S. 2325 — what changed

changed The purpose purposes of this Act is—are—

“(6) Fees for training united states workers

“(A) Supplemental fee

changed “(i) In general—In addition to fees imposed pursuant to sections 208(d)(3) and 245(i), section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(3) and 1255(i)) 1356(m)) to recover the full costs of adjudication services, the Secretary shall impose an annual supplemental fee of $200 per nonimmigrant worker on each prospective employer who is issued a permit under subsection (d)(3) during the transition program.program. A prospective employer that is issued a permit with a validity period of longer than 1 year shall pay the fee for each year of requested validity at the time the permit is requested.

changed “(ii) Inflation adjustment—Beginning in fiscal year 2020, the Secretary Secretary, through notice in the Federal Register, may annually adjust the supplemental fee imposed under clause (i) by a percentage equal to the annual change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.

changed “(iii) Use of funds—Amounts collected pursuant to clause (i) shall be annually deposited into the Treasury of the Commonwealth Government for the sole and exclusive purpose of funding vocational education, apprenticeships, or other training programs for United States workers.

changed “(B) Plan for the expenditure of funds—At the beginning of each calendar year, “(iv) Fraud prevention and before any of detection fee—In addition to the supplemental fees are deposited into the Treasury of the Commonwealth Government for that calendar year, the Commonwealth Government shall submit to described in clause (i), the Secretary of Labor—Secretary—

added “(I) shall impose, on each prospective employer filing a petition under this subsection for 1 or more nonimmigrant workers, a $50 fraud prevention and detection fee; and

added “(II) shall deposit and use the fees collected under subclause (I) in accordance with section 286(v)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1356(v)(2)(B)).

added “(B) Plan for the expenditure of funds—Not later than 120 days before the first day of fiscal year 2020, and annually thereafter, the Governor of the Commonwealth Government shall submit to the Secretary of Labor—

“(i) a plan for the expenditures of amounts deposited under subparagraph (A)(iii);

“(ii) a projection of the effectiveness of such expenditures in the placement of United States workers into jobs held by non-United States workers; and

“(iii) a report on the changes in employment of United States workers attributable to expenditures of such amounts during the previous year.

added “(C) Determination and report—Not later than 120 days after receiving each expenditure plan under subparagraph (B)(i), the Secretary of Labor shall—

added “(i) issue a determination on the plan; and

added “(ii) submit a report to Congress that describes the effectiveness of the Commonwealth Government at meeting the goals set forth in such plan.

added “(D) Payment restriction—Payments may not be made in a fiscal year from amounts deposited under subparagraph (A)(iii) before the Secretary of Labor has approved the expenditure plan submitted under subparagraph (B)(i) for that fiscal year.”

removed “(C) Payment restriction—Payments may not be made from amounts deposited under subparagraph (A)(iii) until after the Secretary of Labor has approved the expenditure plan submitted under subparagraph (B)(i).

removed “(D) Report—The Secretary of Labor shall submit an annual report to Congress that describes the effectiveness of the Commonwealth Government at meeting the goals set forth in the expenditure plan submitted under subparagraph (B)(i).”

changed “(3) Report—Not later than 3 years after the date of the enactment of the Northern Mariana Islands U.S. Workforce Act, December 1, 2027, the Secretary shall submit a report to the Committee on Energy and Natural Resources of the Senate, the Committee on the Judiciary of the Senate, the Committee on Natural Resources of the House of Representatives, and the Committee on the Judiciary of the House of Representatives that—

“(A) projects the number of asylum claims the Secretary anticipates following the termination of the transition period; and

“(B) describes the efforts of the Secretary to ensure appropriate interdiction efforts, provide for appropriate treatment of asylum seekers, and prepare to accept and adjudicate asylum claims in the Commonwealth.”

