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Saipan exposed...it's the WORLD'S BEST PLACE TO BE A LITTLE BOY


Saipan AP- Saipan, in the Northern Marianas Islands exposed...


its the World’s best place to be a little boy.

Saipan is the capital of the US Commonwealth of the Northern Marianas Islands and is absolutely the best place on earth to be a little boy. 

Saturday, I grabbed the camera to document a day in the life of one little boy on Saipan, and we headed out early to celebrate Dane Hodges 4th birthday.(Dane Hodges comes up for air, Saipan, CNMI)




Many Americans have never heard of the Northern Marianas Islands, where America starts her day.  Some US citizens are unaware of the Battle of Saipan as the key to WWII in the Pacific, and oblivious to the US Marine efforts to unseat the legendary Japanese defenders.(Dane Hodges spots Saipan, CNMI)








Saipan has a history of acclaim for breathtaking beauty and as a photographers dream. Yahoo Japan's poll picked Monagaha Island the second best beach in the world. After sharing that news with Saipan kids, one asked “what is number 1, Sugar Dock, Pau Pau, Micro, Wing, Marine, Lau Lau, or Obyan”, or other Saipan beaches. The same Yahoo Japan poll rated Saipan’s Grotto the second best dive site on earth, behind the Blue Corner in the Rock Islands of Palau.

The same way as our dive sites and beaches lay waste to contenders far and wide, so to do we challenge every country, city, village, island, and town on earth as the paradise island for children and the best place for a child to live.




(Dane Hodges rides the bike trail at American Memorial Park with Monagaha Island in the background)


We face many challenges, but little boys don’t worry about our GDP, expensive air travel, high costs of power, water, shipping, or being the lowest average income on US soil. Kids like to play and have outdoor fun, and if that’s the selection criteria, nature dealt us a straight flush. Parents rate safety factors when figuring the best place for their child to live, and again, the CNMI’s lack of traffic, low speed limits, clean air, and protective reef with spectacular turquoise lagoon have convinced affluent parents that could live anywhere, to remain here when economics might dictate moving.  The CNMI has the lowest murder rate and fewest traffic deaths of all US states, territories, including the one thousand largest cities or towns in America.
All roads lead to AMP, Saipan

NMI parents must be America’s most widely travelled, with virtually everyone having travelled throughout Asia, SE Asia including Indonesia, Australia, and throughout thousands of Pacific islands. Saipan’s adults discuss Labuan Bajo, Luang Prabang, Penang, Pokhara, Yap, Truk, and a myriad of other lands that 99% of Americans couldn't’t find on a globe, and choose to live here with our kids. Make no mistake, as much fun as Bali, Thailand, and the 7k Philippines islands may be for adults, the traffic, pollution, crime, and instability of those places are not conducive to raising your child in a safe environment. (Below Dane Hodges and Richie Steele frolic at Palms Resort, Saipan, CNMI)


The small mainland American population in Saipan originated from every US state. Saipan parents are critical of America due to traffic and fast driving resulting in deaths, time spent on the road, harsh winters, polluted cities and air pollution in general, lack of cultural diversity in the SE and Midwest, censured news, racism, a culture of bland unhealthy fast food, violent crime, increase in the availability of dangerous drugs, and being landlocked by a cold, dark, dead ocean as common reasons they would never move their children back to mainland USA. Most who moved back returned asking themselves “what was I thinking”.  Perhaps Henry David Thoreau summarized the pace of life in America best with his ant colony analogy in On Golden Pond. 




Australia seems like a decent place for children if you haven’t been there. Aussies reside overwhelmingly in seven cities, so unless you want your child in an urban environment, don’t take them to such an inhospitable land. They do have unlimited beaches though, if you trust your child swimming in cold water with no protective reef and too many deadly creatures to name, but Saipan parents would all pass.(Left- A scattered shower doesn't stop AMP fun, Dane Hodges on top of the world, Saipan)

Africa and Central/South America are laughable options as well, because between their wars, disease, violent crime, include shocking murder rates, filthy quality of life, most parents here would only allow short well planned vacations to such troubled locales



Europe has a high quality of life in many places, but their brutal north would only be considered for summer vacations. Japan has a wonderful society and sea food equal to the NMI, but their horrific weather rivals the Midwestern United States with bitter cold, snow, ice, rain, mixed with windless humidity in the summer, and figures best for an occasional ski trip. Russia and Canada are endless, but again, only an option for a summer vacation.(Below - Dane Hodges needs a coconut for bait to catch Coconut Crabs, Saipan)





Several Caribbean islands are nice if you stay in protected areas of five star resorts, safe from the crime caused by poverty among the indigenous populace. Other Pacific islands may figure to challenge the Island of Saipan for the title of “the world’s best place to be a kid”, but this author is only aware of one close contender to Saipan. Residents of the capital of the CNMI may also be among the most qualified to make that determination, because while our residents are experienced travellers, percentage wise, few have visited here.


