I 
110TH CONGRESS 
1ST SESSION H. R. 3079 
To amend the Joint Resolution Approving the Covenant to Establish a 
Commonwealth of the Northern Mariana Islands, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 18, 2007 
Mrs. CHRISTENSEN (for herself and Mr. RAHALL) introduced the following 
bill; which was referred to the Committee on Natural Resources 
A BILL 
To amend the Joint Resolution Approving the Covenant to 
Establish a Commonwealth of the Northern Mariana Is-
lands, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
TITLE I—NORTHERN MARIANA 
ISLANDS IMMIGRATION, SE-
CURITY, AND LABOR ACT 
SECTION 101. SHORT TITLE. 
This title may be cited as the ‘‘Northern Mariana Is-
lands Covenant Implementation Act’’. 
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SEC. 102. STATEMENT OF CONGRESSIONAL INTENT. 
(a) IMMIGRATION AND GROWTH.—In recognition of 
the need to ensure uniform adherence to long-standing 
fundamental immigration policies of the United States, it 
is the intention of Congress in enacting this title— 
(1) to ensure that effective border control pro-
cedures are implemented and observed, and that na-
tional security and homeland security issues are 
properly addressed, by extending the Immigration 
and Nationality Act, (8 U.S.C. 1101 et seq.), to 
apply to the Commonwealth of the Northern Mar-
iana Islands (referred to in this title as the ‘‘Com-
monwealth’’), with special provisions to allow for— 
(A) the orderly phasing-out of the non-
resident contract worker program of the Com-
monwealth; and 
(B) the orderly phasing-in of Federal re-
sponsibilities over immigration in the Common-
wealth; and 
(2) to minimize, to the greatest extent prac-
ticable, potential adverse economic and fiscal effects 
of phasing-out the Commonwealth’s nonresident con-
tract worker program and to maximize the Common-
wealth’s potential for future economic and business 
growth by— 
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(A) encouraging diversification and growth 
of the economy of the Commonwealth in accord-
ance with fundamental values underlying Fed-
eral immigration policy; 
(B) recognizing local self-government, as 
provided for in the Covenant to Establish a 
Commonwealth of the Northern Mariana Is-
lands in Political Union with the United States 
of America through consultation with the Gov-
ernor of the Commonwealth; 
(C) assisting the Commonwealth in achiev-
ing a progressively higher standard of living for 
citizens of the Commonwealth through the pro-
vision of technical and other assistance; 
(D) providing opportunities for individuals 
authorized to work in the United States, includ-
ing citizens of the freely associated states; and 
(E) providing a mechanism for the contin-
ued use of alien workers, to the extent those 
workers continue to be necessary to supplement 
the Commonwealth’s resident workforce, and to 
protect those workers from the potential for 
abuse and exploitation. 
(b) AVOIDING ADVERSE EFFECTS.—In recognition of 
the Commonwealth’s unique economic circumstances, his-
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tory, and geographical location, it is the intent of Congress 
that the Commonwealth be given as much flexibility as 
possible in maintaining existing businesses and other rev-
enue sources, and developing new economic opportunities, 
consistent with the mandates of this title. This title, and 
the amendments made by this title, should be interpreted 
wherever possible to expand tourism and economic devel-
opment in the Commonwealth, including aiding prospec-
tive tourists in gaining access to the Commonwealth’s me-
morials, beaches, parks, dive sites, and other points of in-
terest. 
SEC. 103. IMMIGRATION REFORM FOR THE COMMON-
WEALTH. 
(a) AMENDMENTS TO THE JOINT RESOLUTION TO 
APPROVE THE COVENANT TO ESTABLISH A COMMON-
WEALTH OF THE NORTHERN MARIANA ISLANDS IN PO-
LITICAL UNION WITH THE UNITED STATES OF AMER-
ICA.—The 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, approved March 24, 1976 
(Public Law 94–241; 90 Stat. 263), is amended by adding 
at the end the following new section: 
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‘‘SEC. 6. IMMIGRATION AND TRANSITION. 