“(2) Protection for united states workers

changed “(A) Foreign Temporary labor certification

changed “(i) In general—Before applying for general—Beginning with petitions filed with employment start dates in fiscal year 2020, a petition to import a nonimmigrant worker permit under this subsection, a prospective employer shall obtain a certification from subsection may not be approved by the Department Secretary unless the petitioner has applied to the Secretary of Labor for a temporary labor certification confirming the prospective employer’s assertion that—

changed “(I) no qualified there are not sufficient United States worker is workers in the Commonwealth who are able, willing, qualified, and available to accept the proposed job at the prevailing wage for that occupation time and place needed to perform the services or labor involved in the Commonwealth; petition; and

changed “(II) employment of the foreign nonimmigrant worker will not adversely affect the wages and working conditions of similarly employed United States workers.

changed “(ii) Petition—After receiving a temporary labor certification under clause (i), a prospective employer may submit a petition to U.S. Citizenship and Immigration Services the Secretary for a Commonwealth Only Transitional Worker permit on behalf of the foreign nonimmigrant worker.

changed “(B) Prevailing wage survey—In order to effectuate the requirement for foreign labor certification, the Department of Labor shall conduct periodic prevailing wage surveys in the Commonwealth.survey

added “(i) In general—In order to effectuate the requirement for a temporary labor certification under subparagraph (A)(i), the Secretary of Labor shall use, or make available to employers, an occupational wage survey conducted by the Governor that the Secretary of Labor has determined meets the statistical standards for determining prevailing wages in the Commonwealth on an annual basis.

added “(ii) Alternative method for determining the prevailing wage—In the absence of an occupational wage survey approved by the Secretary of Labor under clause (i), the prevailing wage for an occupation in the Commonwealth shall be the arithmetic mean of the wages of workers similarly employed in the territory of Guam according to the wage component of the Occupational Employment Statistics Survey conducted by the Bureau of Labor Statistics.

“(C) Minimum wage—An employer shall pay each Commonwealth Only Transitional Worker a wage that is not less than the greater of—

“(i) the statutory minimum wage in the Commonwealth;

removed “(ii) the Federal minimum wage;

removed “(iii) the prevailing wage in the Commonwealth for the occupation in which the worker is employed; or

changed “(iv) the actual wage level paid by the employer to any other individual employed in “(ii) the same occupation.”Federal minimum wage; or

added “(iii) the prevailing wage in the Commonwealth for the occupation in which the worker is employed.”

“(3) Permits

changed “(A) In general—The Secretary shall establish, administer, and enforce a system for allocating and determining the number, terms, terms and conditions of permits to be issued to prospective employers for each such nonimmigrant worker described in this subsection who would not otherwise be eligible for admission under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

changed “(B) Comments from governor—In carrying out this paragraph, the Secretary—Numerical cap—The number of permits issued under subparagraph (A) may not exceed—

changed “(i) shall consider, in good faith, any comments or advice submitted by the Governor of the Commonwealth, including any recommendation to reserve a number of permits each year 13,000 for occupational categories necessary to maintain public health or safety in the Commonwealth;fiscal year 2019;

changed “(ii) shall, not later than 30 days after the receipt of such comments or advice, submit a written response to the Governor; and12,500 for fiscal year 2020;

changed “(iii) in the Secretary’s sole discretion, may make the reservation of permits recommended by the Governor.12,000 for fiscal year 2021;

changed “(C) Numerical cap—The number of permits issued under subparagraph (A) may not exceed 13,000 during “(iv) 11,500 for fiscal year 2019.2022;

changed “(D) Annual adjustments—Beginning in “(v) 11,000 for fiscal year 2020, and annually thereafter, the number of permits issued under subparagraph (A) may not exceed a number that is 500 fewer than the number of permits that were issued during the immediately preceding fiscal year.2023;

changed “(E) Reports regarding the percentage of domestic workers“(vi) 10,000 for fiscal year 2024;