Some who have never travelled dream of moving to Fiji in the South Pacific, which would make Saipan residents laugh out loud. (L- Dane Hodges in foreground as the Japanese defenders surrender Saipan, CNMI WWII museum, AMP

Hawaii would beat us in an Internet poll due to their population, and that is also why they have a traffic standstill. The large and remote big island of Hawaii has attractions, even to spoiled residents of Saipan, but they have long fast drives on single lane roads and the ocean is not safe for a child to swim, even under close supervision. Saipan has children that can swim safely from Monagaha Island(shown above) across our glorious lagoon, but even triathletes are apprehensive about heading out from any Hawaiian island for a long swim due to the current and cold, much less let a child attempt it.

Guam was probably great when the Cormoran visited early in WWI, before millions of brown tree snakes eradicated the birds, and before thousands of sailors created the traffic nightmare that is Guam.  Guam's traffic figures to intensify from the military build-up anticipated to add 50% to the population by 2014





The one contender for Saipan's title, is also found in the Northern Marianas Islands. The southernmost Northern Marianas isle is the Island of Rota, and arriving there is like stepping out of a time machine 50 years back in the past. There is no night life and few lights in ancient Songsong Village after dark. There are no traffic lights and the lone paved road runs nine miles to Songsong along the western beaches and is often absent of motor vehicles. Long known as the 'friendly island" because motorists wave at every person or car they pass. The scenery, beaches, and views are comparable to Saipan. Parents would balk as a little boy haven due to lack of educational opportunities and absence of a quality medical facility, two traits that wouldn't faze little boys though. Kids there prefer Saipan because of Happy Meals that are not available in the remote Island of Rota. While the ocean is offers tremendous diving for adults, Rota lacks the enormous lagoon of Saipan and the water sports available to Saipan's children. The swimming hole of Rota is tempting though, but nine of ten young boys choose the northern capital of Saipan.
(Below - Dane Hodges goes for an ocean swim, Saipan)






The capital of the Northern Marianas Islands, the Island of Saipan, is an enchanting tranquil tropical paradise island of unimaginable beauty; highlighted by turquoise crystal water, fire red sunsets, panoramic views, and unparalleled weather. Saipan's 10k+ voters have hosted 3/4 million tourists in a single year, entirely from East Asian, making Saipan a playground of seaside golf, scuba diving, sport fishing, snorkeling, para sailing, wind surfing, kayaking, biking, beach volleyball, or barbecuing on the remote pristine beaches. The laid back nature of the inhabitants is as legendary as the tropical breezes.(Below - Dane Hodges' Trick or treat islands style, Palms Resort, Saipan, CNMI)



Time is the most enchanting element of living in paradise. Transient tourists roll in and out with the tide, each on a sightseeing timetable. Their eyes follow the hour glass, each hoping to escape the frivolous details of home and knowing they are being counted out of time. Residents here seldom wear watches unless they scuba dive, dinner starts just after sundown, and residents often ask “what month is it.



Saipan is not perfect and the young US commonwealth has a shady political past.  The NMI has had a terrible economic run the past five years, some of our own design, and some from outside economic forces beyond our control including globalization.  The once flourishing NMI garment industry that once poured millions into the local economy closed their last factory in June of 2009, ending the legacy of labor abuse that had tainted the reputation of the decent people of the Northern Marianas.  The NMI government was instrumental in the Jack Abramoff bribery affair of Tom Delay, the Speaker of the US House of Representatives to block federalization of CNMI labor and immigration.  Nearly 20 have plead guilty or are cooperating with that investigation and labor reforms take effect November 28, 2009, ending the story of shame that disgraced the CNMI for a generation.  The CNMI has been plagued with poor governance and poor judgement.  Fascinating as that tale has become, I have never heard of a little boy that worried about it!

The CNMI has had some bright spots recently as well.  Federalization here gave the NMI a delegate to the US House of Representatives, Kilili Sablan, and the Marianas Trench Marine Monument must be one of the seven wonders of the natural world.  Citizens of the world's fastest growing markets, China and Russia, have been granted visa waivers to the CNMI, the only US soil with that distinction, and that will open opportunity from investors and tourists from these heavily populated markets.  Again, none of that is important to island kids! 



Richie Steele (L), leads Dane Hodges (R), in a mad dash from the pool to the ocean, modeling formal island birthday attire (defined in Saipan as sandals with shirt as opposed to informal being optional for both) for occasion.





Little boys on Saipan have 10 major resorts to pool hop and enjoy.  Saipan kids are uninterested that CNMI citizens are the only Americans NOT required to pay US federal income tax. 







