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shall publish regulations in the Federal Register to 
implement this subsection. 
‘‘(d) SPECIAL PROVISION
TO ENSURE ADEQUATE 
EMPLOYMENT; COMMONWEALTH ONLY TRANSITIONAL 
WORKERS.—An alien who is seeking to enter the Com-
monwealth as a nonimmigrant worker may be admitted 
to perform work during the transition period subject to 
the following requirements: 
‘‘(1) Such an alien shall be treated as a non-
immigrant described in section 101(a)(15) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)), including the ability to apply, if other-
wise eligible, for a change of nonimmigrant classi-
fication under section 248 of such Act (8 U.S.C. 
1258) or adjustment of status under this section 
and section 245 of such Act (8 U.S.C. 1255). 
‘‘(2) The Secretary of Homeland Security shall 
establish, administer, and enforce a system for allo-
cating and determining the number, terms, and con-
ditions of permits to be issued to prospective em-
ployers for each such nonimmigrant worker de-
scribed in this subsection who would not otherwise 
be eligible for admission under the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.). In adopting 
and enforcing this system, the Secretary shall also 
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consider, in good faith and not later than 30 days 
after receipt by the Secretary, any comments and 
advice submitted by the Governor of the Common-
wealth. This system shall provide for a reduction in 
the allocation of permits for such workers on an an-
nual basis, to zero, during a period not to extend be-
yond December 31, 2013, unless extended pursuant 
to paragraph 5 of this subsection, and shall take 
into account the number of petitions granted under 
subsection (i). In no event shall a permit be valid be-
yond the expiration of the transition period. This 
system may be based on any reasonable method and 
criteria determined by the Secretary of Homeland 
Security to promote the maximum use of, and to 
prevent adverse effects on wages and working condi-
tions of, workers authorized to be employed in the 
United States, including lawfully admissible freely 
associated state citizen labor. No alien shall be 
granted nonimmigrant classification or a visa under 
this subsection unless the permit requirements es-
tablished under this paragraph have been met. 
‘‘(3) The Secretary of Homeland Security shall 
set the conditions for admission of such an alien 
under the transition program, and the Secretary of 
State shall authorize the issuance of nonimmigrant 
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visas for such an alien. Such a visa shall not be valid 
for admission to the United States, as defined in 
section 101(a)(38) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(38)), except admission 
to the Commonwealth. An alien admitted to the 
Commonwealth on the basis of such a visa shall be 
permitted to engage in employment only as author-
ized pursuant to the transition program. 
‘‘(4) Such an alien shall be permitted to trans-
fer between employers in the Commonwealth during 
the period of such alien’s authorized stay therein, 
without permission of the employee’s current or 
prior employer, within the alien’s occupational cat-
egory or another occupational category the Secretary 
of Homeland Security has found requires alien work-
ers to supplement the resident workforce. 
‘‘(5)(A) Not later than 180 days prior to the 
expiration of the transition period, or any extension 
thereof, the Secretary of Labor, in consultation with 
the Secretary of Homeland Security, the Secretary 
of the Interior, and the Governor of the Common-
wealth, shall ascertain the current and anticipated 
labor needs of the Commonwealth and determine 
whether an extension of up to 5 years of the provi-
sions of this subsection is necessary to ensure an 
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adequate number of workers will be available for le-
gitimate businesses in the Commonwealth. For the 
purpose of this subparagraph, a business shall not 
be considered legitimate if it engages directly or in-
directly in prostitution, trafficking in minors, or any 
other activity that is illegal under Federal or local 
law. The determinations of whether a business is le-
gitimate and to what extent, if any, it may require 
alien workers to supplement the resident workforce, 
shall be made by the Secretary of Homeland Secu-
rity, in the Secretary’s sole discretion. 
‘‘(B) If the Secretary of Labor determines that 
such an extension is necessary to ensure an ade-
quate number of workers for legitimate businesses in 
the Commonwealth, the Secretary of Labor may, 
through notice published in the Federal Register, 
provide for an additional extension period of up to 
5 years. 