changed “(i) By governor—Not later than 60 days before the end of each calendar year, the Governor shall submit a report to the Secretary that identifies the ratio between domestic workers to non-domestic workers in the Commonwealth’s workforce based on income tax filings with the Commonwealth “(vii) 9,000 for the tax year.fiscal year 2025;

changed “(ii) By GAO—Not later than December 31, 2019, and biennially thereafter, the Comptroller General of the United States shall submit a report to the Chair and Ranking Member of the Committee on Energy and Natural Resources of the Senate and the Chair and Ranking Member of the Committee on Natural Resources of the House of Representatives that identifies the ratio between domestic workers and non-domestic workers in the Commonwealth’s workforce during each of the previous 5 calendar years.“(viii) 8,000 for fiscal year 2026;

changed “(F) Application; issuance of permits“(ix) 7,000 for fiscal year 2027;

changed “(i) Submission—A prospective employer may submit an application—“(x) 6,000 for fiscal year 2028;

changed “(I) “(xi) 5,000 for a new permit 180 days before the beginning of the allocation fiscal year in which the permit will become effective; or2029; and

changed “(II) “(xii) 1,000 for the renewal of an existing permit 180 days before the end first quarter of the allocation fiscal year in which the existing permit expires.2030.

changed “(ii) Adjudication—The Secretary shall adjudicate an application for a permit submitted pursuant to clause (i) not later than 60 days after “(C) Reports regarding the receipt percentage of such application.united states workers

changed “(iii) Employment verification—The Secretary shall establish a system for each employer “(i) By governor—Not later than 60 days before the end of a Commonwealth Only Transitional Worker to each calendar year, the Governor shall submit a quarterly report to the U.S. Immigration and Customs Enforcement office in the Commonwealth Secretary that provides evidence to verify the continuing employment and payment of such worker under identifies the terms ratio between United States workers and conditions set forth other workers in the permit petition that the employer filed Commonwealth’s workforce based on behalf of such worker.income tax filings with the Commonwealth for the tax year.

changed “(iv) Revocation“(ii) By GAO—Not later than December 31, 2019, and biennially thereafter, the Comptroller General of the United States shall submit a report to the Chair and Ranking Member of the Committee on Energy and Natural Resources of the Senate, the Chair and Ranking Member of the Committee on Natural Resources of the House of Representatives, the Chair and Ranking Member of the Committee on Health, Education, Labor, and Pensions of the Senate and the Chair and Ranking Member of the Committee on Education and the Workforce of the House of Representatives that identifies the ratio between United States workers and other workers in the Commonwealth’s workforce during each of the previous 5 calendar years.

changed “(I) In general—The Secretary may revoke a permit approved under this paragraph if—“(D) Petition; issuance of permits

changed “(aa) the “(i) Submission—A prospective employer fails to maintain the continuous employment of the subject worker, fails to pay the subject worker, or commits any other violation of the terms and conditions of employment; ormay submit a petition for a permit under this paragraph not earlier than—

changed “(bb) the beneficiary of such petition does not apply for a visa within 60 “(I) 120 days after before the approval of such petition.date on which the prospective employer needs the beneficiary’s services; or

changed “(II) Use of revoked petition—A revoked petition under this paragraph shall be immediately available for use within if the same fiscal year petition is for which the petition was approved and shall renewal of an existing permit, not be further counted against earlier than 180 days before the numerical limit for that year.expiration of such permit.

changed “(v) Legitimate business“(ii) Employment verification—The Secretary shall establish a system for each employer of a Commonwealth Only Transitional Worker to submit a semiannual report to the Secretary and the Secretary of Labor that provides evidence to verify the continuing employment and payment of such worker under the terms and conditions set forth in the permit petition that the employer filed on behalf of such worker.