Little girls have fun in the Northern Marianas too, and Jinhee and Jinju Thompson have Dane Hodges cornered, Saipan, CNMI










For 150 pictures of both islands, visit our main web page at  Pictures of Saipan and Rota




"Common Dad, this is heavy" Dane Hodges, Saipan


"Please take this boy with you and give me a little rest" Mom




Splashing with Daddy, Saipan



Another Saipan Sunset

Chamberonomics 133...comments to DHS on CNMI transitional guest workers

Chamberonomics 133…comments to DHS


The proposed transitional guest worker regulations accompanying the November 28, 2009 federal takeover of NMI labor and immigration from DHS are complete, flexible, and have address complicated issues with thorough understanding.

The NMI was warned for a generation that artificially depressing wages and building a servant class would have disastrous economic effects, but instead of training young citizens to work in the private sector, we watched organized crime build so much influence in our economy that we began funding Jack Abramoff to block federalization, thereby keeping an indentured servant class instead of employing our own children. The CNMI labor and immigration has always been so corrupt and dysfunctional that rampant immigration fraud is the norm instead of the exception. The Governor’s blanket protection aims to continue the status quo for two more years by keeping the CNMI labor office open.

These regulations address all of our concerns including; security, dependence on foreign labor, guarantees to increase the standard of living and quality of life for low income local citizens, reducing the criminal element residing here, reducing ice and other contraband shipped through the CNMI, opening opportunity for local young people by forcing the private sector to hire US citizens which will be primarily Chamorro and Carolinian, forcing out cheap investors that haven’t paid a US investor visa, and guaranteeing that the control of the CNMI will be returned to local citizens.

Governor Fitial’s blanket aims to include illegal foreign nationals owning businesses, illegal’s, overstayers, scammers, the entire group of illegal recruiters that profiteered off overrunning the CNMI with alien labor, and a myriad of other foreign nationals including immediate relatives of non-US citizens. This undermines the intent of the federalization legislation. Their intent is to keep low wages here, an insult to young local citizens. Selling blanket immigration status should be stopped. The CNMI only needs investors who have paid the minimum US requirements for visa eligibility and DHS should stop them from operating here under blanket protection.

I would like to thank members of the US Department of Homeland Security for another well thought out set of regulations.

Ron Hodges

Saipan

Happy days in the CNMI

An anonymous Saipan lawyer comments that the new DHS transitional worker regulations are "not friendly" according to the Marianas Variety column below.  I disagree and think they address the intent of the law.  The regulations will reduce the number of alien workers over time, offering more opportunity to local youth, are flexible, will reduce fraud from the broken CNMI system, will secure our borders, reduce drugs and contraband flowing through the CNMI, and stabilize the CNMI, which will increase investor confidence over time.

Wednesday, 28 October 2009 00:00 By Gemma Q. Casas & Junhan B. Todeno - For Variety .

THE U.S. Department of Homeland Security’s Citizenship and Immigration Services yesterday announced its “interim final regulations” for guest workers, which a local lawyer described as “not friendly.”

“Imagine people looking back with nostalgia on the ‘good old days’ under the commonwealth system!” said the lawyer who declined to be identified.


Under the regulations, foreign workers seeking to exit and reenter the CNMI to resume their employment must secure a CW status from the U.S. Citizenship and Immigration Services and a CW1 visa from U.S. embassies or consulates in their home countries under the transitional worker program for the CNMI that will take effect on Nov. 28 when U.S. immigration law is extended to the islands.

David Gulick, district director of the USCIS, said the new CW-1 non immigrant visa classification does not entitle any foreign worker to travel anywhere in the United States as it is strictly and exclusively for the CNMI.

Under the regulations, employers must submit CW-1 applications for their foreign workers to the USCIS California Service Center.

The application fee is $320 and there is a separate fee of $150 which will go to the CNMI government’s education funds.(Right-Blue sunset NMI)

Biometrics must be performed at the USCIS Saipan office for a fee of $80, which can be waived if applicants can show an inability to pay.

Gulick said the CW application is typically processed within a 60-day period.

Janna Evans, regional lead for community relations of USCIS Western Region, said they are ready to answer more questions this Friday at American Memorial Park’s from 5 p.m. to 7 p.m.

Gulick said the numerical limit for the CW-1 non immigrant status will be 22,417 but this will be gradually reduced to zero by the end of the transition period or Dec. 31, 2014.
(Below - Sunset on Saipan)


“The CW-1 status is valid only for a year. Non-immigrants in good standing may obtain a one-year extension subject to the availability under the numerical cap,” the USCIS said in a media release.