‘‘(a) APPLICATION OF THE IMMIGRATION AND NA-
TIONALITY ACT AND ESTABLISHMENT OF A TRANSITION 
PROGRAM.— 
‘‘(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), effective on the first day of the first full 
month commencing 1 year after the date of enact-
ment of the Northern Mariana Islands Covenant Im-
plementation Act (hereafter referred to as the ‘tran-
sition program effective date’), the provisions 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 apply to the Commonwealth of 
the Northern Mariana Islands (referred to in this 
section as the ‘Commonwealth’), except as otherwise 
provided in this section. 
‘‘(2) TRANSITION
PERIOD.—Notwithstanding 
paragraph (1) or any provision of the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.), there 
shall be a transition period beginning on the transi-
tion program effective date and ending December 
31, 2017, except as provided in subsection (d), dur-
ing which the Secretary of Homeland Security, in 
consultation with the Secretary of State, the Attor-
ney General, the Secretary of Labor, and the Sec-
retary of the Interior, shall establish, administer, 
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and enforce a transition program to regulate immi-
gration to the Commonwealth, as provided in this 
section (hereafter referred to as the ‘transition pro-
gram’). 
‘‘(3) REQUIREMENT FOR REGULATIONS.—The 
transition program shall be implemented pursuant to 
regulations to be promulgated, as appropriate, by 
the head of each agency or department of the United 
States having responsibilities under the transition 
program. 
‘‘(4) INTERAGENCY
AGREEMENTS.—The Sec-
retary of Homeland Security, the Secretary of State, 
the Secretary of Labor, and the Secretary of the In-
terior shall negotiate and implement agreements 
among their agencies to identify and assign their re-
spective duties so as to ensure timely and proper im-
plementation of the provisions of this section. The 
agreements should address, at a minimum, proce-
dures to ensure that Commonwealth employers have 
access to adequate labor, and that tourists, students, 
retirees, and other visitors have access to the Com-
monwealth without unnecessary delay or impedi-
ment. The agreements may also allocate funding be-
tween the respective agencies tasked with various re-
sponsibilities under this section. 
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‘‘(5) ASYLUM.— 
‘‘(A) REQUIREMENTS.—The Government 
of the Commonwealth shall comply with the 
Convention Relating to the Status of Refugees, 
done at Geneva July 28, 1951, the Protocol Re-
lating to the Status of Refugees done at Geneva 
July 28, 1951, and the United Nations Conven-
tion Against Torture and Other Cruel, Inhuman 
or Degrading Treatment or Punishment done at 
New York December 10, 1984. If, acting joint-
ly, the Secretary of Homeland Security and the 
Secretary of State find that the Government of 
the Commonwealth is not in compliance with 
such international agreements, section 208 of 
the Immigration and Nationality Act (8 U.S.C. 
1158) regarding asylum shall apply to persons 
present in the Commonwealth. 
‘‘(B) REGULATIONS
AND
REPORT.—The 
Secretary of Homeland Security is authorized 
to promulgate regulations for the monitoring 
and supervision of the Commonwealth’s refugee 
protection program, including the establishment 
of standards for compliance and noncompliance, 
and shall report annually to Congress as a part 
of the report submitted under section 3(g) of 
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the Northern Mariana Islands Covenant Imple-
mentation Act on the performance of the Com-
monwealth in meeting these obligations. 
‘‘(b) NUMERICAL LIMITATIONS FOR NONIMMIGRANT 
WORKERS.—An alien, if otherwise qualified, may seek ad-
mission to the Commonwealth on or after the transition 
program effective date as a nonimmigrant worker under 
section 101(a)(15)(H) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(H)) without counting against 
the numerical limitations set forth in section 214(g) of 
such Act (8 U.S.C. 1184(g)). 
‘‘(c) IMMIGRANTS.— 
‘‘(1) IN GENERAL.—With the exception of im-
mediate relatives (as defined in section 201(b)(2) of 
the Immigration and Nationality Act (8 U.S.C. 
1151(b)(2)) and aliens granted an immigrant visa as 
provided in paragraphs (2) and (3) of this sub-
section, no alien shall be granted initial admission as 
a lawful permanent resident of the United States at 
a port of entry in the Commonwealth, or a port of 
entry in Guam for the purpose of immigrating to the 
Commonwealth. 
