CW session draws questions on H1B and other INA visas

 A two-hour session on the final Commonwealth-only worker rule yesterday for at least 156 member-representatives of the Saipan Chamber of Commerce drew several questions on H1B and other kinds of nonimmigrant visas under the Immigration and Nationality Act, but some of the answers got some employers and employees worried.

For example, U.S. Citizenship and Immigration Services officials-in response to questions from the audience-said that employers cannot concurrently file an H1B and a CW application for the same foreign workers.

USCIS district director David Gulick said concurrent filing of an H1B and a CW application is not allowed “because how would you as an employer sign the attestation that you didn’t reasonably believe that this person is eligible for another classification?”

“If you think the person is an H1B, you cannot attest to the fact that you think they’re not,” Gulick said during question-and-answer at the outreach session at the Pedro P. Tenorio Multi-Purpose Center in Susupe.

USCIS, in presenting “facts” about transitional worker classification, said CNMI nonresidents will not get “green cards” or U.S. citizenship.

It also said CW status is not automatic, and does not allow someone to travel to the United States.

Svetlana Maala, from Carrier Guam Inc., said the USCIS session was an “informative” one.

“I am encouraging people to attend so they can get more reliable information than the hearsays and rumors they hear from other people. I also heard rumors that turned out to be not true, after I listened to the presentation,” she said after attending the USCIS session for the Chamber of Commerce.

Those with H1B, L1, or R1 applications, for example, whose applications have yet to be adjudicated by Nov. 27 and do not have a valid parole or status need to exit the CNMI and may only return when their petition is granted.

That’s why employees need to make their parole current, among other things.

Gulick said that employers need to file an H1B application now. In fact, employers should have started filing H1B applications since 2009, USCIS officials said.

Processing of H1B application takes weeks and months. There is no premium processing for the CNMI.

Those with pending CW application, however, can remain in the CNMI beyond Nov. 27 while their CW application-filed by their employer-is in process.

“There will be a distinction. If the person you’re filing an H1B for has a parole, I-94, and we already granted him until January 2012, they can remain while that H1B is pending and they’re applying for a grant of status,” Gulick said.

For others whose only presence in the CNMI is considered lawful based on a CNMI permit that’s expiring on Nov. 27, they also have to exit the CNMI while waiting for their H1B application to be granted.

“Just like anybody else who has an expired status in the United States, they must depart the United States,” Gulick said.

USCIS regional media manager Marie Therese Sebrechts, in an interview, said many employers in the CNMI have been working hard since 2009 to put in their H1B applications and have not waited for the last minute to file.

Some employers said filing a CW application seems to be much easier, besides being less expensive, than filing for an H1B application even though they think their employees could qualify for H1B visa.

Other employers said that, by filing a CW application, it will give them more time to prepare for an H1B filing for their employees.

But Sebrechts had this to say: “They can file for CW as long as the position is not eligible for an H1B. So you can’t file for a CW because you waited too long to apply for another category under immigration law.”

USCIS also held a session for members of the Korean community in the CNMI yesterday morning, before holding a session for Saipan Chamber of Commerce members.

USCIS also held its first public outreach session at 5pm yesterday at the American Memorial Park indoor auditorium.

The outreach sessions provide an overview of the final rule governing foreign workers in the CNMI and to answer questions from the audience.

Gulick said the public should “stay tuned” for further clarifications of some issues related to the CW rule in the coming days.

Douglas Brennan, president of the Saipan Chamber of Commerce, said USCIS was able to answer 30 of 33 questions prepared by Chamber members.

“But like everybody else, we need to further digest and clarify the answers, and get more information,” he said.

Juan Sablan, director of Martha’s Retail Store which has been in operation since 1972, said his questions were answered at the USCIS outreach session.

“All I wanted to know is how can I continue to have my workers. I have eight foreign workers-storekeepers, commercial cleaners and maintenance workers. These are positions that can easily be filled with U.S. workers. I have to advertise the positions. But I also like to maintain the workers I have now. They are reliable and honest,” he said.

USCIS encourages people to visit the following websites for more information about the CW rule: www.uscis.gov/cnmi, www.uscis.gov/cw, and www.youtube.com/user/uscis. To speak to someone in person, visit www.uscis.gov and make an InfoPass appointment.