U.S. Congressman Gregorio C. Sablan made the following preliminary comment regarding the proposed rules:

“Public Law 110-229 [the federalization law] requires that the transitional worker program be designed to promote the maximum use of U.S. workers. The law is also supposed to prevent wages and working conditions for our local residents from getting worse because of competition from alien workers.

“It is widely recognized that at the present time we do not have enough local residents to fill all the jobs in our economy. So we still need alien workers.

“But thinking ahead, 5-10 years, we are going to want to see fewer alien workers and many more CNMI citizens, U.S. permanent residents, and people from the Freely Associated States filling the jobs in our economy.

“So I will be examining the rule that was issued today very carefully to make sure that in the long run the result will be more jobs and better paying jobs for local people. That is my goal.”

Leaders of guest worker groups yesterday said they will “thoroughly” review the 63-page regulations.

Rene Reyes, Coalition of United Workers president, said they have to translate some portions of the regulations.

Itos Feliciano, Human Dignity Movement president, said they and the other groups will jointly comment on the regulations.

All written comments must be submitted on or before 30 days from the regulations’ date of publication in the Federal Registrar.

Boni Sagana, Dekada Movement president, said the two-year umbrella permit issued by the CNMI Department of Labor will help guest workers maintain a legal status during the transition period.

He said their group’s legal counsel, Steve Woodruff, is assisting them in assessing the federal regulations.

Raby Syed, United Workers Movement, NMI president, said they want to hear the opinions, views and comments of as many guest workers as possible.

He is encouraging all guest workers to attend the forum at American Memorial Park on Friday to learn about the federal transitional worker program.
End

I think the comments and written recommendations of David Cohen, Tina Sablan, Wendy Doromal, and Steve Woodruff are evident throughout the document and means DHS certainly listened to our intelligent citizens in preparing this comprehensive set of regulations.  It is equally evident that DHS dismissed the interests of Governor Fitial and his status-quo group clinging for hopes to continue the age old system of two tiered servitude in the Northern Marianas Islands.

Ron Hodges
Saipan
Northern Marianas Islands

The DHS guest worker regulations are out 30 days before federalization

BREAKING CNMI NEWS- The long awaited regulations for guest workers is out 30 days before the US takes over labor and immigration of the Commonwealth of the Northern Marianas Islands.

The brief overview says maids are out, exotic dancers will be looking for work elsewhere, our number of contract workers will drop sharply and to zero.  The cNMI has a choice to make, either support improving the status to green card for workers that are still here or kiss them all good bye.


Below is a question and answer summary of the DHS regulations.

Questions and Answers on Transitional Worker Program for the Commonwealth of the Northern Mariana Islands (CNMI)




Q. Who qualifies for the CNMI-only Transitional Worker status in CNMI?

A. USCIS has established a transitional worker program for foreign nationals to live and work in CNMI. Foreign nationals who are eligible for an INA-based nonimmigrant status would not be eligible. Short term visitors for business or pleasure are not eligible to obtain CW classification because such individuals are not part of the foreign work force that is the subject of this interim rule.



Q. What is the legal basis for the CNMI-only Transition Worker program?

A. Section 6(d) of Pub. L. 94-241, as amended by CNRA, directed the Secretary of Homeland Security to establish a transition program to assist CNMI employers to obtain necessary workers who are not otherwise eligible under U.S. immigration laws during the transition period.



Q. What is the purpose of the CNMI-Only Transitional Worker Program?

A. The CNMI-only Transitional Worker Program will allow foreign nationals who are not eligible for another INA-based employment authorized nonimmigrant status to perform work in CNMI during the transition period. Thus, the purpose of the CNMI-Only Transitional Worker visa is to offer a lawful U.S. immigration status to those foreign nationals who are not currently eligible for any other kind of immigrant or nonimmigrant visa. During the transition period, it is expected that these transitional workers will find a suitable, long-term alternative to their CNMI-Only Transitional Worker status by obtaining status under an INA-based visa category, or departing CNMI.



Q. What happens to foreign workers in CNMI on November 28, 2009?

A. When Federal immigration law takes effect in CNMI on November 28, 2009, foreign workers who have a valid CNMI employment authorization may remain, live and work in CNMI for up to two years, or for the duration of their CNMI-based status, whichever occurs first. Before the expiration of that limited time period, they must obtain either CNMI-Only Transitional Worker status, or some other lawful U.S. immigration status to lawfully work and reside in CNMI and to travel between CNMI and another U.S. or foreign destination. If they leave CNMI for any reason, they must have a valid U.S. immigration visa to re-enter. Foreign workers who do NOT have a CNMI work contract could risk becoming “unlawful” if another U.S. immigration status is not obtained.



Q. What is the admission code for this visa classification be?

A. This new nonimmigrant visa classification will use the admission code CW-1 for the principal transitional worker and CW-2 for dependents.



