The application of U.S. immigration law within the Commonwealth of the Northern Mariana Islands (CNMI) is a unique and complex area, stemming from the transition period following the enactment of the Consolidated Natural Resources Act of 2008 (CNRA). This act extended U.S. immigration law to the CNMI, replacing the prior CNMI-specific immigration system. Understanding the intricacies of this transition and the current application of U.S. immigration law in the CNMI is crucial for individuals residing in or seeking to travel to the islands.

Background and Transition

Prior to the CNRA, the CNMI operated its own distinct immigration system. The CNRA mandated a transition to U.S. immigration law, which occurred on November 28, 2009. This transition involved significant changes, including the phasing out of CNMI-issued permits and the implementation of U.S. visa and entry requirements.

Key Aspects of U.S. Immigration Law in the CNMI

• Application of the Immigration and Nationality Act (INA):
  • The INA, which governs U.S. immigration law, now applies fully in the CNMI. This means that standard U.S. visa requirements, entry procedures, and immigration categories are in effect.
• Visa Waiver Program:
  • The CNMI participates in the Guam-CNMI Visa Waiver Program, which allows citizens of certain countries to enter the CNMI for tourism or business purposes without a visa for up to 45 days.
  • It is vital to understand that this program has specific requirements, and eligibility does not guarantee entry.
• Entry Requirements:
  • All individuals seeking to enter the CNMI must comply with U.S. entry requirements, including possessing a valid passport and, if required, a valid U.S. visa.
  • Customs and Border Protection (CBP) officers at ports of entry have the authority to determine admissibility.
• Employment Authorization:
  • Foreign nationals seeking to work in the CNMI must obtain appropriate U.S. work authorization, such as an H-1B visa for specialty occupations or other relevant employment-based visas.
  • The CNMI-specific work permits that existed before the transition are no longer valid.
• Long-Term Residents:
  • The transition to U.S. immigration law addressed the status of long-term CNMI residents who were present before the transition date.
  • Certain individuals were eligible for transitional benefits and adjustments of status, which aimed to provide a pathway to lawful permanent residence.
• Family-Based Immigration:
  • Standard U.S. family-based immigration categories and procedures apply in the CNMI. This includes petitions for spouses, children, and other eligible family members.
• Investor Visas:
  • The CNMI is subject to U.S. investor visa programs, such as the EB-5 program, which allows foreign nationals to invest in job-creating enterprises in the islands.
• Enforcement:
  • U.S. immigration enforcement agencies, including CBP and Immigration and Customs Enforcement (ICE), operate in the CNMI, enforcing U.S. immigration laws.
• Transitional Worker Program:
  • The CNMI transitional worker program was created to allow for a phase out of the previous CNMI specific work permits. This program has very specific rules and requirements.
• Impact on Businesses:
  • Businesses operating in the CNMI must comply with U.S. employment verification requirements, including Form I-9, and must ensure that their employees have valid work authorization.

Important Considerations

• Documentation:
  • Accurate and complete documentation is crucial for all immigration-related processes in the CNMI.
• Legal Counsel:
  • Given the complexity of U.S. immigration law, especially in the context of the CNMI transition, seeking legal counsel from qualified immigration attorneys is strongly recommended.
• USCIS Resources:
  • USCIS provides detailed information and resources on its website, including policy manuals, forms, and instructions.