HR-9787-119
Referred to the Committee on the Judiciary, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Sponsored by Kimberlyn King-Hinds (R-MP)
What it does
This bill would extend the Commonwealth of the Northern Mariana Islands (CNMI) temporary foreign worker program — currently set to expire in 2029 — to at least 2039, with the possibility of further 10-year extensions if the Secretary of Labor determines continued need. It would raise the annual cap on foreign worker permits to 15,000 (plus 3,000 additional permits for construction and extraction jobs), apply Guam's labor certification procedures to the CNMI, shift prevailing wage calculations to a biennial basis at 75% of the standard rate, and create a pathway for certain long-term workers who have been unlawfully present to re-enter legally. It would also impose a $150 per-petition enforcement fee and rename the program from a "transition" program to a "labor stabilization program."
Who benefits
Foreign workers currently employed in the CNMI under the transitional worker program, particularly those who have been unlawfully present since 2020 and would gain a legal pathway. CNMI-based employers in construction, tourism, hospitality, and retail who rely on foreign labor. Construction contractors working on U.S. military buildup projects in the region (particularly on Guam and Tinian). The CNMI government, which gains a formal consultative role in setting annual permit caps. Workers from countries already eligible for H-2B visas in 2024, who would be prioritized for construction permits. DHS, which would receive $150 per petition in new enforcement funding.
Who is hurt
U.S. citizen and lawful permanent resident workers in the CNMI who may face continued wage competition from a large foreign labor pool. Workers who might benefit from a faster transition to a U.S.-citizen-dominated labor market, which the extension delays. CNMI residents who argue the territory's long-term economic development depends on building a local workforce. Employers in countries not designated as H-2B-eligible in 2024, whose workers would be excluded from the new construction permit allocation. Petitioning employers who would bear the new $150 enforcement fee. Workers in the CNMI who are not covered by the "long-term worker" pathway and remain in unlawful status.
Supporters argue
Supporters argue that the CNMI's economy — heavily dependent on tourism and a major U.S. military construction buildup — cannot function without a stable foreign workforce, as the local U.S.-eligible labor pool is demonstrably too small to fill available jobs. They contend that the original 2029 deadline was set before the scale of military construction on Tinian and Saipan was known, and that extending the program to 2039 with built-in labor needs reviews ensures the transition is data-driven rather than arbitrary. They also argue the unlawful presence waiver provision corrects an inequity for long-term residents who have lived and worked in the CNMI for years through no fault of their own.
Opponents argue
Opponents argue that each extension of the CNMI foreign worker program delays the territory's integration into the standard U.S. immigration system and reduces pressure on employers to raise wages and recruit U.S.-eligible workers. They contend that the prevailing wage reduction to 75% of the standard rate — combined with a biennial rather than annual recalculation — structurally suppresses wages for all workers in the CNMI, including U.S. citizens and permanent residents. They further argue that granting the Secretary of Labor open-ended authority to extend the program in successive 10-year increments with minimal congressional oversight effectively removes Congress from a policy area it is constitutionally responsible for governing.
Constitutional context
Congress has plenary authority over U.S. territories under Article IV, Section 3, and broad power to regulate immigration under the Naturalization Clause (Art. I, §8, cl. 4) and the Commerce Clause. The bill's delegation of open-ended extension authority to the Secretary of Labor — allowing successive 10-year renewals without further congressional action — could raise nondelegation concerns under Art. I, §1, particularly after West Virginia v. EPA (2022) and Loper Bright v. Raimondo (2024), which require clear congressional authorization for agency actions of vast economic or political significance. Post-Loper Bright, courts would independently assess whether the statutory standards guiding the Secretary's extension authority are sufficiently intelligible.
Checks and balances
The executive branch (Secretaries of Labor and Homeland Security) gains significant new authority to extend the program indefinitely in 10-year increments and set annual permit caps, with Congress playing no direct role after enactment; checks include the requirement to consult the CNMI Governor, publish determinations in the Federal Register, and adhere to the statutory cap of 15,000 permits per year.
Historical precedent
The Consolidated Natural Resources Act of 2008 (P.L. 110-229) first extended federal immigration law to the CNMI and created the original transitional worker program, which has been extended multiple times — most recently to 2029 — establishing a pattern of successive congressional extensions of this specific program.