Q. What does this mean for foreign residents who have been living and working in CNMI?

A. For those foreign workers who are not eligible for another kind of U.S. immigration status, the transitional worker visa is a critically important alternative. It could potentially give thousands of foreign workers a temporary status while they determine an appropriate long-term immigration status for themselves and their families.



Q. What are the timeframes of the transition period?

A. Although U.S. immigration laws apply fully to CNMI, there will be a transition period during which temporary measures will be carried out to allow for an orderly transition from CNMI’s permit system to Federal immigration law and give foreign non-resident workers time to identify an appropriate long-term INA-based visa classification. The transition period begins on November 28, 2009 and will end on December 31, 2014. The Secretary of Labor, in consultation with appropriate federal agencies and the Governor of CNMI, may extend the CNMI-Only Transitional Worker program for additional periods of up to five years. No decision on any extension has been made at this time.



Q. What are the requirements for the new CNMI Transitional Worker visa or status?

A. Under the CNMI-Only Transitional Worker program, there are requirements for both employers and workers.



Requirements for Employers—Employers must be engaged in legitimate business and may not engage directly or indirectly in prostitution, trafficking in minors, or any other activity that is illegal under Federal or CNMI law. The employer also bears the responsibility of filing the necessary petition and paying the requisite fees to employ transitional workers.



Requirements for Workers — Under the interim final rule, foreign workers may be classified as CW-1 nonimmigrants if, during the transition period, they:

1. will enter or stay in CNMI to work in an occupational category that needs alien workers to supplement the resident workforce;

2. are petitioned for by an employer;

3. live in CNMI;

4. are lawfully present in CNMI; and

5. are not otherwise inadmissible to the United States.



Q. What does a worker need to do to get this visa or status?

A. The foreign national worker must meet the criteria noted in the answer above and find an employer willing to sponsor him/her. The responsibility for applying rests with the employer. Employers may file a petition for a transitional worker with USCIS using Form I-129CW, Petition for a Nonimmigrant Worker in the CNMI. (This new form was modeled after the existing Form I-129.)



Q. What does the worker’s spouse and/or child need to get CW-2 status?

A. To accompany or follow to join, the derivative CW-2 nonimmigrant may file an application for extension of nonimmigrant stay on Form I-539 in accordance with the form instructions. The CW-2 status extension may not be approved until approval of the CW-1 extension petition. The filing fee is $300.



Q. How does someone obtain CW status?

A. Once the I-129CW petition is approved, the beneficiary and eligible family members may apply for CW-1, or CW-2 status. Since foreign nationals present in CNMI will not have given biometric information to the Federal government before, and thus not have had required security checks conducted, biometrics will be required. The fee to collect biometrics is $80. A fee waiver is available if applicants can show inability to pay for both the Form I-129CW and biometric fees.



Aliens who are abroad will need to apply for a CW-1 or CW-2 visa at a U.S. consulate. When applicants apply overseas, USCIS will not require biometrics, however biometrics may be required by the Department of State.



Q. Which groups can apply for the Transitional Worker Program?

A. The transitional worker program will be available to two groups of foreign workers: (1) those who are lawfully present in the CNMI and (2) those who are abroad.



Q. Can people with CW status travel outside the CNMI?

A. Once status is obtained, the CW-1 or CW-2 nonimmigrant may leave CNMI but they must have the appropriate visa to re-enter. If the CW-1 or CW-2 status is obtained in CNMI (not the Consular post abroad) the nonimmigrant will have the legal status, but this is not a visa valid for travel to and admission into CNMI. If the CW-1 or CW-2 nonimmigrant departs CNMI, he or she must obtain a visa from a U.S. embassy or consulate to return to CNMI, unless alternative arrangements have been specifically approved by the U.S. Department of Homeland Security.



Q. How does one obtain the visa for re-entry?

A. Someone who has obtained CW-1 or CW-2 status in CNMI (not at a Consular post abroad) who needs to leave CNMI for whatever reason will need to get a visa from the State Department to re-enter CNMI. Usually this is done at the U.S. Embassy or a U.S. Consulate via a locally managed appointment system. If, for example, someone with CW-1 status plans to visit family in the Philippines, he/she would need to make an appointment with the U.S. Embassy in Manila to get the CW visa while they are in the Philippines. They would need to travel with documents to show the State Department officer during their interview and be prepared to wait at least a few days for the visa to be issued. Each U.S. Embassy and Consulate abroad has a different appointment system. To learn more about the U.S. Embassy or Consulate you may need to visit, travelers should go to: http://www.usembassy.gov/. Visa wait times for each Consular post abroad are posted at: http://travel.state.gov/visa/temp/wait/tempvisitors_wait.php.