‘‘(2) FAMILY-SPONSORED IMMIGRANT VISAS.— 
For any fiscal year during which the transition pro-
gram will be in effect, the Secretary of Homeland 
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Security, after consultation with the Governor of the 
Commonwealth, and in consultation with the heads 
of the appropriate agencies and departments of the 
United States, may establish a specific number of 
additional initial admissions as family-sponsored im-
migrants at a port of entry in the Commonwealth, 
or at a port of entry in Guam for the purpose of im-
migrating to the Commonwealth, pursuant to sec-
tions 202 and 203(a) of the Immigration and Na-
tionality Act (8 U.S.C. 1152 and 1153(a)). 
‘‘(3) EMPLOYMENT-BASED VISAS.—If the Sec-
retary of Labor, after consultation with the Gov-
ernor of the Commonwealth and the Secretary of 
Homeland Security, finds that exceptional cir-
cumstances exist with respect to the inability of em-
ployers in the Commonwealth to obtain sufficient 
work-authorized labor, in addition to the Common-
wealth-only transitional workers authorized under 
section 103(d), the Secretary of Homeland Security 
may establish a specific number of employment- 
based visas that will not count against the numerical 
limitations under section 203(b) of the Immigration 
and Nationality Act (8 U.S.C. 1153(b)). The labor 
certification requirements of section 212(a)(5) of 
that Act (8 U.S.C. 1182(a)(5)) shall not apply to an 
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alien seeking immigration benefits under this sub-
section. An alien granted an employment-based visa 
under this paragraph may be admitted initially at a 
port of entry in the Commonwealth, or at a port of 
entry in Guam for the purpose of immigrating to the 
Commonwealth, as a lawful permanent resident of 
the United States. 
‘‘(d) NONIMMIGRANT INVESTOR VISAS.— 
‘‘(1) IN GENERAL.—Notwithstanding the treaty 
requirements in section 101(a)(15)(E) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(E)), during the transition period, the 
Secretary of Homeland Security may, upon the ap-
plication of an alien, classify an alien as a non-
immigrant under section 101(a)(15)(E)(ii) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(E)(ii)) if the alien— 
‘‘(A) has been admitted to the Common-
wealth in long-term investor status under the 
immigration laws of the Commonwealth before 
the transition program effective date; 
‘‘(B) has continuously maintained resi-
dence in the Commonwealth under long-term 
investor status; 
‘‘(C) is otherwise admissible; and 
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‘‘(D) maintains the investment or invest-
ments that formed the basis for such long-term 
investor status. 
‘‘(2) REQUIREMENT
FOR
REGULATIONS.—Not 
later than 180 days after the transition program ef-
fective date, the Secretary of Homeland Security 
shall publish regulations in the Federal Register to 
implement this subsection. 
‘‘(3) INTERIM PROCEDURES.—The Secretary of 
Homeland Security shall treat an alien who meets 
the requirements of paragraph (1) as a non-
immigrant under section 101(a)(15)(E)(ii) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(E)(ii)) until the regulations imple-
menting this subsection are published. 
‘‘(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-
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lation of subparagraph 212(a)(6)(A) of the Im-
migration and Nationality Act (8 U.S.C. 
1182(a)(6)(A)), until the earlier of the date— 
‘‘(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 enactment of the Northern 
Mariana Islands Covenant Implementation Act, 
and the Secretary of Homeland Security has 
determined that the alien entered the Common-
wealth in violation of this section. 
‘‘(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. 
‘‘(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, 
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) ONE-TIME NONIMMIGRANT PROVISION
FOR 
CERTAIN LONG-TERM EMPLOYEES.— 
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‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall grant lawful nonimmigrant status in 
the United States to all eligible aliens and their 
spouses and children, as described in this subsection. 
The Secretary of Homeland Security is authorized to 
promulgate regulations to give effect to this sub-
section. 