changed “(I) In general—A prospective employer that is not a legitimate business may not be granted a petition.“(iii) Revocation

added “(I) In general—The Secretary, in the Secretary’s discretion, may revoke a permit approved under this paragraph for good cause, including if—

added “(aa) the employer fails to maintain the continuous employment of the subject worker, fails to pay the subject worker, fails to timely file a semiannual report required under this paragraph, commits any other violation of the terms and conditions of employment, or otherwise ceases to operate as a legitimate business (as defined in clause (iv)(II));

added “(bb) the beneficiary of such petition does not apply for admission to the Commonwealth by the date that is 10 days after the period of petition validity begins, if the employer has requested consular processing; or

added “(cc) the employer fails to provide a former, current, or prospective Commonwealth Only Transitional Worker, not later than 21 business days after receiving a written request from such worker, with the original (or a certified copy of the original) of all petitions, notices, and other written communication related to the worker (other than sensitive financial or proprietary information of the employer, which may be redacted) that has been exchanged between the employer and the Department of Labor, the Department of Homeland Security, or any other Federal agency or department.

added “(II) Reallocation of revoked petition—Notwithstanding subparagraph (C), for each permit revoked under subclause (I) in a fiscal year, an additional permit shall be made available for use in the subsequent fiscal year.

added “(iv) Legitimate business

added “(I) In general—A permit may not be approved for a prospective employer that is not a legitimate business.

“(II) Defined term—In this clause, the term legitimate business means a real, active, and operating commercial or entrepreneurial undertaking that the Secretary, in the Secretary’s sole discretion, determines—

“(aa) produces services or goods for profit, or is a governmental, charitable, or other validly recognized nonprofit entity;

“(bb) meets applicable legal requirements for doing business in the Commonwealth;

added “(cc) has substantially complied with wage and hour laws, occupational safety and health requirements, and all other Federal, Commonwealth, and local requirements related to employment during the preceding 5 years;

added “(dd) does not directly or indirectly engage in, or knowingly benefit from, prostitution, human trafficking, or any other activity that is illegal under Federal, Commonwealth, or local law; and

added “(ee) is a participant in good standing in the E-Verify program;

added “(ff) does not have, as an owner, investor, manager, operator, or person meaningfully involved with the undertaking, any individual who has been the owner, investor, manager, operator, or otherwise meaningfully involved with an undertaking that does not comply with item (cc) or (dd), or is the agent of such an individual; and

added “(gg) is not a successor in interest to an undertaking that does not comply with item (cc) or (dd).

added “(v) Construction occupations—A permit for Construction and Extraction Occupations (as defined by the Department of Labor as Standard Occupational Classification Group 47–0000) may not be issued for any worker other than a worker described in paragraph (7)(B).”

removed “(cc) has substantially complied with wage and hour laws, occupational safety and health requirements, and all other Federal requirements related to employment during the preceding 5 years; and

removed “(dd) does not directly or indirectly engage in prostitution, human trafficking, or any other activity that is illegal under Federal or Commonwealth law.

removed “(vi) Construction occupations—A permit for Construction and Extraction Occupations (as defined by the Department of Labor as Standard Occupational Classification Group 47–0000) may only be issued to extend a permit that was first issued before October 1, 2015.”

changed “(7) CW–3 workersRequirement to remain outside of the united states

changed “(A) Designation—The Secretary shall designate an alien admitted under this subsection In general—Except as a CW–3 worker if the alien—provided in subparagraph (B)—

changed “(i) was admitted to the Commonwealth as a permit for a Commonwealth Only Transitional Worker during fiscal year 2014 and every subsequent fiscal year beginning before the date of the enactment of the Northern Mariana Islands U.S. Workforce Act; andWorker—

changed “(ii) is otherwise admissible.“(I) shall remain valid for a period that may not exceed 1 year; and

changed “(B) Permit“(II) may be renewed for not more than 2 consecutive, 1-year periods; and

changed “(i) In general—Each CW–3 worker shall be deemed to have met “(ii) at the foreign labor certification requirement under paragraph (2) and, upon application, shall expiration of the second renewal period, an alien may not again be issued eligible for such a permit to remain in until after the Commonwealth during alien has remained outside of the 3-year United States for a continuous period beginning on the date of at least 30 days prior to the enactment submission of the Northern Mariana Islands U.S. Workforce Act.a renewal petition on their behalf.