‘‘(C) In making the determination of whether 
alien workers are necessary to ensure an adequate 
number of workers for legitimate businesses in the 
Commonwealth, and if so, the number of such work-
ers that are necessary, the Secretary of Labor may 
consider, among other relevant factors— 
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‘‘(i) government, industry, or independent 
workforce studies reporting on the need, or lack 
thereof, for alien workers in the Common-
wealth’s businesses; 
‘‘(ii) the unemployment rate of United 
States citizen workers residing in the Common-
wealth; 
‘‘(iii) the unemployment rate of aliens in 
the Commonwealth who have been lawfully ad-
mitted for permanent residence; 
‘‘(iv) the number of unemployed alien 
workers in the Commonwealth; 
‘‘(v) any good faith efforts to locate, edu-
cate, train, or otherwise prepare United States 
citizen residents, lawful permanent residents, 
and unemployed alien workers already within 
the Commonwealth, to assume those jobs; 
‘‘(vi) any available evidence tending to 
show that United States citizen residents, law-
ful permanent residents, and unemployed alien 
workers already in the Commonwealth are not 
willing to accept jobs of the type offered; 
‘‘(vii) the extent to which admittance of 
alien workers will affect the compensation, ben-
efits, and living standards of existing workers 
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within those industries and other industries au-
thorized to employ alien workers; and 
‘‘(viii) the prior use, if any, of alien work-
ers to fill those industry jobs, and whether the 
industry requires alien workers to fill those 
jobs. 
‘‘(6) The Secretary of Homeland Security may 
authorize the admission of a spouse or minor child 
accompanying or following to join a worker admitted 
pursuant to this subsection. 
‘‘(e) PERSONS LAWFULLY ADMITTED UNDER THE 
COMMONWEALTH IMMIGRATION LAW.— 
‘‘(1) PROHIBITION ON REMOVAL.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), no alien who is lawfully present in 
the Commonwealth pursuant to the immigration 
laws of the Commonwealth on the transition 
program effective date shall be removed from 
the United States on the grounds that such 
alien’s presence in the Commonwealth is in vio-
lation of section 212(a)(6)(A) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(6)(A)), until the earlier of the date— 
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‘‘(i) of the completion of the period of 
the alien’s admission under the immigra-
tion laws of the Commonwealth; or 
‘‘(ii) that is 2 years after the transi-
tion program effective date. 
‘‘(B) LIMITATIONS.—Nothing in this sub-
section shall be construed to prevent or limit 
the removal under subparagraph 212(a)(6)(A) 
of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(6)(A)) of such an alien at any 
time, if the alien entered the Commonwealth 
after the date of the enactment of the Northern 
Mariana Islands Immigration, Security, and 
Labor Act, and the Secretary of Homeland Se-
curity has determined that the Government of 
the Commonwealth has violated section 103(i) 
of the Northern Mariana Islands Immigration, 
Security, and Labor Act. 
‘‘(2) EMPLOYMENT AUTHORIZATION.—An alien 
who is lawfully present and authorized to be em-
ployed in the Commonwealth pursuant to the immi-
gration laws of the Commonwealth on the transition 
program effective date shall be considered authorized 
by the Secretary of Homeland Security to be em-
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ployed in the Commonwealth until the earlier of the 
date— 
‘‘(A) of expiration of the alien’s employ-
ment authorization under the immigration laws 
of the Commonwealth; or 
‘‘(B) that is 2 years after the transition 
program effective date. 
‘‘(3) REGISTRATION.—The Secretary of Home-
land Security may require any alien present in the 
Commonwealth on or after the transition period ef-
fective date to register with the Secretary in such a 
manner, and according to such schedule, as he may 
in his discretion require. Paragraphs (1) and (2) of 
this subsection shall not apply to any alien who fails 
to comply with such registration requirement. Not-
withstanding any other law, the Government of the 
Commonwealth shall provide to the Secretary all 
Commonwealth immigration records or other infor-
mation that the Secretary deems necessary to assist 
the implementation of this paragraph or other provi-
sions of the Northern Mariana Islands Immigration, 
Security, and Labor Act. Nothing in this paragraph 
shall modify or limit section 262 of the Immigration 
and Nationality Act (8 U.S.C. 1302) or other provi-
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sion of the Immigration and Nationality Act relating 
to the registration of aliens. 
‘‘(4) REMOVABLE ALIENS.—Except as specifi-
cally provided in paragraph (1)(A) of this sub-
section, nothing in this subsection shall prohibit or 
limit the removal of any alien who is removable 
under the Immigration and Nationality Act. 