‘‘(2) CERTIFICATION.—Not later than the tran-
sition program effective date, the Secretary of the 
Interior, in consultation with the Secretary of Home-
land Security, the Secretary of Labor, and the Gov-
ernor of the Commonwealth, shall certify as eligible 
those workers who have applied and who satisfy the 
criteria to receive nonimmigrant status under this 
subsection. Each such alien shall— 
‘‘(A) have continually resided, except for 
brief absences, in the Commonwealth for at 
least the 5 years prior to enactment of this 
Northern Mariana Islands Covenant Implemen-
tation Act; 
‘‘(B) have legal immigration status within 
the Commonwealth on the date of enactment of 
the Northern Mariana Islands Covenant Imple-
mentation Act, continuing with no lapse in law-
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ful status until the alien’s application is ap-
proved; and 
‘‘(C) shall submit a complete application 
establishing the alien’s eligibility, pursuant to 
regulations promulgated by the Secretary of 
Homeland Security, not later than 1 year after 
the date of enactment of the Northern Mariana 
Islands Covenant Implementation Act. 
‘‘(3) ISSUANCE.— 
‘‘(A) IN
GENERAL.—The Secretary of 
State shall establish and issue an appropriate 
visa to each applicant granted lawful non-
immigrant status under paragraph (1) of this 
subsection after the date of the enactment of 
the Northern Mariana Islands Covenant Imple-
mentation Act. 
‘‘(B) RENEWAL.—Lawful nonimmigrant 
status granted under this section shall be re-
newable every 5 years. 
‘‘(C) REPORT TO CONGRESS.—During the 
fourth year after the date of the enactment of 
the Northern Mariana Islands Covenant Imple-
mentation Act, the Secretary of Homeland Se-
curity shall report to Congress in the Presi-
dent’s annual report submitted to Congress and 
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during the fifth year after such date of enact-
ment the Secretary of Homeland Security shall 
report to Congress under subsection (g) of the 
Northern Mariana Islands Covenant Implemen-
tation Act, on the status of those persons hold-
ing the visas authorized under this subsection 
residing in Guam, the Commonwealth, and the 
United States, and shall provide recommenda-
tions concerning the future status of such non-
immigrants. 
‘‘(4) STATUS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law and subject to subpara-
graph (B), each applicant selected under para-
graph (2) may enter into, lawfully engage in oc-
cupations, and establish residence as a non-
immigrant in the United States and its terri-
tories and possessions without regard to para-
graphs (5) and (7)(B)(i)(II) of section 212(a) 
of the Immigration and Nationality Act (8 
U.S.C. 1182(a)). 
‘‘(B) ELIGIBILITY FOR STATUS.—An appli-
cant is ineligible for status under subparagraph 
(A) or renewal of such status unless and until 
the applicant— 
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‘‘(i) passes a background check estab-
lishing that the worker is not ineligible on 
criminal and related grounds under para-
graph (2) of section 212(a) of the Immi-
gration and Nationality Act (8 U.S.C. 
1182(a)) or security and related grounds 
set out in paragraph (3) of such section 
212(a); 
‘‘(ii) submits to a medical examination 
establishing that the applicant is not ineli-
gible under the health-related criteria set 
out in paragraph (1) of such section 
212(a); and 
‘‘(iii) is otherwise admissible to the 
United States under such section 212(a), 
except as provided in subparagraph (A). 
‘‘(i) STATUTORY CONSTRUCTION.—Nothing in this 
section may be construed to count the issuance of any visa 
to an alien, or the grant of any admission of an alien, 
under this section toward any numerical limitation con-
tained in the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.).’’. 
(b) WAIVER OF REQUIREMENTS FOR NONIMMIGRANT 
VISITORS.— 
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(1) WAIVER
OF
REQUIREMENTS
FOR
NON-
IMMIGRANT VISITORS.—Section 212(l) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(l)) is 
amended— 
(A) in paragraph (1), in the matter pre-
ceding subparagraph (A)— 
(i) by striking ‘‘stay on Guam’’, and 
inserting ‘‘stay on Guam or the Common-
wealth of the Northern Mariana Islands’’; 
(ii) by inserting ‘‘a total of’’ after ‘‘ex-
ceed’’; and 
(iii) by striking ‘‘after consultation 
with the Governor of Guam,’’ and inserting 
‘‘after consultation with the Governor of 
Guam or the Governor of the Common-
wealth of the Northern Mariana Islands,’’; 
(B) in paragraph (1)(A), by striking ‘‘on 
Guam,’’, and inserting ‘‘on Guam or the Com-
monwealth of the Northern Mariana Islands;’’; 
(C) in paragraph (2)(A), by striking ‘‘into 
Guam,’’, and inserting ‘‘into Guam or the Com-
monwealth of the Northern Mariana Islands;’’; 
(D) in paragraph (3), by inserting ‘‘or the 
Government of the Commonwealth of the 
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Northern Mariana Islands’’ after ‘‘Government 
of Guam’’; and 
(E) by adding at the end the following new 
paragraphs: 
‘‘(4) In the case of an alien applying for admis-
sion as a nonimmigrant visitor for business or pleas-
ure into the Commonwealth of the Northern Mar-
iana Islands the following shall apply: 
‘‘(A) The Secretary of Homeland Security 
may require that the alien, or a representative 
of such alien, post a bond that will be returned 
to such alien or representative upon the alien’s 
departure in accordance with this subsection. 
