However,  under the terms of the covenant, the federal government has the right to  apply federal law in these exempted areas without the consent of the  CNMI government. Tourists. Tourists. Legislation

The pending legislation applies provisions of federal immigration law to  the CNMI one year after the legislation’s enactment, subject to a transition  period that begins 1 year after enactment and ends on December 31, 2013,  under H.R. Second, during  the transition period, employers of workers not otherwise eligible for  admission under federal law can apply for temporary CNMI-only  nonimmigrant work permits, and this program may be extended  indefinitely by the U.S. Secretary of Labor for up to 5 years at a time. Third, during the transition period, existing CNMI-government-approved  foreign workers lacking U.S. immigration status can continue to live and  work in the CNMI for a limited time. The CNMI’s exemption from the visa caps expires at the end of  the transition period in 2013 or 2014, and the demand for U.S.  nonimmigrant worker visas has exceeded the capped supply in recent  years. Furthermore, there are no nonimmigrant visas available for workers  in continuous low-skill positions. Fees for the CNMI-only work permit will  be determined by federal regulations and are not currently available. In deciding whether to extend the period in which  CNMI-only nonimmigrant work permits may be issued, the Secretary of  Labor may consider workforce studies on the need for foreign workers in  the CNMI; the unemployment rate of U.S. citizen workers residing in the  CNMI; the number of unemployed foreign workers in the CNMI; and any  other available evidence regarding U.S., CNMI, and foreign worker trends  in the CNMI. Access to Permanent Employment-Based Immigrant Visas for Foreign Workers

Under the pending legislation, when federal immigration law becomes  applicable to the CNMI on the transition program effective date, CNMI  employers will be able to petition to bring workers to the CNMI as  employment-based permanent immigrants under the same procedures as  other U.S. employers. Access to Foreign Workers after the End of the Transition Period and after Any Extensions

After the end of the transition period and after any extensions of the  CNMI-only work permit program, the pending legislation limits CNMI  employers’ access to foreign workers, particularly low-skill workers in  continuous, nontemporary jobs. Citizens of countries who do not qualify for entry under the joint CNMI  and Guam visa waiver program or other U.S. visa waiver programs may  apply for U.S. visitor visas valid for entry to any part of the United States,  which generally require in-person applications and higher fees than the  CNMI currently assesses. Changes in tourists’ access to the CNMI will  depend on the countries that are included in the CNMI-Guam visa waiver  program. Until the regulations implementing the joint visa waiver program  are established, we cannot determine whether the new visa waiver  program will be more or less restrictive than the current CNMI or Guam  waiver programs. Pending Legislation Provisions for Foreign Investors

After federal immigration law applies, new CNMI foreign investors must  meet more stringent investment requirements in order to obtain immigrant  investor status, which allows investors to petition for U.S. permanent  immigration status that is currently unavailable in the CNMI. New foreign  investors also could apply for nonimmigrant treaty investor status. Grandfathered Status for Foreign Investors during the Transition Period

The pending legislation allows current CNMI foreign investors to remain in  the CNMI as investors after the start of the transition period by authorizing  DHS to provide CNMI-only nonimmigrant E-2 treaty investor status to  those who have been admitted to the CNMI in long-term investor status  under CNMI immigration laws before the start of the transition program. The Department of Labor had no comments. The  CNMI government disagreed with some key findings related to the pending  legislation. Appendix I: Scope and Methodology

To complete our work, we reviewed current immigration laws of the  Commonwealth of the Northern Mariana Islands (CNMI), U.S. immigration  law, and pending legislation that would apply U.S. immigration law to the  CNMI. 3079, passed by the House of  Representatives, and S. 2739, pending in the Senate. Appendix II: U.S. Nonimmigrant Classes of Admission

Aliens in continuous and immediate transit through the United States  Aliens in transit to the United Nations Headquarters District  Foreign government officials, attendants, servants, and personal employees, and spouses and children in transit  Visa Waiver Program—temporary visitors for business to Guam   Visa Waiver Program—temporary visitors for business  Visa Waiver Program—temporary visitors for pleasure to Guam  Visa Waiver Program—temporary visitors for pleasure  Temporary workers with “specialty occupation”

