CNMI looking at ways to ‘control’ CW-1 cap

The administration of Gov. Ralph DLG Torres is trying to find a way to assert some form of control on the CNMI-Only Transitional Worker nonimmigrant visa cap to avoid misuse; so the CNMI won’t encounter the same worker and humanitarian problems it currently is facing next fiscal year.

Torres and the CNMI delegation brought up the issue during the 902 talks in Washington, D.C. last June and again in Hawaii early this month. Another round of the talks will be held before the year ends, this time on Saipan. The date and venue will be announced at a later date.

“What we are working on right now is finding out a way where the CNMI can work toward having some control over the use of foreign workers in certain positions. So, it is a very limited cap, we have to be able to use it wisely,” the administration said.

“We are looking at regulations and trying to assess what tools are available for us to ensure that the cap is not overly used by one sector or by one occupation that could affect a wider spectrum. And we believe that there are certain tools that are available for us to do that.”

The U.S. Citizenship and Immigration Services stopped processing CW-1 applications last fiscal year after the cap was already filled last May that affected many foreign workers, who were forced to exit once their visas expired, and businesses to either close down or cut down with their operating hours.

The USCIS, last Tuesday, however, granted a 240-day extension to employees who will have expiring CW-1 visas. This means an employee whose CW-1 visa that was previously approved, had already expired can still work or stay for the next eight months while their papers are being processed again

“We’re trying to figure out how we can make this work into the next year so that when we come to this time again [in 2017], we don’t experience the same problems,” the administration added.

To properly move into other types of U.S. working visas is still the main goal of the CNMI-Only Transitional Worker nonimmigrant visa.

“There is an interest in properly transitioning into the U.S. immigration system so there are a lot of things that are available so that long-term CWs or long-term guest workers will have improved status or could do the EB visa process,” said the administration.

USCIS district director David Gullick has suggested the EB3 visa is the visa type that is applicable for foreign workers in the CNMI. The EB3 visa type, however, will take more than five years but has less stringent requirements.

The administration is again suggesting to businesses to begin applying their long-time guest workers that could be eligible for EB3 visas. “You can begin the process now in order to get a different status that is mare appropriate and more in line with the goals of U.S. Congress.”