‘‘(B) The Secretary of Homeland Security 
shall monitor the admission of nonimmigrant 
visitors to the Commonwealth under this sub-
section. If the Secretary determines that such 
admissions have resulted in an unacceptable 
number of visitors from a country remaining 
unlawfully in the Commonwealth or that visi-
tors from a country pose a risk to law enforce-
ment or security of the Commonwealth or of the 
United States or an unacceptable number of 
visitors from a country seek refugee protection 
under the Commonwealth’s refugee protection 
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program, the Secretary shall suspend admission 
under this subsection for nationals of such 
country. 
‘‘(C) All necessary regulations to imple-
ment this subsection shall be promulgated by 
the Secretary of Homeland Security, in con-
sultation with the Secretary of the Interior and 
the Secretary of State, not later than 180 days 
after the date of the enactment of the Northern 
Mariana Islands Covenant Implementation Act. 
The promulgation of such regulations shall be 
considered a foreign affairs function for pur-
poses of section 553(a) of title 5, United States 
Code. 
‘‘(D) At a minimum, such regulations 
should include— 
‘‘(i) provisions for a Northern Mar-
iana Islands-Only Visa Waiver of 30 days 
duration; 
‘‘(ii) a listing of all countries author-
ized to participate in the Northern Mar-
iana Islands-Only Visa Waiver Program, 
including each country from which the 
Commonwealth has received tourists dur-
ing the 5 years prior to the date of enact-
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ment of the Northern Mariana Islands 
Covenant Implementation Act, unless the 
Secretary of Homeland Security deter-
mines that such country’s inclusion on 
such list would represent a threat to the 
welfare, safety, or security of the United 
States, its territories, or commonwealths; 
and 
‘‘(iii) any bonding requirements for 
visitors from some or all of the authorized 
countries who may present an increased 
risk of overstays or other potential prob-
lems. 
‘‘(E) Not later than 5 years after the date 
of enactment of the Northern Mariana Islands 
Covenant Implementation Act, the Secretary of 
Homeland Security, the Secretary of State, and 
the Secretary of the Interior, acting jointly, and 
in consultation with the Governor of the Com-
monwealth of the Northern Mariana Islands, 
shall establish, by regulation, a schedule for ap-
plying some or all the following requirements to 
the Northern Mariana Islands-Only Visa Waiv-
er Program: 
‘‘(i) Electronic travel authorizations. 
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‘‘(ii) Procedures for reporting lost and 
stolen passports. 
‘‘(iii) Repatriation. 
‘‘(iv) Rates of refusal for non-
immigrant visitor visas, overstays, exit sys-
tems, and information exchange. 
‘‘(v) Any other requirements that such 
Secretaries determine are relevant. 
‘‘(F) The Governor of the Commonwealth 
may request that the Secretary of Homeland 
Security add to the list of participating coun-
tries in this Northern Mariana Islands-Only 
Visa Waiver Program. The Secretary may grant 
such a request after consultation with the Sec-
retary of State and the Secretary of the Interior 
and may promulgate regulations with respect to 
inclusion of those countries and any special re-
quirements the Secretary of Homeland Secu-
rity, that the Secretary, in the Secretary’s sole 
discretion, may require prior to allowing non-
immigrant visitors from those countries to enter 
the Commonwealth. 
