Transition to stabilization: A blueprint for the CNMI’s workforce future

By Bryan Manabat

Saipan—Kimberlyn King-Hinds, the CNMI’s delegate to the U.S. Congress, has released a draft bill that would overhaul the CNMI’s foreign labor system, extend the commonwealth’s access to transitional workers through 2039 and give the Governor a central role in determining labor needs.

The draft measure, titled the Northern Mariana Islands Labor Stabilization Act, marks a significant shift from the expiring transition program toward a long-term framework designed to reflect the CNMI’s actual workforce realities.

The proposal would replace the current phase‑down schedule with a more stable structure, expand the governor’s authority in labor certification and create new mechanisms to address long-standing gaps in enforcement, wages and worker eligibility.

Kimberlyn King-Hinds

King-Hinds said the draft was the culmination of months of conversations with employers, workers and community members, but emphasized that input from the governor and local leadership is essential before the bill is finalized.

“This is a working draft, not a finished product,” she said. “Before anything is introduced, it’s important that the governor, local leaders, and the broader community have the opportunity to review it and weigh in. The goal is to make sure any legislation we advance is grounded in the realities of our workforce and our economy.”

The congresswoman previously shared a policy framework with the community in July 2025, outlining her approach to extending the CNMI’s immigration transition program. Feedback gathered during that period helped shape the current draft, which is now being circulated for review.

Under the current law, the Commonwealth Only Transitional Worker program is scheduled to end on Dec. 31, 2029, with a final reduction to 1,000 permits in the first quarter of FY 2030. The draft legislation would extend the program through Dec. 31, 2039 and establish a process for an additional 10‑year extension based on a formal labor needs assessment.

That assessment, which must be completed by July 1, 2039, would be conducted by the U.S. Department of Labor in consultation with the Department of Homeland Security, Department of War, the Department of the Interior and the CNMI governor.

It would evaluate labor market data, unemployment trends, workforce training efforts, and the extent to which U.S. workers are filling available jobs. For the first time, the CNMI would have a statutory mechanism to extend foreign labor access without requiring new congressional action.

One of the most consequential changes is the requirement that CW petitions filed after the first fiscal year of enactment be approved by the governor. This mirrors the authority exercised by the governor of Guam under federal H‑2B regulations and represents a major shift from the current system, in which labor need determinations for the CNMI are made entirely through federal processes outside the commonwealth.

The proposal would allow the governor to establish procedures for administering the temporary labor program and issue labor certifications that accompany CW petitions. Supporters say this could create a more responsive and locally informed process, though it also places significant administrative responsibility on the CNMI government.

Gov. David M. Apatang said he backed the proposal “100 percent,” emphasizing the urgency of extending the CW program and noting the commonwealth’s continued reliance on foreign labor for construction, medical services and technical expertise. “Our economy cannot function without these critical skill sets,” he said, adding that the draft bill provides a realistic path toward meeting the CNMI’s long-term workforce needs.

The draft bill proposes several adjustments intended to stabilize the labor market and better reflect the CNMI’s economic conditions.

Prevailing wage updates would shift from annual to biennial, and the alternative wage method used when insufficient CNMI data exists would be set at 75 percent of the otherwise applicable prevailing wage or the federal minimum wage, whichever is higher. The change is intended to reduce volatility and ensure wage determinations reflect local realities rather than Guam-based comparisons.

The current statutory schedule that reduces CW permits annually until 2029 would be replaced with a general annual cap of up to 15,000 permits.

The bill also creates a separate allocation of 3,000 permits for jobs in construction and extraction, available only to nationals of countries designated as H-2B-eligible in 2024 or 2025. Additionally, the longstanding prohibition on issuing CW permits for construction workers—unless they qualified as long-term workers—would be eliminated, addressing years of industry concerns about project delays and workforce shortages.

The proposal addresses complications faced by long-term workers whose eligibility was affected by overlapping permit validity dates. Workers admitted in FY 2015 and in two of FY 2016–FY 2019 would be eligible for renewable three-year permits during the stabilization period.

The bill also eliminates the “touch-back” requirement, which forced workers to leave the United States after their second renewal period. Employers have long argued that the rule disrupted operations and created unnecessary hardship for workers and families.

The draft legislation strengthens enforcement by creating a $150 fee per petition dedicated to DHS for immigration enforcement in the CNMI. It restores the Section 703(b) cover-over of immigration and naturalization fees to the CNMI Treasury, supporting the Governor’s expanded certification role.

A CNMI-specific expedited removal standard would require five years of continuous physical presence to avoid expedited removal, giving DHS additional tools to address criminal activity.

The bill also creates a narrow pathway for certain CW workers who fell out of status during or after the Covid‑19 pandemic to regain lawful status if they were admitted before FY 2020, accrued less than five years of unlawful presence, and have continuously resided in the CNMI since FY 2019. It further adds CW workers to the definition of “qualified alien” for disaster assistance eligibility.

Along with the draft bill text, King-Hinds provided a section-by-section analysis and comparison of current law and proposed changes to support informed review by the Governor and community stakeholders. She noted that compromise will be unavoidable in the legislative process and that sustained local engagement will be essential to advancing the core objective of extending the CNMI’s access to necessary foreign labor beyond 2029.

“I want this effort to reflect a shared understanding of what the commonwealth needs and what is achievable,” she said. “Community input at this stage will strengthen our position as we move forward.”