IIB 
115TH CONGRESS 
2D SESSION 
H. R. 5956 
IN THE SENATE OF THE UNITED STATES 
JUNE 6, 2018 
Received 
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 Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Northern Mariana Is-
lands 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 Reso-
lution 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 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 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. 
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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)— 
(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 Nationality Act (8 U.S.C. 
1356(m)) 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. A prospective employer that is 
issued a permit with a validity period of 
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longer than 1 year shall pay the fee for 
each year of requested validity at the time 
the permit is requested. 
‘‘(ii) INFLATION
ADJUSTMENT.—Be-
ginning 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 Con-
sumer Price Index for All Urban Con-
sumers published by the Bureau of Labor 
Statistics. 
‘‘(iii) USE OF FUNDS.—Amounts col-
lected pursuant to clause (i) shall be de-
posited into the Treasury of the Common-
wealth Government for the sole and exclu-
sive purpose of funding vocational edu-
cation, apprenticeships, or other training 
programs for United States workers. 
‘‘(iv) FRAUD
PREVENTION
AND
DE-
TECTION FEE.—In addition to the fees de-
scribed in clause (i), the Secretary— 
‘‘(I) shall impose, on each pro-
spective employer filing a petition 
under this subsection for one or more 
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nonimmigrant workers, a $50 fraud 
prevention and detection fee; and 
‘‘(II) shall deposit and use the 
fees collected under subclause (I) for 
the sole purpose of preventing and de-
tecting immigration benefit fraud in 
the Northern Mariana Islands, in ac-
cordance 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 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-
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utable to expenditures of such amounts 
during the previous year. 
‘‘(C) DETERMINATION AND REPORT.—Not 
later than 120 days after receiving each ex-
penditure plan under subparagraph (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 Common-
wealth Government at meeting the goals 
set forth in such plan. 
‘‘(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 ex-
penditure plan submitted under subparagraph 
(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 Secretary shall submit a report to the 
Committee on Energy and Natural Resources of the 
Senate, the Committee on the Judiciary of the Sen-
ate, the Committee on Natural Resources of the 
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House of Representatives, and the Committee on the 
Judiciary of the House of Representatives that— 
‘‘(A) projects the number of asylum claims 
the Secretary anticipates following the termi-
nation of the transition period; and 
‘‘(B) describes the efforts of the Secretary 
to ensure appropriate interdiction efforts, pro-
vide for appropriate treatment of asylum seek-
ers, and prepare to accept and adjudicate asy-
lum claims in the Commonwealth.’’; 
(3) in subsection (d)— 
(A) 
by 
redesignating 
paragraphs 
(2) 
through (5) as paragraphs (3) through (6), re-
spectively; 
(B) by inserting after paragraph (1) the 
following: 
‘‘(2) PROTECTION FOR UNITED STATES WORK-
ERS.— 
‘‘(A) 
TEMPORARY
LABOR
CERTIFI-
CATION.— 
‘‘(i) IN
GENERAL.—Beginning with 
petitions filed with employment start dates 
in fiscal year 2020, a petition to import a 
nonimmigrant worker under this sub-
section may not be approved by the Sec-
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retary 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 Com-
monwealth who are able, willing, 
qualified, and available at the time 
and place needed to perform the serv-
ices or labor involved in the petition; 
and 
‘‘(II) employment of the non-
immigrant worker will not adversely 
affect the wages and working condi-
tions 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 effec-
tuate the requirement for a temporary 
labor certification under subparagraph 
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(A)(i), the Secretary of Labor shall use, or 
make available to employers, an occupa-
tional wage survey conducted by the Gov-
ernor that the Secretary of Labor has de-
termined meets the statistical standards 
for determining prevailing wages in the 
Commonwealth on an annual basis. 
‘‘(ii) ALTERNATIVE METHOD FOR DE-
TERMINING
THE
PREVAILING
WAGE.—In 
the absence of an occupational wage survey 
approved by the Secretary of Labor under 
clause (i), the prevailing wage for an occu-
pation in the Commonwealth shall be the 
arithmetic mean of the wages of workers 
similarly employed in the territory of 
Guam according to the wage component of 
the Occupational Employment Statistics 
Survey conducted 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 Commonwealth; 
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‘‘(ii) the Federal minimum wage; or 
‘‘(iii) the prevailing wage in the Com-
monwealth for the occupation in which the 
worker is employed.’’; 
(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 terms and condi-
tions of permits to be issued to prospective em-
ployers for each 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) 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; 
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‘‘(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 PERCENT-
AGE 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 be-
tween United States workers and other 
workers in the Commonwealth’s workforce 
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, 
the Chair and Ranking Member of the 
Committee on Natural Resources of the 
House of Representatives, the Chair and 
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Ranking Member of the Committee on 
Health, Education, Labor, and Pensions of 
the Senate and the Chair and Ranking 
Member of the Committee on Education 
and the Workforce of the House of Rep-
resentatives that identifies the ratio be-
tween 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 em-
ployer 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 services; or 
‘‘(II) if the petition is for the re-
newal of an existing permit, not ear-
lier than 180 days before the expira-
tion of such permit. 
