Few CW petitions trigger concerns

Many employers are still confused and unsure about the information they have on the Commonwealth-only worker petition process, resulting in less than 3 percent of foreign workers who have so far been petitioned for CW status as of Nov. 4.

Of the estimated 13,399 foreign workers who are “potentially eligible” for Form I-129CW petitions, only 366 have so far been petitioned by their employers.

This leaves an estimated 10,000 more foreign workers who have yet to be petitioned by their CNMI employers, barely two weeks before the Nov. 27 deadline.

DHS, in its final worker rule published on Sept. 7, said that “a total of 13,399 foreign workers are potentially eligible for CW status.”

David Gulick, USCIS district director, said yesterday he’s “concerned” that only a few beneficiaries have so far been petitioned for CW status by employers.

“Yes I’m concerned that’s why we’re here, that’s why I’m back,” he told reporters.

Gulick, along with immigration services officer Diane Zedde, began yesterday a three-day session for employers on the filing of Form I-129CW, hoping to help as many employers as possible fill out the form in petitioning their foreign employees ahead of the deadline.

Over 80 employer representatives attended yesterday’s session, wherein audience members were able to ask questions about the filing process.

A second USCIS session will be held today from 10am to 12pm at the American Memorial Park auditorium, and Gulick hopes that employers with questions and concerns about the form will attend. The last session will be held tomorrow.

Gulick said that “based upon generic figure,” they are estimating between 8,000 and 12,000 foreign workers to be eligible for CW.

“We only had filings for 366 people,” he said, as of Nov. 4. “Apparently there’s still a lot of confusion.”

The number of petitions filed for 366 beneficiaries is way surpassed by the now “close to 3,000” parole extensions.

Gulick went over every page of Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker, to help guide employers in completing the form for submission to the California Service Center. He also answered questions posed by employers.

One petition could cover more than one foreign worker if the workers have the same job classification and location, among other things.

Employers and document handling service firms interviewed yesterday confirmed that they have not filed CW petitions yet for their foreign workers because of confusion, and their need to obtain more information.

Josie Reyes, processing agent at Sunflower Marketing Corp., an accounting and document handling services business, said USCIS’ session yesterday was “very helpful” for those who attended it, especially because Gulick “went over the form page by page.”

“We got so many clarifications,” Reyes told Saipan Tribune. She said after the USCIS session, they are now more prepared and confident in filing the Form I-129CW for their clients.

Reyes said they and other employers initially thought, for example, that employers are required to submit employees’ police clearance, photographs, and copies of diplomas, transcript of records and proof of educational attainment-and these turned out not to be needed.

Dr. Ike Dela Cruz, former secretary of the Department of Lands and Natural Resources, said he has yet to petition his foreign workers for a CW because he felt he needed more information on filling up the form.

He has three foreign workers for his business, Ike’s House and Land Rental and Construction, Farming and Fishing.

“Maybe I will be back again [today] for the USCIS session, and then I will be ready to file the petitions, just to be sure about the filing,” he said.

He said he just learned about the USCIS session yesterday morning, when his wife read the newspaper. Dela Cruz said he will personally file the form, instead of availing of the services of a document handling firm.

Some document handling firms on Saipan charge $150 to $200 per employee covered by a CW petition they help file on behalf of employers. Some charge less, while others charge more.

Steve Jang, owner of Rainbow Color and the soon to be launched Gentle Care Home Health Care agency, said he already knows much about the CW petition process but it’s always good to “learn more” about it.

“It’s always nice to come out, learn more, and listen to other peoples’ concerns. What USCIS has been doing is definitely beneficial to employers. It’s better to hear information directly from USCIS,” he said.

Jang said employers should make it a point to attend the USCIS sessions to be able to file the forms themselves instead of paying others to do it for them.

“The form is pretty much straightforward. If you listen carefully to USCIS, you can fill out the form and submit it yourself,” he said.

Maribel Bulong, manager at Saipan Zoo, said she’s thankful for USCIS’ clarifications on a lot of issues related to the filing of Form I-129CW.

“We’re now more prepared and confident about submitting the petitions,” she said. “We were able to get clarifications. For example, we learned that police clearance and photos are not really required.”

Joy Sanchez, manager at Marianas Medical Center, said they were supposed to file the CW petitions yesterday but decided to hold off on it until they’re able to attend the USCIS session.

She said Marianas Medical Center is about to file six petitions for nine beneficiaries, plus two dependents.

Angie Mamaril, accountant at Hardt Eye Clinic, said the USCIS session will help them file this week six petitions for 10 beneficiaries plus one dependent.

Besides the USCIS sessions at the American Memorial Park, Gulick said there will also be “webinars” or public session via web conferencing on Thursday, Friday, and Saturday.

Gulick reminded employers to follow the instructions in filing Form I-129CW, answer the form the best they can, make sure the checks are correct, and file the petitions before Nov. 28, among other things.

He said the USCIS California Service Center will be ready to handle a surge in the number of petitions to be filed close to the deadline.

“Even if we have 10,000 envelopes on Nov. 29 to open up.they [Service Center] would be prepared for it,” he said.

At yesterday’s session, Gulick reiterated that those whose H1B application has been denied can be petitioned for CW but such petition should be filed immediately.

“That’s our best answer at the moment,” he added.

At the session, Gulick said employers should respond to request for evidence immediately upon receipt of the notice. If employers fail to promptly comply with the request, they will have to start over again with their petition for that particular beneficiary or petition.

The final rule governing foreign workers in the CNMI, published in the Sept. 7 Federal Register, creates a Commonwealth-only worker (CW) status that will allow foreign workers to remain in the CNMI until the end of the transition period on Dec. 31, 2014.

A foreign worker should already have a CW permit-or their application should already be in process by Nov. 27, 2011, or they could face deportation.

A CW petition is filed by employers on behalf of foreign workers who are not eligible for H1B and other INA visa or classifications.