changed “(ii) Renewal—The permit issued under clause (i) may be renewed in 3-year increments “(B) Long-term workers—An alien who was admitted to the Commonwealth as a Commonwealth Only Transitional Worker during fiscal year 2015, and during every subsequent fiscal year beginning before the transition period described in subsection (a)(2) if date of the alien remains outside enactment of the United States Northern Mariana Islands U.S. Workforce Act, may receive a permit for a continuous Commonwealth Only Transitional Worker that is valid for a period of that may not less than 30 days exceed 3 years and may be renewed for additional 3-year periods during the 180-day period immediately preceding transition period. A permit issued under this subparagraph shall be counted toward the numerical cap for each such renewal.fiscal year within the period of petition validity.”

removed “(iii) Numerical limitation—Each permit issued under clause (i) shall count against the annual numerical limitations set forth in subparagraphs (C) and (D) of paragraph (3).

removed “(C) Roster—The Secretary shall maintain a roster of aliens in this category.

removed “(D) Fee—Employers of CW–3 workers shall be subject to the annual education fee under subsection (a)(6).

removed “(8) Requirement to remain outside of the united states—Except as provided in paragraph (7), the permit for a Commonwealth Only Transitional Worker may not be renewed for more than 2 consecutive years. An alien may not again be eligible for such a permit until after the alien has remained outside of the United States for a continuous period of not less than 30 days.”

“(i) Definitions—In this section:

changed “(1) Allocation year—The Commonwealth—The term allocation year Commonwealth means the fiscal year immediately following Commonwealth of the current year.Northern Mariana Islands.

changed “(2) Commonwealth—The Commonwealth only transition worker—The term Commonwealth Only Transition Worker means an alien who has been admitted into the Commonwealth of under the Northern Mariana Islands.transition program and is eligible for a permit under subsection (d)(3).

changed “(3) Commonwealth only transition worker—The Governor—The term Commonwealth Only Transition Worker Governor means an alien who has been admitted into the Commonwealth under the transition program for Governor of the purposes Commonwealth of a permit provided under subsection (d)(3).the Northern Mariana Islands.

changed “(4) Current year—The Secretary—The term current year Secretary means the fiscal year in which an allocation is determined for the allocation year.Secretary of Homeland Security.

changed “(5) Domestic worker—The Tax year—The term domestic worker tax year means any worker who is—the fiscal year immediately preceding the current fiscal year.

changed “(A) a “(6) United States worker; orworker—The term United States worker means any worker who is—

changed “(B) “(A) a citizen of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic national of Palau (known collectively as the “Freely Associated States”) who has been lawfully admitted to the United States pursuant to—States;

added “(B) an alien who has been lawfully admitted for permanent residence; or

added “(C) a citizen of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau (known collectively as the “Freely Associated States”) who has been lawfully admitted to the United States pursuant to—

“(i) section 141 of the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia (48 U.S.C. 1921 note); or

removed “(ii) section 141 of the Compact of Free Association between the United States and the Government of Palau (48 U.S.C. 1931 note).

removed “(6) Governor—The term Governor means the Governor of the Commonwealth of the Northern Mariana Islands.

changed “(7) Secretary—The term Secretary means “(ii) section 141 of the Secretary Compact of Homeland Security.Free Association between the United States and the Government of Palau (48 U.S.C. 1931 note).”

removed “(8) Tax year—The term tax year means the fiscal year immediately preceding the current year.

removed “(9) United States worker—The term United States worker means any worker who is—

removed “(A) a citizen or national of the United States; or

removed “(B) an alien who has been—

removed “(i) lawfully admitted for permanent residence;

removed “(ii) admitted as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157); or

removed “(iii) granted asylum under section 208 of such Act (8 U.S.C. 1158).”