Appendix III: U.S. and CNMI Fees for Foreign Workers, Tourists, and Foreign Investors

	Specialty workers (H-1B): $320 to $2,320 for petition (range includes supplemental fees of $750 or $1,500 and fraud prevention fee of $500 required for some petitions); associated visa typically valid for up to 3 years

Appendix IV: Country Participation in Current Waiver Programs in the United States, the CNMI, and Guam

CNMI entry permit  waiver programNo (limited for  shipping)
No (police clearance)

Appendix V: Northern Mariana Islands Immigration, Security, and Labor Act (H.R. The  Department of the Interior generally agreed with our findings.
Why GAO Did This Study

The Commonwealth of the Northern Mariana Islands (CNMI) is subject to most U.S. laws but, under the terms of its 1976 covenant with the United States, administers its own immigration system. It has applied this flexibility to admit substantial numbers of foreign workers, in addition to admitting tourists and foreign investors. The covenant grants Congress the right to apply federal immigration law to the CNMI. On December 11, 2007, the House of Representatives passed legislation applying U.S. immigration law to the CNMI; as of report issuance, this legislation was pending in the Senate. If passed, it will amend the covenant and will apply federal immigration law to the CNMI 1 year after the legislation's enactment, subject to a transition period that begins 1 year after enactment but may be delayed 180 days. GAO was asked to review key provisions of the pending legislation, current U.S. immigration law, and current CNMI immigration law, particularly regarding (1) foreign workers, (2) tourists, and (3) foreign investors. The Departments of Homeland Security and the Interior generally agreed with the findings in this report, and the Department of Labor provided no comments. The CNMI government disagreed with some key findings related to GAO's interpretation of the legislation. GAO continues to interpret the legislation as stated in this report.

What GAO Found

The pending legislation applies U.S. immigration law to the CNMI and provides federal agencies some flexibility in preserving the CNMI's access to workers, tourists, and foreign investors as it transitions to a federal system. However, without implementing regulations, key details remain unknown. During the transition period, foreign workers may be admitted to the CNMI through exemptions from caps that restrict the number of U.S. visas for nonimmigrant workers. Workers not otherwise eligible under federal law may be admitted through a CNMI-only permit program, which may be extended indefinitely for up to 5 years at a time. Current workers who do not obtain U.S. immigration status may continue to live and work in the CNMI for a limited time. During and after the transition period, CNMI employers also can petition for nonimmigrant and employment-based permanent immigration status for workers under the same procedures as other U.S. employers. However, access to foreign workers in low-skill jobs will be limited after the end of the transition period in 2013 or 2014 and after any extensions of the CNMI-only permit program, because the demand for certain U.S. nonimmigrant worker visas recently has exceeded the supply and because no nonimmigrant visas are available for workers in continuous low-skill positions. While fees for the CNMI-only work permit will be determined by federal regulations and are unknown, the current fees for U.S. foreign worker permits that would apply after the end of the transition period and any extensions range higher than the CNMI's current foreign worker permit fees. The pending legislation establishes a joint visa waiver program by adding the CNMI to an existing Guam visa waiver program. The program exempts tourism and business visitors from certain countries to the CNMI and Guam from the standard U.S. visa documentation requirements. Citizens of countries not included in the CNMI-Guam or other U.S. visa waiver programs may apply for U.S. visitor visas, which require in-person applications and higher fees than the CNMI currently assesses. Changes in tourists' access to the CNMI will depend on the countries included in the CNMI-Guam visa waiver program. Until the joint program's implementing regulations are established, GAO cannot determine whether the program will be more or less restrictive than the current CNMI and Guam waiver programs. After federal immigration law applies, new CNMI foreign investors must meet federal law's more stringent investment requirements to obtain immigrant investor status, which allows investors to petition for U.S. permanent resident status that is currently unavailable in the CNMI. New investors also could apply for nonimmigrant treaty investor status. In addition, the pending legislation allows current CNMI foreign investors to convert to CNMI-only nonimmigrant treaty investors during the transition period.