‘‘(G) The Governor of the Commonwealth 
of the Northern Mariana Islands may request 
that the Secretary of Homeland Security create 
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additional Northern Mariana Islands-only non-
immigrant visas to the extent that existing non-
immigrant visa categories in the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) do 
not provide for the type of visitor, the duration 
of allowable visit, or other circumstance. The 
Secretary of Homeland Security shall review 
such request, and, after consultation with the 
Secretary of State and the Secretary of the In-
terior, may promulgate regulations with respect 
to the creation of those additional special 
Northern Mariana Islands-only visa categories. 
Such additional special Northern Mariana Is-
lands-only visa categories may include, special 
visas for foreign students and foreign retirees.’’. 
(2) EFFECTIVE DATE.—The amendments to the 
Immigration and Nationality Act made by this sub-
section shall take effect on the first day of the first 
full month commencing 1 year after the date of en-
actment of this title. 
(c) INSPECTION OF PERSONS ARRIVING FROM THE 
COMMONWEALTH; NORTHERN MARIANA ISLANDS-ONLY 
VISAS NOT VALID FOR ENTRY INTO OTHER PARTS OF 
THE UNITED STATES.— 
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(1) REMOVAL.—Section 212(d)(7) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(d)(7)) is 
amended to read as follows: 
‘‘(7) The provisions of subsection (a) (other 
than paragraph (7) with respect to an alien who has 
not been admitted only to the Commonwealth of the 
Northern Mariana Islands) shall be applicable to any 
alien who leaves Guam, Puerto Rico, the Common-
wealth of the Northern Mariana Islands, or the Vir-
gin Islands of the United States, and who seeks to 
enter the continental United States or any other 
place under the jurisdiction of the United States. 
Any alien described in this paragraph who is denied 
admission to the United States shall be immediately 
removed in the manner provided by section 241(c) of 
this Act. Nothing in the immigration laws shall be 
construed to authorize or require any alien who has 
been admitted to the Commonwealth of the North-
ern Mariana Islands pursuant to a Northern Mar-
iana Islands-only visa or in any other status limited 
to the Commonwealth of the Northern Mariana Is-
lands to be admitted to or permitted to enter any 
other part of the United States unless such admis-
sion or entry is otherwise authorized by the immi-
gration laws.’’. 
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(2) ENTRY INTO OTHER UNITED STATES JURIS-
DICTIONS.—Persons admitted to the Commonwealth 
under a Northern Mariana Islands-only visa shall 
not be eligible for entry into the United States or 
any of its territories, possessions, or commonwealths 
without first obtaining an appropriate visa or visa 
waiver for entry to that jurisdiction. 
(d) SPECIAL PROVISION TO ENSURE ADEQUATE EM-
PLOYMENT; NORTHERN MARIANA ISLANDS-ONLY TRAN-
SITIONAL WORKERS.—An alien who is seeking to enter 
the Commonwealth as a nonimmigrant worker may be ad-
mitted to perform work during the transition period (as 
that term is used in section 6(a)(1) of the 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, 
approved March 24, 1976, as added by subsection (a) of 
this section, 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, if eligible therefor, 
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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 nonimmigrant worker who would 
not otherwise be eligible for admission under the Im-
migration and Nationality Act (8 U.S.C. 1101 et 
seq.). 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, 2017, unless extended pursuant 
to this subsection, and shall take into account the 
number of petitions granted under subsection (h) of 
section 6 of the 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, approved March 24, 1976 (Public Law 94– 
241), as added by subsection (a) of this section. In 
no event shall a permit be valid beyond the expira-
tion of the transition period. This system may be 
based on any reasonable method and criteria deter-
mined by the Secretary of Homeland Security to 
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promote the maximum use of, and to prevent ad-
verse effects on wages and working conditions of, 
United States citizen workers, including lawfully ad-
missible freely associated state citizen labor, and 
those granted resident status under such section 
6(h). 
(3) Notwithstanding section 703(b) of the Cov-
enant to Establish a Commomwealth of the North-
ern Mariana Islands in Political Union With the 
United States of America, the Secretary of Home-
land Security is authorized to establish and collect 
appropriate user fees from the employer of such an 
alien. Amounts collected pursuant to this section 
shall be deposited in a special fund of the Treasury. 