‘‘(5) PRIOR ORDERS OF REMOVAL.—The Sec-
retary of Homeland Security may execute any ad-
ministratively final order of exclusion, deportation or 
removal issued under authority of the immigration 
laws of the United States before, on, or after the 
transition period effective date, or under authority of 
the immigration laws of the Commonwealth before 
the transition period effective date, upon any subject 
of such order found in the Commonwealth on or 
after the transition period effective date, regardless 
whether the alien has previously been removed from 
the United States or the Commonwealth pursuant to 
such order. 
‘‘(f) EFFECT ON OTHER LAWS.—The provisions of 
this section and of the immigration laws, as defined in 
section 101(a)(17) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(17)), shall, on the transition program 
effective date, supersede and replace all laws, provisions, 
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or programs of the Commonwealth relating to the admis-
sion of aliens and the removal of aliens from the Common-
wealth. 
‘‘(g) ACCRUAL OF TIME FOR PURPOSES OF SECTION 
212(A)(9)(B) OF THE IMMIGRATION AND NATIONALITY 
ACT.—No time that an alien is present in the Common-
wealth in violation of the immigration laws of the Com-
monwealth shall be counted for purposes of inadmissibility 
under section 212(a)(9)(B) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(a)(9)(B)). 
‘‘(h) REPORT
ON
NONRESIDENT
GUESTWORKER 
POPULATION.—The Secretary of the Interior, in consulta-
tion with the Secretary of Homeland Security, and the 
Governor of the Commonwealth, shall report to the Con-
gress not later than 2 years after the date of the enact-
ment of the Northern Mariana Islands Immigration, Secu-
rity, and Labor Act. The report shall include— 
‘‘(1) the number of aliens residing in the Com-
monwealth; 
‘‘(2) a description of the legal status (under 
Federal law) of such aliens; 
‘‘(3) the number of years each alien has been 
residing in the Commonwealth; 
‘‘(4) the current and future requirements of the 
Commonwealth economy for an alien workforce; and 
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‘‘(5) such recommendations to the Congress, as 
the Secretary may deem appropriate, related to 
whether or not the Congress should consider permit-
ting lawfully admitted guest workers lawfully resid-
ing in the Commonwealth on such enactment date to 
apply for long-term status under the immigration 
and nationality laws of the United States.’’. 
(b) WAIVER OF REQUIREMENTS FOR NONIMMIGRANT 
VISITORS.—The Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended— 
(1) 
in 
section 
214(a)(1) 
(8 
U.S.C. 
1184(a)(1))— 
(A) by striking ‘‘Guam’’ each place such 
term appears and inserting ‘‘Guam or the Com-
monwealth of the Northern Mariana Islands’’; 
and 
(B) by striking ‘‘fifteen’’ and inserting 
‘‘45’’; 
(2) 
in 
section 
212(a)(7)(B) 
(8 
U.S.C. 
1182(a)(7)(B)), by amending clause (iii) to read as 
follows: 
‘‘(iii) GUAM AND NORTHERN MARIANA 
ISLANDS VISA WAIVER.—For provision au-
thorizing waiver of clause (i) in the case of 
visitors to Guam or the Commonwealth of 
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the Northern Mariana Islands, see sub-
section (l).’’; and 
(3) by amending section 212(l) (8 U.S.C. 
1182(l)) to read as follows: 
‘‘(l) GUAM AND NORTHERN MARIANA ISLANDS VISA 
WAIVER PROGRAM.— 
‘‘(1) IN GENERAL.—The requirement of sub-
section (a)(7)(B)(i) may be waived by the Secretary 
of Homeland Security, in the case of an alien apply-
ing for admission as a nonimmigrant visitor for busi-
ness or pleasure and solely for entry into and stay 
in Guam or the Commonwealth of the Northern 
Mariana Islands for a period not to exceed 45 days, 
if the Secretary of Homeland Security, after con-
sultation with the Secretary of the Interior, the Sec-
retary of State, the Governor of Guam and the Gov-
ernor of the Commonwealth of the Northern Mar-
iana Islands, determines that— 
‘‘(A) an adequate arrival and departure 
control system has been developed in Guam and 
the Commonwealth of the Northern Mariana Is-
lands; and 
‘‘(B) such a waiver does not represent a 
threat to the welfare, safety, or security of the 
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