Northern Mariana Islands Legal Residents Relief Act of 2021
Bill: H.R.560 | Sponsor: Del. Sablan, Gregorio Kilili Camacho (D-MP)
Policy area: Immigration

Summary:
Northern Mariana Islands Legal Residents Relief Act of 2021
This bill expands eligibility for obtaining Commonwealth of the Northern Mariana Islands (CNMI) Resident status, provides a path for holders of such status to obtain U.S. permanent resident status, and makes CNMI-only transitional workers eligible to receive government relief or assistance in connection with a declared emergency.
CNMI Resident status was available to qualifying individuals who applied for such status between February 19, 2020, and August 17, 2020. Among other requirements, a qualifying individual must have (1) been lawfully present in the CNMI on certain dates, and (2) continually and lawfully resided in the CNMI from November 28, 2009, through June 25, 2019.
The bill reopens the period for applying for such status for 180 days and authorizes the Department of Homeland Security to waive this deadline in certain instances.
The bill allows additional classes of individuals to qualify for CNMI Resident status, including an individual who (1) was admitted as a transitional worker during FY2015 and each subsequent fiscal year through FY2018, (2) is a qualified investor, or (3) resided in the CNMI as a guest worker for certain periods and is currently a transitional worker. The bill also waives the continual residence requirement for certain individuals and allows an individual lawfully present on December 31, 2020, to qualify.
A qualifying alien with CNMI Resident status may obtain U.S. permanent resident status after holding CNMI Resident status for five years or after this bill has been enacted for five years, whichever is later.

To amend 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''.

    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 Legal 
Residents Relief Act of 2021''.

SEC. 2. LONG-TERM LEGAL RESIDENTS OF THE COMMONWEALTH OF THE NORTHERN 
              MARIANA ISLANDS.

    (a) In General.--Section 6(e)(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'', approved March 
24, 1976 (48 U.S.C. 1806; Public Law 94-241), is amended--
            (1) in subparagraph (A)--
                    (A) in clause (ii)--
                            (i) in subclause (I), by inserting ``(aa)'' 
                        before ``shall establish a process'';
                            (ii) by striking ``; and'' and inserting 
                        ``or during the 180-day period beginning on the 
                        date that is 90 days after the date of the 
                        enactment of the Northern Mariana Islands Legal 
                        Residents Relief Act of 2021;'';
                            (iii) by adding the following:
                                    ``(bb) Waiver of application 
                                deadline.--The Secretary of Homeland 
                                Security may accept an application for 
                                CNMI Resident Status submitted after 
                                the application deadline if--
                                            ``(AA) the applicant is 
                                        eligible for CNMI Resident 
                                        Status; and
                                            ``(BB) the applicant timely 
                                        filed an application for CNMI 
                                        Resident Status and made a good 
                                        faith effort to comply with the 
                                        application requirements as 
                                        determined by the Secretary.'';
                            (iv) in subclause (II), by striking the 
                        period and inserting ``; and''; and
                            (v) by adding at the end the following:
                                    ``(III) in the case of an alien who 
                                has nonimmigrant status on the date on 
                                which the alien applies for CNMI 
                                Resident Status, the Secretary of 
                                Homeland Security shall extend such 
                                nonimmigrant status and work 
                                authorization, if applicable, through 
                                the end of the 180-day period described 
                                in subclause (I)(aa) or the date of 
                                adjudication of the alien's application 
                                for CNMI Resident Status, whichever is 
                                later.''; and
                    (B) in clause (iii), by inserting after the period 
                at the end the following: ``An alien granted status 
                under this paragraph shall be deemed a qualified alien 
                under section 431 of the Personal Responsibility and 
                Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
                1641) for purposes of receiving relief or assistance 
                available in connection with--
                                    ``(I) a presidentially declared 
                                major disaster or emergency under 
                                section 401 or 501 of the Robert T. 
                                Stafford Disaster Relief and Emergency 
                                Assistance Act (42 U.S.C. 5170 or 
                                5191); or
                                    ``(II) a presidentially declared 
                                national emergency under section 201 of 
                                the National Emergencies Act (50 U.S.C. 
                                1601 et seq.).'';
            (2) in subparagraph (B)--
                    (A) in clause (i), by striking ``on June 25, 2019, 
                or on December 31, 2018,'' and inserting ``on December 
                31, 2020, June 25, 2019, or December 31, 2018,'';
                    (B) in clause (iii), by inserting ``except in the 
                case of an alien who meets the requirements of 
                subclause (III) or (VI) of clause (v),'' before 
                ``resided continuously and lawfully''; and
                    (C) in clause (v)--
                            (i) in subclause (III), by striking 
                        ``subclause (I) or (II)'' and inserting 
                        ``subclause (I), (II), (IV), (V), (VI), (VII), 
                        or (VIII)'';
                            (ii) in subclause (IV), by striking ``; 
                        or'' and inserting a semicolon;
                            (iii) in subclause (V), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (iv) by adding at the end the following:
                                    ``(VI) 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 (Public Law 115-218);
                                    ``(VII) resided in the Northern 
                                Mariana Islands as an investor under 
                                Commonwealth immigration law, and is 
                                presently a resident classified as a 
                                CNMI-only nonimmigrant under section 
                                101(a)(15)(E)(ii) of the Immigration 
                                and Nationality Act (8 U.S.C. 
                                1101(a)(15)(E)(ii)); or
                                    ``(VIII) resided in the Northern 
                                Mariana Islands as a guestworker under 
                                Commonwealth immigration law for at 
                                least 5 years prior to May 8, 2008, and 
                                is presently a resident classified as a 
                                Commonwealth Only Transitional 
                                Worker.'';
            (3) in subparagraph (C)(ii), by striking ``180-period'' and 
        inserting ``180-day period''; and
            (4) by adding at the end the following:
                    ``(F) Adjustment of status for cnmi residents.--An 
                alien with CNMI Resident Status may adjust his or her 
                status to that of an alien lawfully admitted for 
                permanent residence 5 years after the date of enactment 
                of the Northern Mariana Islands Legal Residents Relief 
                Act of 2021 or 5 years after the date on which CNMI 
                Resident Status is granted, whichever is later.''.
    (b) Technical Amendments.--Section 6(b)(1) of Public Law 94-241 (48 
U.S.C. 1806(b)(1)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``(8 USC 1101(a)(15)(H))'' and 
                inserting ``(8 U.S.C. 1101(a)(15)(H))''; and
                    (B) by striking ``(8 USC 1184(g))'' and inserting 
                ``(8 U.S.C. 1184(g))''; and
            (2) in subparagraph (B)(i), by striking ``contact'' and 
        inserting ``contract''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of enactment of this Act.