Such amounts shall be available, and may be appor-
tioned without further appropriation for the pur-
poses of administering this title, and shall remain 
available until expended. 
(4) 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 
visas for such an alien to engage in employment only 
as authorized in this subsection. Such a visa shall 
not be valid for admission to the United States, as 
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defined in section 101(a)(38) of the Immigration 
and Nationality 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 
authorized pursuant to the transition program. No 
alien shall be granted nonimmigrant classification or 
a visa under this subsection unless the permit re-
quirements established under paragraph (2) have 
been met. 
(5)(A) Such an alien shall be permitted to 
transfer between employers in the Commonwealth 
during the period of such alien’s authorized stay 
therein, without advance permission of the employ-
ee’s current or prior employer, within the alien’s oc-
cupational category to the same or another occupa-
tional category the Secretary of Homeland Security 
has found, pursuant to subparagraph (B) below, re-
quires alien workers to supplement the resident 
workforce. 
(B) No later than 180 days prior to the expira-
tion of the transition period, or any extension there-
of, the Secretary of Labor, in consultation with the 
Secretary of Homeland Security, the Secretary of 
the Interior, and the Governor of the Common-
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wealth, shall ascertain the current and anticipated 
labor needs of the Commonwealth and determine 
whether extensions, in 5-year increments, of the pro-
visions of this paragraph are necessary to ensure an 
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 or any activity that is illegal 
under Federal or local law. The determinations of 
whether a business is legitimate and to what extent, 
if any, it may require alien workers to supplement 
the resident workforce, shall be made by the Sec-
retary of Homeland Security, in the Secretary’s sole 
discretion, and shall not be reviewable. 
(C) 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 1 or more extension periods of up to 5 
years for each such extension period. 
(D) In making the determination of whether 
alien workers are necessary to ensure an adequate 
number of workers for legitimate businesses in the 
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Commonwealth, and if so, the number of such work-
ers that are necessary, the Secretary of Labor may 
consider, among other relevant factors— 
(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 non-United 
States citizen permanent residents in the Com-
monwealth; 
(iv) the number of unemployed alien work-
ers in the Commonwealth; 
(v) any good faith efforts to locate, edu-
cate, train, or otherwise prepare United States 
citizen residents, non-United States citizen per-
manent residents, and unemployed alien work-
ers already within the Commonwealth, to as-
sume those jobs; 
(vi) any available evidence tending to show 
that United States citizen residents, non-United 
States citizen permanent residents, and unem-
ployed alien workers already in the Common-
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wealth 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 
within those industries and other industries au-
thorized to employ alien workers; and 
(viii) the prior use, if any, of alien workers 
to fill those industry jobs, and whether the in-
dustry is overly and unnecessarily reliant on 
alien workers. 
(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) TECHNICAL ASSISTANCE PROGRAM.— 
(1) IN GENERAL.—The Secretary of the Inte-
rior, in consultation with the Governor of the Com-
monwealth, the Secretary of Labor, and the Sec-
retary of Commerce, and as provided in the Inter-
agency Agreements required to be negotiated under 
subsection (a)(4) of section 6 of the Joint Resolution 
to Approve the ‘‘Covenant to Establish a Common-
wealth of the Northern Mariana Islands in Political 
Union With the United States of America’’, and for 
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other purposes, approved March 24, 1976 (Public 
Law 94–241), as added by subsection (a) of this sec-
tion, shall provide— 
(A) technical assistance and other support 
to the Commonwealth to identify opportunities 
for, and encourage diversification and growth 
of, the economy of the Commonwealth; and 
(B) technical assistance, including assist-
ance in recruiting, training, and hiring of work-
ers, to assist employers in the Commonwealth 
in securing employees first from among United 
States citizens and nationals resident in the 
Commonwealth and if an adequate number of 
such workers are not available, from among 
legal permanent residents, including lawfully 
admissible citizens of the freely associated 
states. 
