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CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 14

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CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 14 18628 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 14 September 20, 2006 program designed to minimize adverse ef- ship with a United States citizen or lawful under this paragraph may, if he or she is oth- fects on the economy. Specific provisions are permanent resident would be required to be erwise eligible, apply for an immigrant visa made to ensure access to workers in legiti- admitted as a lawful permanent resident at a or admission as a lawful permanent resident mate businesses after the end of the transi- port-of-entry other than the CNMI or in on another basis under the INA. tion and for the adjustment of those foreign Guam, such as Honolulu. Subparagraph (F): provides for the removal workers who are presently in the CNMI and Paragraph (2): generally provides the At- from the United States, of any alien subject who have been continuously employed in a torney General with the authority to admit, to the five-year limitation if the alien vio- legitimate business for the past five years. under certain exceptional circumstances and lates the provisions of this paragraph, or if Subsection (a): provides, except for any ex- after consultation with federal and local offi- the alien is found to be removable or inad- tensions that may be provided by the Attor- cials, a limited number of employment-based missible under applicable provisions of the ney General to specific industries in accord- immigrants without regard to the normal INA. ance with the provisions of subsection (d), numerical limitations under the INA. The Subparagraph (G): provides the Attorney for a transition program ending after eight purpose of this provision is to provide a General with the authority to grant a waiver years to provide for the issuance of: non- ‘‘fail-safe’’ mechanism during the transition of the five-year limitation in certain ex- immigrant temporary alien worker; family- program in the event the CNMI is unable to traordinary situations where the Attorney sponsored, and employment-based immi- obtain sufficient workers who are otherwise General finds that the alien would suffer ex- grant visas. authorized to work under U.S. law. This ceptional and extremely unusual hardship Subsection (b): addresses the special prob- paragraph would also provide a mechanism were such conditions not waived. The bene- lems faced by employers in the CNMI due to for extending the ‘‘fail-safe’’ mechanism be- fits of this provision would be unavailable to the Commonwealth’s unique geographic and yond the end of the transition program, for a a person who has violated the terms and con- labor circumstances by providing an exemp- specified period of time, with respect to le- ditions of his or her permanent resident sta- tion from the normal numerical limitations gitimate businesses in the CNMI. tus, such as an alien who has engaged in the on the admission of H–2B temporary workers Subparagraph (A): provides that the Attor- unauthorized employment. found in the INA. This subsection enables ney General, after consultation with the Sec- Subparagraph (H): provides for the expira- CNMI employers to obtain sufficient tem- retary of Labor and the Governor and leader- tion of limitations after five years. porary workers, if United States labor and ship of the Legislature of the CNMI, may Subparagraph (I): provides for not more lawfully admissible freely associated state find that exceptional circumstances exist than two five-year extensions, as necessary, citizen labor are unavailable, for labor sen- which preclude employers in the CNMI from of the employment-based immigrant visa sitive industries such as the construction in- obtaining sufficient work-authorized labor. programs of this paragraph, with respect to dustry. If such a finding is made, the Attorney Gen- workers in legitimate businesses in the tour- Subsection (c): sets forth several require- eral may establish a specific number of em- ism industry. This provision is designed to ments during the transition program which ployment-based immigrant visas to be made ensure that there be a sufficient number of must be met with respect to temporary alien available under section 203(b) of the INA dur- workers available to fill positions in the workers who would otherwise not be eligible ing the following fiscal year. The labor cer- tourism industry after the transition period for nonimmigrant classification under the tification requirements of section 212(a)(5) ends. The subparagraph also permits a single INA. The intent of this subsection is to pro- will not apply to an alien seeking benefits five-year extension for legitimate businesses vide a smooth transition from the CNMI’s under this subsection. in other industries. The provisions are ex- current system. The Secretary of Labor will Subparagraph (B): permits the Secretary of plained more fully under the discussion of be guided by the Act, including the State- State to allocate up to the number of visas