Q. Can people with CW status travel elsewhere within the United States?

A. No. The CW visa classification is valid only in CNMI and does not permit travel to any other part of the United States, including Guam. However, if someone with CW status qualifies for another kind of nonimmigrant or immigrant visa, or a visa waiver program, he or she may travel elsewhere in the United States and the CW status would not prevent that.



Q. How much does it cost to apply for this visa?

A. The fee for Form I-129CW will be $320, the same amount charged for the I-129. In addition, Public Law 110-229 mandates a “CNMI education funding fee” of $150 per beneficiary per year which is mandatory and cannot be waived. Lastly, there would be a fee of $80 to collect biometrics (fingerprints and photos) and run necessary background checks. This expense could be borne by the applicant or the employer.



Q. Are fee waivers available?

A. Normally there is no fee waiver in employment-based cases. However, due to unique circumstances in CNMI, the I-129CW fee may be waived in extraordinary situations where an employer can demonstrate an inability to pay the fee. However, given the inherent inconsistency between sponsoring an alien for work and being unable to pay the fee required for that sponsorship, the situations warranting a fee waiver are expected to be extremely limited. There is a fee waiver for the $80 biometrics fee if applicants can show an inability to pay.



Q. Can an employer petition for more than one worker on the same form?

A. Yes, with some restrictions, employers may file for multiple beneficiaries on the same I-129CW. If the employees are all working in the same occupational category, for the same time period and in the same location, the employer may name as many employees on the petition as he/she wants. Unnamed beneficiaries are not allowed under this program.



Q. When can employers begin filing for workers?

A. The interim final rule stipulates that employers may not file for a worker more than six months before the date the employer needs that employee’s services (i.e. if an employer needs a worker’s services on January 1, the employer may submit a petition for the worker no earlier than July 1). The rule states that petitions may be filed before November 28, 2009, but USCIS will not grant CW-1 status before that date.



Q. What forms are needed to apply for this visa?

A. Employers may file a petition for a transitional worker with USCIS using Form I-129CW, Petition for a Nonimmigrant Worker in CNMI. (This new form was modeled after the existing Form I-129.)



Q. How does the employer file the Form I-129CW Petition?

A. By mail to the USCIS California Service Center. Please follow the instructions on the form.



Q. What happens to CW-1 transitional workers at the end of the transition period?

A. The transition period ends on December 31, 2014. The CW classification will exist for the duration of the transition period. CNMI-Only Transitional Worker status will be granted initially for 1 year and is renewable throughout the transition period in 1-year increments. At the end of the transition period, the Transitional Worker Program will cease to exist and the transitional workers who held this status must change to another nonimmigrant or immigrant status under the INA if they wish to stay in CNMI lawfully. The U.S. Department of Labor may extend the availability of the CNMI Transitional Worker Program beyond 2014, but no decision on any extension has been made at this time.



Q. What occupational categories would be allowed?

A. Under the rule, the Transitional Worker program includes MOST occupational categories being used in CNMI now. Domestic household workers employed directly by private residents will not be eligible for CW-1 status. However, domestic workers employed through a “legitimate business” for placement in individual households could be eligible.



Q. Which CNMI employers are eligible to petition for transitional workers?

A. To be eligible to petition for a CW-1 nonimmigrant worker, an employer must: be engaged in legitimate business; consider all available United States workers for the positions being filled by the CW-1 worker; offer terms and conditions of employment which are consistent with the nature of the occupation, activity, and industry in CNMI; and comply with all Federal and Commonwealth requirements relating to employment, including nondiscrimination, occupational safety, and minimum wage requirements. Legitimate business means a real, active, and operating commercial or entrepreneurial undertaking which produces services or goods for profit, or is a governmental, charitable or other validly recognized nonprofit entity. The business must meet applicable legal requirements for doing business in CNMI. A business will not be considered legitimate if it engages directly or indirectly in prostitution, trafficking in minors, or any other activity that is illegal under Federal or CNMI law.



Q. Can domestic workers receive CW-1 transitional worker status under this program?

A. Yes, but they must be sponsored by an eligible employer doing business in CNMI as described above.



Q. What does a CNMI employer need to demonstrate in its petition for a transitional worker?

A. A petition must be accompanied by evidence demonstrating the petitioner meets the definition of eligible employer, and must attest that: qualified United States workers are not available to fill the position; the employer is doing business as defined in the rule; the employer is a legitimate business as defined in the rule; the worker has the qualifications for the position (including an occupational license, if required for the occupation); the worker, if present in CNMI, is lawfully present in CNMI; the position is not temporary or seasonal employment, and the petitioner does not reasonably believe it to qualify for any other nonimmigrant worker classification; and the position falls within the list of acceptable occupational categories



Q. How many transitional worker visas will be available?

A. For the first year, the numerical limit for CW-1 status will be based on CNMI government’s own estimate of the foreign worker population, which is 22,417. The CNRA requires that the number be reduced on an annual basis to zero by the end of the transition period. Therefore, after the first year, the numerical limit will drop, but that number has not yet been determined.



