(ii) ALTERNATIVE METHOD FOR DETERMINING THE 
PREVAILING WAGE.—In the absence of an occupational
H. R. 5956—4 
wage survey approved by the Secretary of Labor under 
clause (i), the prevailing wage for an occupation in 
the Commonwealth shall be the arithmetic mean of 
the wages of workers similarly employed in the terri-
tory of Guam according to the wage component of 
the Occupational Employment Statistics Survey con-
ducted by the Bureau of Labor Statistics. 
‘‘(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 Common-
wealth; 
‘‘(ii) the Federal minimum wage; or 
‘‘(iii) the prevailing wage in the Commonwealth 
for the occupation in which the worker is employed.’’; 
(C) by amending paragraph (3), as redesignated, to 
read as follows: 
‘‘(3) PERMITS.— 
‘‘(A) IN
GENERAL.—The Secretary shall establish, 
administer, and enforce a system for allocating and deter-
mining terms and conditions of permits to be issued to 
prospective employers for each nonimmigrant worker 
described in this subsection who would not otherwise be 
eligible for admission under the Immigration and Nation-
ality Act (8 U.S.C. 1101 et seq.). 
‘‘(B) NUMERICAL CAP.—The number of permits issued 
under subparagraph (A) may not exceed— 
‘‘(i) 13,000 for fiscal year 2019; 
‘‘(ii) 12,500 for fiscal year 2020; 
‘‘(iii) 12,000 for fiscal year 2021; 
‘‘(iv) 11,500 for fiscal year 2022; 
‘‘(v) 11,000 for fiscal year 2023; 
‘‘(vi) 10,000 for fiscal year 2024; 
‘‘(vii) 9,000 for fiscal year 2025; 
‘‘(viii) 8,000 for fiscal year 2026; 
‘‘(ix) 7,000 for fiscal year 2027; 
‘‘(x) 6,000 for fiscal year 2028; 
‘‘(xi) 5,000 for fiscal year 2029; and 
‘‘(xii) 1,000 for the first quarter of fiscal year 2030. 
‘‘(C) REPORTS REGARDING THE PERCENTAGE OF UNITED 
STATES 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 between United States workers and other workers 
in the Commonwealth’s workforce based on income 
tax filings with the Commonwealth for the tax year. 
‘‘(ii) BY GAO.—Not later than December 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 Energy 
and Natural Resources of the Senate, the Chair and 
Ranking Member of the Committee on Natural 
Resources of the House of Representatives, the Chair 
and Ranking Member of the Committee on Health, 
Education, Labor, and Pensions of the Senate and the
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Chair and Ranking Member of the Committee on Edu-
cation and the Workforce of the House of Representa-
tives that identifies the ratio between United States 
workers and other workers in the Commonwealth’s 
workforce during each of the previous 5 calendar years. 
‘‘(D) PETITION; ISSUANCE OF PERMITS.— 
‘‘(i) SUBMISSION.—A prospective employer may 
submit a petition for a permit under this paragraph 
not earlier than— 
‘‘(I) 120 days before the date on which the 
prospective employer needs the beneficiary’s serv-
ices; or 
‘‘(II) if the petition is for the renewal of an 
existing permit, not earlier than 180 days before 
the expiration of such permit. 
‘‘(ii) EMPLOYMENT
VERIFICATION.—The Secretary 
shall establish a system for each employer of a 
Commonwealth Only Transitional Worker to submit 
a semiannual report to the Secretary and the Secretary 
of Labor that provides evidence to verify the continuing 
employment and payment of such worker under the 
terms and conditions set forth in the permit petition 
that the employer filed on behalf of such worker. 
‘‘(iii) REVOCATION.— 
‘‘(I) IN GENERAL.—The Secretary, in the Sec-
retary’s discretion, may revoke a permit approved 
under this paragraph for good cause, including 
if— 
‘‘(aa) the employer fails to maintain the 
continuous employment of the subject worker, 
fails to pay the subject worker, fails to timely 
file a semiannual report required under this 
paragraph, commits any other violation of the 
terms and conditions of employment, or other-
wise ceases to operate as a legitimate business 
(as defined in clause (iv)(II)); 
‘‘(bb) the beneficiary of such petition does 
not apply for admission to the Commonwealth 
by the date that is 10 days after the period 
of petition validity begins, if the employer has 
requested consular processing; or 
‘‘(cc) the employer fails to provide a 
former, current, or prospective Commonwealth 
Only Transitional Worker, not later than 21 
business days after receiving a written request 
from such worker, with the original (or a cer-
tified copy of the original) of all petitions, 
notices, and other written communication 
related to the worker (other than sensitive 
financial or proprietary information of the 
employer, which may be redacted) that has 
been exchanged between the employer and the 
Department of Labor, the Department of 
Homeland Security, or any other Federal 
agency or department. 
