CNMI Delegate Kimberlyn King‑Hinds is urging the U.S. Department of Justice to issue immediate guidance on what documents employers may rely on to verify the work eligibility of CNMI Long‑Term Residents whose Employment Authorization Documents have expired.
In a June 5 letter to Assistant Attorney General Harmeet K. Dhillon, King‑Hinds said delays and rejections in the first renewal cycle for C37 EADs have left many Long‑Term Residents with expired cards despite remaining legally authorized to work. USCIS has confirmed that Long‑Term Residents “remain employment authorized incident to status,” but also said an expired EAD is no longer valid evidence of that authorization.
CNMI Long‑Term Residents are foreign nationals who have lived in the Commonwealth since before federalization in 2009 and were granted humanitarian status under Public Law 116‑24. The status allows them to live and work indefinitely in the CNMI, and a 2020 DOJ memo affirmed they are considered lawfully admitted “with work authorization” as long as they continue residing in the islands.
King‑Hinds said the conflicting federal positions leave employers exposed. “If the individual remains authorized to work by law, but the employer has no clear document it may rely on, then the worker is employment authorized in theory while the employer may still face legal exposure,” she wrote.
She asked DOJ to recognize continued work authorization and identify temporary documentation employers may accept in good faith, including proof of CNMI Resident status, an expired C37 EAD, evidence of a filed or attempted renewal, and a sworn attestation of continued CNMI residence. She also requested assurances that employers who follow DOJ guidance will not face sanctions.
King‑Hinds said clear direction is needed to prevent unnecessary job loss and to protect both workers and the businesses that rely on them.