SEC. 3. TEMPORARY LABOR CERTIFICATION.

    (a) In General.--Section 6(d)(2) of Public Law 94-241 (48 U.S.C. 
1806(d)(2)) is amended in subparagraph (B), by striking ``an annual'' 
and inserting ``a biennial''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of enactment of this Act.

SEC. 4. ADDITIONAL TIME FOR RECEIPT OF VISA.

    Section 6(d)(3)(D)(iii) of Public Law 94-241 (48 U.S.C. 
1806(d)(3)(D)(iii)) is amended in subclause (I)(bb) by striking ``10 
days'' and inserting ``90 days''.

SEC. 5. AMENDMENTS TO THE REQUIREMENT TO REMAIN OUTSIDE THE UNITED 
              STATES.

    (a) In General.--Section 6(d)(7) of Public Law 94-241 (48 U.S.C. 
1806(d)(7)) is amended--
            (1) in subparagraph (A)--
                    (A) in the matter preceding clause (i), by 
                inserting ``and (C)'' after ``subparagraph (B)''; and
                    (B) in clause (ii)--
                            (i) by inserting ``at any time after the 
                        expiration of the first renewal period'' after 
                        ``30 days''; and
                            (ii) by inserting ``third'' after 
                        ``submission of a''; and
            (2) by adding at the end the following:
                    ``(C) Deferral.--In general.--The Secretary of 
                Homeland Security may defer the requirement to remain 
                outside of the United States during or in connection 
                to--
                            ``(i) a presidentially declared major 
                        disaster or emergency under section 401 or 501 
                        of the Robert T. Stafford Disaster Relief and 
                        Emergency Assistance Act (42 U.S.C. 5170 or 
                        5191); or
                            ``(ii) a presidentially declared national 
                        emergency under section 201 of the National 
                        Emergencies Act (50 U.S.C. 1601 et seq.).''.
    (b) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of Public Law 115-218.

SEC. 6. QUALIFIED ALIEN.

    (a) In General.--Section 6(d) of Public Law 94-241 (48 U.S.C. 
1806(d)) is further amended by adding at the end the following:
            ``(8) Qualified alien.--An alien granted status under this 
        subsection shall be deemed a qualified alien under section 431 
        of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996 (8 U.S.C. 1641) for purposes of 
        receiving relief or assistance available in connection with--
                    ``(A) a presidentially declared major disaster or 
                emergency under section 401 or 501 of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5170 or 5191); or
                    ``(B) a presidentially declared national emergency 
                under section 201 of the National Emergencies Act (50 
                U.S.C. 1601 et seq.).''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of enactment of this Act.
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