‘‘(II) REALLOCATION OF REVOKED PETITION.— 
Notwithstanding 
subparagraph 
(C), 
for 
each
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permit revoked under subclause (I) in a fiscal year, 
an additional permit shall be made available for 
use in the subsequent fiscal year. 
‘‘(iv) LEGITIMATE BUSINESS.— 
‘‘(I) IN
GENERAL.—A permit may not be 
approved for a prospective employer that is not 
a legitimate business. 
‘‘(II) DEFINED TERM.—In this clause, the term 
‘legitimate business’ means a real, active, and oper-
ating commercial or entrepreneurial undertaking 
that the Secretary, in the Secretary’s sole discre-
tion, determines— 
‘‘(aa) produces services or goods for profit, 
or is a governmental, charitable, or other val-
idly recognized nonprofit entity; 
‘‘(bb) meets applicable legal requirements 
for doing business in the Commonwealth; 
‘‘(cc) has substantially complied with wage 
and hour laws, occupational safety and health 
requirements, and all other Federal, Common-
wealth, and local requirements related to 
employment during the preceding 5 years; 
‘‘(dd) does not directly or indirectly engage 
in, or knowingly benefit from, prostitution, 
human trafficking, or any other activity that 
is illegal under Federal, Commonwealth, or 
local law; 
‘‘(ee) is a participant in good standing in 
the E-Verify program; 
‘‘(ff) does not have, as an owner, investor, 
manager, operator, or person meaningfully 
involved with the undertaking, any individual 
who has been the owner, investor, manager, 
operator, or otherwise meaningfully involved 
with an undertaking that does not comply with 
item (cc) or (dd), or is the agent of such an 
individual; and 
‘‘(gg) is not a successor in interest to an 
undertaking that does not comply with item 
(cc) or (dd). 
‘‘(v) CONSTRUCTION
OCCUPATIONS.—A permit for 
Construction and Extraction Occupations (as defined 
by the Department of Labor as Standard Occupational 
Classification Group 47–0000) may not be issued for 
any worker other than a worker described in paragraph 
(7)(B).’’; 
(D) in paragraph (4), as redesignated, by inserting 
‘‘or to Guam for the purpose of transit only’’ after ‘‘except 
admission to the Commonwealth’’; 
(E) in paragraph (5), as redesignated, by adding at 
the end the following: ‘‘Approval of a petition filed by 
the new employer with a start date 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) REQUIREMENT
TO
REMAIN
OUTSIDE
OF
THE
UNITED 
STATES.—
H. R. 5956—7 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B)— 
‘‘(i) a permit for a Commonwealth Only Transi-
tional Worker— 
‘‘(I) shall remain valid for a period that may 
not exceed 1 year; and 
‘‘(II) may be renewed for not more than two 
consecutive, 1-year periods; and 
‘‘(ii) at the expiration of the second renewal period, 
an alien may not again be eligible for such a permit 
until after the alien has remained outside of the United 
States for a continuous period of at least 30 days 
prior to the submission of a renewal petition on their 
behalf. 
‘‘(B) 
LONG-TERM
WORKERS.—An 
alien 
who 
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, may receive a permit for a Common-
wealth Only Transitional Worker that is valid for a period 
that may not exceed 3 years and may be renewed for 
additional 3-year periods during the transition period. A 
permit issued under this subparagraph shall be counted 
toward the numerical cap for each fiscal year within the 
period of petition validity.’’; and 
(4) by adding at the end the following: 
‘‘(i) DEFINITIONS.—In this section: 
‘‘(1) COMMONWEALTH.—The term ‘Commonwealth’ means 
the Commonwealth of the Northern Mariana Islands. 