(2) CONSULTATION.—In providing such tech-
nical assistance under paragraph (1), the Secretaries 
shall— 
(A) consult with the Government of the 
Commonwealth, 
local 
businesses, 
regional 
banks, educational institutions, and other ex-
perts in the economy of the Commonwealth; 
and 
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(B) assist in the development and imple-
mentation of a process to identify opportunities 
for and encourage diversification and growth of 
the economy of the Commonwealth and to iden-
tify and encourage opportunities to meet the 
labor needs of the Commonwealth. 
(3) COST-SHARING.—For the provision of tech-
nical assistance or support under this paragraph 
(other than that required to pay the salaries and ex-
penses of Federal personnel), the Secretary of the 
Interior shall require a non-Federal matching con-
tribution of 10 percent. 
(f) OPERATIONS.— 
(1) ESTABLISHMENT.—The Attorney General, 
Secretary of Homeland Security, and the Secretary 
of Labor may establish and maintain United States 
Citizenship and Immigration Services, Executive Of-
fice for Immigration Review, and Department of 
Labor operations in the Commonwealth for the pur-
pose of carrying out duties under— 
(A) the Immigration and Nationality Act 
(8 U.S.C. 1101 et seq.); and 
(B) the transition program established 
under section 6 of the Joint Resolution to Ap-
prove the ‘‘Covenant to Establish a Common-
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wealth of the Northern Mariana Islands in Po-
litical Union With the United States of Amer-
ica’’, and for other purposes, approved March 
24, 1976 (Public Law 94–241), as added by 
subsection (a) of this section. 
(2) PERSONNEL.—To the maximum extent 
practicable and consistent with the satisfactory per-
formance of assigned duties under applicable law, 
the Attorney General, Secretary of Homeland Secu-
rity, and the Secretary of Labor shall recruit and 
hire personnel from among qualified United States 
citizen and national applicants residing in the Com-
monwealth to serve as staff in carrying out oper-
ations described in paragraph (1). 
(g) REPORTS TO CONGRESS.— 
(1) IN GENERAL.—By March 1, of the first 
year which is at least 2 full years after the date of 
enactment of this title, and annually thereafter, the 
President shall submit to the Committee on Energy 
and Natural Resources and the Committee on the 
Judiciary of the Senate and the Committee on Nat-
ural Resources and the Committee on the Judiciary 
of the House of Representatives a report that evalu-
ates the overall effect of the transition program es-
tablished under section 6 of the Joint Resolution to 
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Approve the ‘‘Covenant to Establish a Common-
wealth of the Northern Mariana Islands in Political 
Union With the United States of America’’, and for 
other purposes, approved March 24, 1976 (Public 
Law 94–241) as added by subsection (a) of this sec-
tion, and the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) on the Commonwealth. 
(2) CONTENTS.—In addition to other topics 
otherwise required to be included under this title or 
the amendments made by this title, each report sub-
mitted under paragraph (1) shall include a descrip-
tion of the efforts that have been undertaken during 
the period covered by the report to diversify and 
strengthen the local economy of the Commonwealth, 
including efforts to promote the Commonwealth as a 
tourist destination. 
(3) GAO REPORTS.—The Government Account-
ability Office shall submit a report to Congress not 
later than 1 year, 3 years, and 5 years after the date 
of enactment of this title, to include, at a minimum, 
the following items: 
(A) An assessment of the implementation 
of this title and the amendments made by this 
title, including an assessment of the perform-
ance of Federal agencies and the Government 
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of the Commonwealth in meeting congressional 
intent. 
(B) An assessment of the short-term and 
long-term impacts of implementation of this 
title and the amendments made by this title on 
the economy of the Commonwealth, including 
its ability to obtain workers to supplement its 
resident workforce and to maintain access to its 
tourists and customers, and any affect on com-
pliance with United States treaty obligations 
mandating non-refoulement for refugees. 
(C) An assessment of the economic benefit 
of the investors ‘‘grandfathered’’ under sub-
section (e) of section 6 of the Joint Resolution 
to Approve the ‘‘Covenant to Establish a Com-
monwealth of the Northern Mariana Islands in 
Political Union With the United States of 
America’’, and for other purposes, approved 
March 24, 1976 (Public Law 94–241), as 
added by subsection (a) of this section, and the 
Commonwealth’s ability to attract new investors 
after the date of the enactment of this title. 
(D) An assessment of the number of illegal 
aliens in the Commonwealth, including any 
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