Q. What about spouses and dependents? Can they travel and work?

A. The law allows spouses and minor children of someone in CW-1 nonimmigrant status admission into CNMI as accompanying or following to join the principal CW worker. The rule would adopt the INA’s definition of “child” for immigration purposes (other than naturalization in section 101(b)) adding a requirement that the child be under 18 years of age since the statute refers to “minor children” rather than “children.” Employment is not authorized for spouses and children of CW-1 nonimmigrants.



Q. Can CW-1 nonimmigrants change status or adjust status?

A. The law allows workers in the CW classification to change to another nonimmigrant status or to adjust status to lawful permanent resident (get a green card) throughout the transition period if they are eligible. The rule allows an alien to be present in, or come to, CNMI for a temporary period as a CW-1 or CW-2 nonimmigrant and, at the same time, seek to become a lawful permanent resident of the United States, as long as the alien intends to depart voluntarily at the end of the alien’s authorized nonimmigrant stay. For purposes of qualifying for CW-1 or CW-2 classification, the alien is not required to maintain a residence abroad, and dual immigrant and nonimmigrant intent is allowed.



Q. I am a foreign worker in CNMI. Can I apply directly for CW status without my employer’s approval?

A. No, CW status is based upon an employer in CNMI needing your services. Your current or prospective employer must sponsor you by filing a Form I-129CW petition. After that petition is approved, you and your eligible family members can obtain CW status based on the approved petition.



Q. If I obtain CW status, will that lead to U.S. lawful permanent resident (“green card”) status?

A. No, not directly. However, as a CW nonimmigrant you are not barred from obtaining lawful permanent residence if otherwise eligible as a family- or employment-based immigrant.



Q. How long does a grant of CW-1 status last?

A. One year. A CW-1 nonimmigrant in good standing may obtain additional one-year extensions if his or her employer files a petition asking for the extension, subject to availability under the numerical cap.



Q. How long does a grant of CW-2 status for a derivative family member last?

A. The same length of stay as the CW-1 principal, except that a CW-2 child’s length of stay ends on his or her 18th birthday, if sooner.



Q. Can a CW-1 worker change jobs in CNMI and keep the CW-1 status?

A. Yes, but the new employer would have to file the Form I-129CW petition for the worker’s new position before the worker can be employed there. CW-1 transitional workers are only authorized to work for the employer that has petitioned for them.



Q. I am a CW nonimmigrant who obtained status in CNMI. I need to travel abroad and return on very short notice because of a sudden family emergency. Can I do that without a visa?

A. Normally a visa will be expected for the readmission of a CW nonimmigrant returning to CNMI. In emergency situations, however, it may be possible for DHS to give prior permission to travel and return without a visa. Please consult with the USCIS office in Saipan.



Q. As a CW nonimmigrant, may I travel to or from the CNMI using flight arrangements that transit through the Guam airport?

A. No. CW visas and status are authorized for travel to, and presence in CNMI only. You may not travel to any other U.S. place, even in brief transit, without an appropriate other visa or documentation authorizing that visit.



Q. How can I or my company submit comments on the rule?

A. USCIS encourages public comment on this rulemaking. Comments must be received by Nov. 25, 2009. Comments should be identified by DHS Docket No. USCIS-2008-0038 and submitted one of the following ways:

• Federal eRulemaking Portal: http://www.regulations.gov.

• E-mail: rfs.regs@dhs.gov. Include DHS Docket No. USCIS-2008-0038 in the subject line.

• Mail: Chief, Regulatory Products Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529-2210. To ensure proper handling, please reference DHS Docket No. USCIS-2008-0038 on your correspondence.

– USCIS –

Breaking CNMI news...Chinese and Russian tourists are IN !!!

Chamberonomics 131..from Russia with love


With federalization of the US Commonwealth of the Northern Marianas Islands just over a month away, the Department of Homeland Security has advised NMI Delegate Kilili Sablan, that visa waivers will be extended to Russian and Chinese tourists.

This is huge economic news for the tiny US territory in the SW Pacific and may ease the uncertainty caused from the US labor and immigration takeover of the breathtaking beautiful, but politically troubled Marianas Islands.


