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DHS/USCIS RIN: 1615-AB76 Publication ID: Fall 2010 
Title: Commonwealth of the Northern Mariana Islands Transitional Worker Classification 
Abstract: The Department of Homeland Security (DHS) is creating a new, temporary, Commonwealth of the Northern Mariana Islands (CNMI)-only transitional worker classification (CW classification) in accordance with title VII of the Consolidated Natural Resources Act of 2008 (CNRA). The transitional worker program is intended to provide for an orderly transition from the CNMI permit system to the U.S. Federal immigration system under the Immigration and Nationality Act (INA). A CW transitional worker is an alien worker who is ineligible for another classification under the INA and who performs services or labor for an employer in the CNMI. The CNRA imposes a 5-year transition period before the INA requirements become fully applicable in the CNMI. The new CW classification will be in effect for the duration of that transition period, unless extended by the Secretary of Labor. The rule also establishes employment authorization incident to CW status. 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CFR 214.2   
Legal Authority: PL 110-229   
Legal Deadline:  None

Statement of Need: Title VII of the Consolidated Natural Resources Act of 2008 (CNRA) created a new, temporary, Commonwealth of the Northern Mariana Islands (CNMI)-only transitional worker classification. The transitional worker program is intended to provide for an orderly transition from the CNMI permit system to the U.S. Federal immigration system under the Immigration and Nationality Act.

Anticipated Costs and Benefits: The employers/petitioners for each of the estimated 22,000 CNMI transitional workers will be required to pay a $325 fee per year, for an annualized cost to the affected public of $7 million. However, since these workers will not have to pay CNMI fees, the total present value costs of this rule are a net cost savings ranging from $9.8 million to $13.4 million depending on the validity period of CW status (1 or 2 years), whether out-of-status aliens present in the CNMI are eligible for CW status, and the discount rate applied. The intended benefits of the rule include improvements in national and homeland security and protection of human rights.

Timetable:
Action Date FR Cite
Interim Final Rule  10/27/2009  74 FR 55094   
Interim Final Rule Comment Period End  11/27/2009    
Interim Final Rule Comment Period End Extended  12/09/2009  74 FR 64997   
Interim Final Rule Comment Period End  01/08/2010    
Final Action  03/00/2011    
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: State 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: Yes 
Agency Contact:
Lori S. MacKenzie
Division Chief, Operations Policy & Stakeholder Communications, Immigrant Investor Program
Department of Homeland Security
U.S. Citizenship and Immigration Services
131 M Street NE.,
Washington, DC 20529-2200
Phone:202 357-9214
Email: lori.s.mackenzie@uscis.dhs.gov