'It's not just a labor issue': Lingering anxiety over the impending end of the CNMI’s transitional worker program

By Bryan Manabat

Saipan—The CW-1 transitional worker program, a special visa classification, was designed exclusively for the Northern Marianas, allowing local employers to hire foreign workers who do not fall under other nonimmigrant worker categories, particularly in the hospitality, construction and healthcare sectors.

The CW-1 program is set to end in 2029, raising concerns about the foreign workers' exodus that would leave a bigger labor gap and economic disruption in the CNMI. The CW-1 program was originally scheduled to end on Dec. 31, 2019, but has been extended multiple times.

“This program was created during the federalization of CNMI immigration and has been the backbone of our workforce for well over a decade,” said Janet King, an immigration lawyer.

Janet King

The CNMI previously controlled its own labor and immigration until the federal government implemented the Consolidated Natural Resources Act of 2008, which extended federal immigration law to the Commonwealth as a result of reported labor abuses in the garment industry.

“Our local economy depends on foreign workers in industries like construction, healthcare hospitality, and many others,” King said. “Without them, many businesses would struggle to operate, and basic services would be disrupted.”

According to the 2020 U.S. Census, the CNMI’s population declined from 57,056 in 2009 to 47,329 in 2020. The CNMI Department of Labor reported that 11,545 positions, or 55 percent of the 20,991 job vacancies in 2020, were filled by CW-1 workers, most of whom are from the Philippines and other Asian countries.

Many of the CW-1 workers have lived in the CNMI for years, raising families, paying taxes and becoming part of the community. “They are not temporary in any real sense,” King said. “However, as it stands now, the program is set to phase out, and there is no clear replacement plan. That uncertainty affects not just the workers but the entire CNMI.”

King has been practicing law in the CNMI for 17 years, focusing on federal defense cases, immigration matters and civil litigation.

She highlighted the lack of a path to permanent residency for long-term workers. “Even if someone has been here legally for 10 or 15 years or more, if they do not qualify through a family member or an employment-based green card, they often cannot stay here permanently. That creates a lot of fear and instability for both the workers and the employers who rely on them,” she said.

Former Rep. Gregorio Sablan proposed the “Population Stabilization Act,” which would grant permanent resident status to long-term foreign workers. The proposal, introduced in the 118th Congress, did not receive a vote. Given Trump’s unforgiving immigration policy, chances of success for a similar proposal under the current administration would be a long shot.

But King is advocating for a more inclusive immigration policy in the CNMI. “These individuals are essential to the CNMI. They work hard, follow the law and contribute to our schools, our churches and our daily lives,” she said. “We need an immigration system that recognizes long-term contributions and offers a real pathway to stay for those who have proven their commitment to the islands.”

Historically, the CNMI has relied on foreign workers, with the ratio of U.S. workers to foreign workers hovering around 50 percent in past years.

The CNMI experienced strong GDP growth in 2016 and 2017, largely due to casino and tourism expansion, but the economy contracted by 20 percent in 2018 following Super Typhoon Yutu.

The CNMI Office of Planning and Development recently released the Marianas Economic Roadmap, outlining strategies for long-term recovery and growth. The plan emphasizes government collaboration, strengthening existing industries, developing new sectors and ensuring sustainable recovery.

King stressed that immigration is not just about policies and laws—it’s about people. “It’s about families, caregivers, cooks, construction workers and professionals like nurses, accountants and engineers—all of whom help make life on the islands what it is. These individuals are part of our daily lives and deserve to be seen, heard and treated with dignity.”

Recognizing the value of diversity, King urged CNMI residents to actively participate in shaping immigration policies. “A better future for the CNMI cannot be imposed unilaterally from Washington, D.C., without listening to the insight, wisdom, and aspirations of those who live here,” King said.

Since 2009, the CNMI has had a non-voting delegate in the U.S. House of Representatives, a role created under Public Law 110-229, which also placed the CNMI under federal immigration law.

“That role is important and gives us a stronger presence in Washington. However, it is also important to recognize that our delegate does not have a final vote on the House floor," King said. "That means many of the most critical decisions, especially those on immigration (and labor, healthcare and education) are still being made without full input from the people most affected."

Another condition for the CW-1 program is the temporary departure requirement, commonly known as the “touchback provision,” which requires local employers to send their CW-1 workers back to their home countries every three years. The worker is required to remain outside of the U.S. jurisdiction for a minimum of 30 days.

Before the end of his term, Sablan proposed a three-year delay to the “exit” requirement, but his bill, H.R. 1420, was referred to the U.S. House Committee on Natural Resources and Judiciary without being acted on. The rule applies to workers whose petitions were granted after the requirement took effect on June 18, 2020.

King emphasized the importance of community engagement in immigration and labor policies.

“We cannot afford to be passive or wait for change to come from the outside. We must be active participants—attending community meetings, staying informed, talking to our elected leaders, and making sure our voices are heard,” she said. “If we want policies that reflect our needs and protect our values, we must be part of the conversation. Our participation is not optional; it is essential.”

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