The capital of the Northern Marianas Islands, Saipan, is an enchanting tropical paradise island of unimaginable beauty, highlighted by turquoise crystal water, fire red sunsets, panoramic views, endless beaches, and unparalleled weather.  Saipan's 10k+ voters host as many as 3/4 million tourists a year, entirely from East Asian, making Saipan a playground of seaside golf, sport fishing, snorkeling, wind surfing, kayaking, biking, beach volleyball, or barbequing on the pristine remote beaches.  The laid back nature of the inhabitants is as legendary as the tropical breezes.


The CNMI has been economically paralyzed in recent years.  Long the subject of labor abuses and international criticism, the once billion dollar yearly Saipan garment industry crumbled, with the last Saipan manufacturer closing in January of 2009.  Japan Airlines, who had previously flown 200k tourists per year to Saipan, stopped flying to the CNMI and virtually walked away from their 75 million dollar hotel amid complaints against the local government of gouging and corruption.  The local land alienation law expires in 2011, which could offer hope in the economic storm.

Two positive actions in recent years began to flourish in the CNMI.  The surprise explosion in visitors from eastern Russia, and opening our doors to the worlds fasting growing market, China, both of which puts us within hours of nearly a billion potential tourists and investors.

The denial of visa waivers from two of the world's largest and fastest growing markets was a cause for much uncertainty here.  A reversal of this regulations could open a wealth of opportunity in the CNMI.

Press release below.

Washington, DC — Chinese and Russian visitors will be able to enter the Northern Mariana Islands visa-free after November 28, 2009. The Secretary of Homeland Security, Janet Napolitano, informed U.S. Congressman Gregorio Kilili Camacho Sablan this afternoon that the Department has responded to the constant, continual conversation on this issue with her landmark decision.


“We got what we’ve asked for,” said Sablan. “We are successful".  “Russian and Chinese tourists will continue to come in to the Northern Mariana Islands after November 28. Everyone’s hard work has paid off.”


DHS announced that after November 28, Russian and Chinese tourists will be allowed visa-free into the Commonwealth. The visitors will enter under the “parole” authority of the Secretary of Homeland Security and will be able to stay in the Northern Marianas up to 45 days. The tourists will not be able to enter any other part of the United States.

In order to ensure the security of the borders the Department will examine flight manifests 72 hours before visitors depart for the Marianas, screening out criminals or persons on terrorist watch lists.

“I’ve been assured that all the necessary equipment to do the pre-screening and monitor visitor exits will be in place by November 28,” said Kilili. “I have been very concerned about the Department’s operational readiness, but I’m beginning to see some forward motion.

“I also think that we have to be sure that this capacity is also present for the Rota and Tinian tourist markets. This isn’t just about Saipan.”


Details of the Department’s plans to use the parole system will be worked out over the next weeks; and Congressman Sablan’s office will continue to monitor the Department’s decisions in this regard.

Kilili also offered thanks and congratulations all around. “First, I thank Secretary Napolitano for making this important decision. Chinese and Russian visitors account for 20% of our tourist dollars. The Secretary told me she ‘gets it’ about the economic impact. And today she proved that by her action.

“I also want to thank Secretary of the Interior Ken Salazar and his Assistant Secretary Anthony Babauta for supporting today’s action. Interior, too, is very aware of the economic importance of these tourists for the Northern Marianas economy and the business community.

“Our friends at the White House also were a big help in getting the State Department and the Department of Defense to sign off on Secretary Napolitano’s decision.

This development alone could signal a new era in the far islands, and spark econonmic recovery in the Gateway to the Orient, or the jewel of the Pacific.

Ron Hodges
Saipan Real Estate
http://www.saipanservices.com/
http://www.saipanrealty.blogspot.com/
a1referrals@yahoo.com
670-233-1144 office
670-323-4663 fax

150 pictures of fabulous Saipan

Visit our web site, A1 Real Estate, for listings, scuba sites, information about Saipan, Tinian, and Rota, one page with 150 pictures of the Marianas, an apartment finder page, a contractor hotline page, an economic report, a page about the Battle of Saipan, and other information about fabulous Saipan.

http://www.saipanservices.com/

(Paddling home to Saipan with a preposition ready ship in the background.)



Monagaha Island is rated 2nd among the world's best beaches and is a playground for hundreds of thousands of tourists yearly.











And a picture is worth a thousand words, windsurfing  Micro Beach , Saipan, CNMI











Saipan's Grotto is rated the number 2 scuba dive site on the planet for nearly a decade, chasing the Blue Corner dive in Palau.











Or if golf is your thing, we have 4 seaside masterpieces where you can play links style wind in tropical temperture. (blow Ron Hodges at the 14th tee of Kingfisher Golf Course, Saipan, CNMI)



Of course history buffs will have plenty do visiting and exploring the aftermath of the Battle of Saipan. 
(L - Last Command Post, Saipan)
And no day on Saipan is complete without a Saipan sunset!