Committee Amendments. ment of Purpose and the explanation in the requested by the Attorney General without Subsection (e): provides further detail re- Committee Amendments section of the Com- regard to the normal per-country or ‘other garding nonimmigrant investor visas. mittee Report in establishing the system for worker’ employment-based third preference Subsection (f): provides further detail re- the allocating and determining the number numerical limitations on visa issuance. garding persons lawfully admitted into the of permits. Subsection (j) provides for peti- These visas would be allocated first from un- CNMI under local law. tions to adjust the status of certain long- used employment-based third preference visa Subsection (g): provides travel restrictions term employees. If any petitions are granted numbers, and then, if necessary, from unused for certain applicants for asylum. under subsection (j), the number of permits alien entrepreneur visa numbers. Subsection (h): deals with the effect of are to be reduced accordingly to the extent Subparagraph (C): deals with entry of per- these provisions on other law. that the system adopted by the Secretary of sons with employment-based immigrant Subsection (i): provides that no time spent Labor assumed an allocation of permits for visas. Persons who are otherwise eligible for by an alien in the CNMI in violation of CNMI the positions held by persons whose status is lawful permanent residence under the transi- law would count toward admission and is adjusted under subsection (j). tion program may have their status adjusted self-explanatory. Subsection (d): provides general limita- in the CNMI. Subsection (j): provides a one-time grand- tions on the initial admission of most fam- Subparagraph (D): provides that any immi- father for certain long-term employees and ily-sponsored and employment-based immi- grant visa issued pursuant to this paragraph is more fully discussed in the section of the grants to the CNMI, as well as a mechanism shall be valid only to apply for initial admis- Report describing the Committee Amend- for exemptions to these general limitations. sion to the CNMI. Any employment-based ment. This subsection is intended to address the immigrant visas issued on the basis of a find- Section 2, subsection (b): provides for three concerns expressed by this Committee, in ap- ing of ‘exceptional circumstances’ as de- conforming amendments to the INA. proving the Covenant in 1976, regarding the scribed in subparagraph (A) above, would be Section 2, subsection (c): provides for tech- effect that uncontrolled immigration may valid for admission for lawful permanent res- nical assistance to specifically charge the have on small island communities. This sub- idence and employment only in the CNMI Secretary of Commerce to provide technical section further provides for a ‘‘fail-safe’’ during the first five years after initial ad- assistance to encourage growth and diver- mechanism to permit, in cases of labor mission. Such visas would not authorize per- sification of the local economy and the Sec- shortages, that certain unskilled immigrant manent residence or employment in any retary of Labor to provide assistance to re- worker visas intended for the CNMI be ex- other part of the United States during this cruit, train, and hire persons authorized to empted from the normal worldwide and per- five-year period. The subparagraph also pro- work in the U.S. country limitations found in the INA for vides for the issuance of appropriate docu- Section 2, subsection (d): provides adminis- such unskilled workers. This subsection does mentation of such admission, and, consistent trative authority for the Departments of not increase the overall number of aliens with the INA, requires an alien to register Justice and Labor to implement the statute. who may immigrate to the United States and report to the Attorney General during Section 2, subsection (e): provides for a re- each year. the five-year period. This five-year condition port to Congress. Paragraph (1): of this subsection authorizes is intended to prevent an alien from using Section 2, subsection (f): limits the number the Attorney General, after consultation the CNMI-only transition program as a loop- of alien workers present in the CNMI prior to with the governor and the leadership of the hole to gain employment in another part of the transition program effective date. Legislature of the CNMI and in consultation the United States. Without this condition, Section 2, subsection (g): authorizes appro- with other Federal Government agencies, to such an alien, as a lawful permanent resi- priations. exempt certain family-sponsored immigrants dent, would be eligible to work anywhere in f who intend to reside in the CNMI from the the United States, thereby avoiding the general limitations on initial admission at a lengthy (seven years or longer) waiting pe- CONDEMNING DRIVE HUNTS port-of-entry in the CNMI or in Guam. For riod currently faced by other aliens seeking example, unless the CNMI recommends oth- unskilled immigrant worker visas.
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