‘‘(2) COMMONWEALTH ONLY TRANSITION WORKER.—The term 
‘Commonwealth Only Transition Worker’ means an alien who 
has been admitted into the Commonwealth under the transition 
program and is eligible for a permit under subsection (d)(3). 
‘‘(3) GOVERNOR.—The term ‘Governor’ means the Governor 
of the Commonwealth of the Northern Mariana Islands. 
‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary 
of Homeland Security. 
‘‘(5) TAX YEAR.—The term ‘tax year’ means the fiscal year 
immediately preceding the current fiscal year. 
‘‘(6) UNITED
STATES
WORKER.—The term ‘United States 
worker’ means any worker who is— 
‘‘(A) a citizen or national of the United States; 
‘‘(B) an alien who has been lawfully admitted for 
permanent residence; or 
‘‘(C) a citizen of the Republic of the Marshall Islands, 
the Federated States of Micronesia, or the Republic of 
Palau (known collectively as the ‘Freely Associated States’) 
who has been lawfully admitted to the United States pursu-
ant 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 Fed-
erated 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).’’.
H. R. 5956—8 
(b) RULEMAKING.— 
(1) SECRETARY OF HOMELAND SECURITY.—Notwithstanding 
the requirements under section 553(b) of title 5, United States 
Code, the Secretary of Homeland Security shall publish in 
the Federal Register, not later than 180 days after the date 
of the enactment of this Act, an interim final rule that specifies 
how the Secretary intends to implement the amendments made 
by subsection (a) that relate to the responsibilities of the Sec-
retary. 
(2) SECRETARY OF LABOR.—Notwithstanding the require-
ments under section 553(b) of title 5, United States Code, 
the Secretary of Labor shall publish in the Federal Register, 
not later than 180 days after the date of the enactment of 
this Act, an interim final rule that specifies how the Secretary 
intends to implement the amendments made by subsection 
(a) that relate to the responsibilities of the Secretary. 
(3) RECOMMENDATIONS OF THE GOVERNOR.—In developing 
the interim final rules under paragraphs (1) and (2), the Sec-
retary of Homeland Security and the Secretary of Labor— 
(A) shall each consider, in good faith, any written 
public recommendations regarding the implementation of 
this Act that are submitted by the Governor of the 
Commonwealth not later than 60 days after the date of 
the enactment of this Act; and 
(B) may include provisions in such rule that are respon-
sive to any recommendation of the Governor that is not 
inconsistent with this Act, including a recommendation 
to reserve a number of permits each year for occupational 
categories necessary to maintain public health or safety 
in the Commonwealth. 
(c) DEPARTMENT OF THE INTERIOR TECHNICAL ASSISTANCE.— 
Not later than October 1, 2019, and biennially thereafter, the Sec-
retary of the Interior shall submit a report to Congress that 
describes the fulfillment of the Department of the Interior’s respon-
sibilities to the Commonwealth of the Northern Mariana Islands— 
(1) to identify opportunities for economic growth and diver-
sification; 
(2) to provide assistance in recruiting, training, and hiring 
United States workers; and 
(3) to provide such other technical assistance and consulta-
tion as outlined in section 702(e) of the Consolidated Natural 
Resources Act of 2008 (48 U.S.C. 1807). 
(d) OUTREACH AND TRAINING.—Not later than 120 days after 
the date on which the Secretary of Labor publishes an interim 
final rule in the Federal Register in accordance with subsection 
(b)(2), the Secretary shall conduct outreach and training in the 
Commonwealth of the Northern Mariana Islands for employers 
and workers on the foreign labor certification process set forth 
in 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’’, as amended by subsection 
(b), including the minimum wage requirement set forth in sub-
section (d)(2)(C) of such section. 
(e) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as specifically otherwise provided, 
this Act and the amendments made by this Act—
H. R. 5956—9 
(A) shall take effect on the date of the enactment 
of this Act; and 
(B) shall apply to petitions for Commonwealth Only 
Transitional Workers filed on or after such date. 
(2) AUTHORITY OF SECRETARY OF HOMELAND SECURITY.— 
The Secretary of Homeland Security, in the Secretary’s discre-
tion, may delay the effective date of any provision of this 
Act relating to Commonwealth Only Transition Workers until 
the effective date of the interim final rule described in sub-
section (b), except for provisions providing annual numerical 
caps for such workers. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.