36.8 Classification of Aliens under Section 101(a)(15)(L) and 203(b)(1)(C) of the INA [Chapter 36.8 added 11-23-2009]

\ afm \ Adjudicator's Field Manual - Redacted Public Version \ Chapter 36 Commonwealth of the Northern Mariana Islands [Chapter 36 added 11-23-2009] \ 36.8 Classification of Aliens under Section 101(a)(15)(L) and 203(b)(1)(C) of the INA [Chapter 36.8 added 11-23-2009]
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Aliens who are present in the Commonwealth of the Northern Mariana Islands (“CNMI”) on or after November 28, 2009 (“transition date”) will be considered to be present in the United States by operation of law. The following policies and interpretations shall be applied to applications and petitions where the beneficiary has been employed in the CNMI prior to the transition date and to all petitioners:

(a) Employment in the CNMI prior to November 28, 2009, will continue to be considered employment abroad for a qualifying foreign organization for all purposes under the INA.

(b) Employers in the CNMI will be considered U.S. employers on or after November 28, 2009. From the perspective of the employee of a CNMI entity, the change that occurs from foreign to U.S. will be considered to be a transfer from foreign organization to a U.S. organization.

(c) If the employer in the CNMI continues to meet the definition of a qualifying organization found in 8 CFR 214.2(l)(1)(ii)(G) in that there remains a foreign entity as required by that definition (i.e., one that is outside the CNMI/United States), the CNMI employer may petition for qualifying employees who are currently employed in the CNMI.

(d) A qualifying employee is an employee with at least 1 year of continuous employment abroad for the qualifying organization within the preceding 3 years. Therefore, if the employee’s foreign employment experience is only in the CNMI, the earliest qualifying date of employment is November 26, 2006 with the 1 year foreign experience completed by November 27, 2009. The experience will qualify if it is obtained at any time within this 3 year window.

(e) These policies also apply to petitions filed for immigrant status under Section 203(b)(1)(C) under the INA.