‘‘(ii) EMPLOYMENT
VERIFICATION.— 
The Secretary shall establish a system for 
each employer of a Commonwealth Only 
Transitional Worker to submit a semi-
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annual 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 peti-
tion that the employer filed on behalf of 
such worker. 
‘‘(iii) REVOCATION.— 
‘‘(I) IN
GENERAL.—The Sec-
retary, in the Secretary’s discretion, 
may revoke a permit approved under 
this paragraph for good cause, includ-
ing if— 
‘‘(aa) the employer fails to 
maintain the continuous employ-
ment 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 em-
ployment, or otherwise ceases to 
operate as a legitimate business 
(as defined in clause (iv)(II)); 
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‘‘(bb) the beneficiary of such 
petition does not apply for admis-
sion to the Commonwealth by the 
date that is 10 days after the pe-
riod of petition validity begins, if 
the employer has requested con-
sular processing; or 
‘‘(cc) the employer fails to 
provide a former, current, or pro-
spective 
Commonwealth 
Only 
Transitional Worker, not later 
than 21 business days after re-
ceiving a written request from 
such worker, with the original (or 
a certified copy of the original) of 
all petitions, notices, and other 
written communication related to 
the worker (other than sensitive 
financial or proprietary informa-
tion of the employer, which may 
be redacted) that has been ex-
changed between the employer 
and the Department of Labor, 
the Department of Homeland Se-
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curity, or any other Federal 
agency or department. 
‘‘(II) REALLOCATION
OF
RE-
VOKED
PETITION.—Notwithstanding 
subparagraph (C), for each permit re-
voked under subclause (I) in a fiscal 
year, an additional permit shall be 
made available for use in the subse-
quent fiscal year. 
‘‘(iv) LEGITIMATE BUSINESS.— 
‘‘(I) IN
GENERAL.—A permit 
may not be approved for a prospective 
employer that is not a legitimate busi-
ness. 
‘‘(II) DEFINED
TERM.—In this 
clause, the term ‘legitimate business’ 
means a real, active, and operating 
commercial or entrepreneurial under-
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; 
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‘‘(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, Commonwealth, and local 
requirements related to employ-
ment during the preceding 5 
years; 
‘‘(dd) does not directly or in-
directly 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, oper-
ator, or person meaningfully in-
volved with the undertaking, any 
individual who has been the 
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owner, investor, manager, oper-
ator, 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 Depart-
ment 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 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 with a start 
date within the same fiscal year as the current 
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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.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B)— 
‘‘(i) a permit for a Commonwealth 
Only Transitional Worker— 
‘‘(I) shall remain valid for a pe-
riod that may not exceed 1 year; and 
‘‘(II) may be renewed for not 
more than two consecutive, 1-year pe-
riods; 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 re-
newal petition on their behalf. 
‘‘(B) LONG-TERM
WORKERS.—An alien 
who was admitted to the Commonwealth as a 
Commonwealth Only Transitional Worker dur-
ing fiscal year 2015, and during every subse-
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quent fiscal year beginning before the date of 
the enactment of the Northern Mariana Islands 
U.S. Workforce Act of 2018, may receive a per-
mit for a Commonwealth Only Transitional 
Worker that is valid for a period that may not 
exceed 3 years and may be renewed for addi-
tional 3-year periods during the transition pe-
riod. A permit issued under this subparagraph 
shall be counted toward the numerical cap for 
each fiscal year within the period of petition va-
lidity.’’; and 
(4) by adding at the end the following: 
‘‘(i) DEFINITIONS.—In this section: 
‘‘(1) COMMONWEALTH.—The term ‘Common-
wealth’ means the Commonwealth of the Northern 
Mariana Islands. 
‘‘(2) 
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 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. 
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‘‘(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 fis-
cal 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 admit-
ted for permanent residence; or 
‘‘(C) 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 
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States and the Government of Palau (48 
U.S.C. 1931 note).’’. 
(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 Secretary. 
(2) SECRETARY
OF
LABOR.—Notwithstanding 
the requirements 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 sub-
section (a) that relate to the responsibilities of the 
Secretary. 
(3) RECOMMENDATIONS OF THE GOVERNOR.— 
In developing the interim final rules under para-
graphs (1) and (2), the Secretary of Homeland Se-
curity and the Secretary of Labor— 
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