Over 1,000 CW visa petitions reviewed out of over 5,000 filed

Of the over 1,000 Commonwealth-only worker, or CW, petitions reviewed so far by U.S. Citizenship and Immigration Services, many did not contain information needed in order to make a final decision and this is one of the reasons why many foreign workers have yet to receive their CW status or permit.

This number of reviewed I-129CW petitions is just a fraction of 5,483 petitions that had entered the USCIS California Service Center database through March 7.

Mariana Gitomer, public affairs officer with USCIS, said yesterday that 11,268 CW-1 workers are sponsored on these 5,483 CW petitions.

These petitions are filed by 1,623 employers on Saipan, Tinian, and Rota.

Acting press secretary Teresa Kim said yesterday, however, that the CNMI government has received “$1.8 million in remittances” from USCIS from the $150 education funding fee paid by CNMI employers for every foreign worker they petition for a CW status.

If the remittances to the CNMI totaled some $1.8 million and is divided by $150, then there would be some 12,000 foreign workers petitioned so far. It is not known yet why the USCIS and Fitial administration figures differ.

“We are not given the number of approved filers that that number represents, but if you divide it by $150, you can figure out the numbers,” said Kim, legal counsel for the lieutenant governor.

Nevertheless, the fact remains that there are over 11,000 foreign workers still needed by CNMI employers and businesses at this time.

Employers pay $150 in education funding fee for each foreign worker they petition for a CW status as required by U.S. Public Law 110-229, which placed CNMI immigration under federal control on Nov. 28, 2009.

Gitomer said USCIS does not have data at this time for CW petition approvals and denials.

She said CW petitions are adjudicated as the biometric results become available for review and USCIS does not have a projected completion date.

“USCIS has reviewed over 1,000 petitions. Many of the petitions did not contain the information needed in order to make a final decision. Several petitions have already received a ‘Request for Evidence’ and, when a response to such request is received, the petitions will be reviewed for approval or denial,” Gitomer told Saipan Tribune in an email response to questions.

If foreign workers have not yet received their appointment for biometrics yet, they should not be concerned because, according to Gitomer, the Application Support Center is able to collect biometrics for approximately 128 people per day.

“The appointments for the biometrics collection are not scheduled more than one month in advance. Majority of the CW beneficiaries are currently waiting in queue for a biometrics appointment and will receive notification as soon as an appointment becomes available,” she said.

Jun Concillado, vice president of the United Workers Movement-NMI, said yesterday that only a few foreign workers who are members of their movement have received their CW permit or status.

“But we knew it’s going to take time for all the CW petitions to be processed and decided on, and we’re talking about over 11,000 foreign workers petitioned for CW status. Consider the advance parole application which takes weeks, how much more the over 11,000 CW petitions?” Concillado said.

He said one advance parole application, for example, was applied for on Dec. 14 and was approved and released only on Jan. 27.

“So for those whose CW petitions are still pending or who do not have biometrics appointment yet, don’t worry. We all know that USCIS is doing their best to work on all the petitions and applications before them. We just have to be patient,” Concillado added.

If and when a CW petition is denied, Gitomer said “USCIS will afford each petitioner an opportunity to demonstrate that they are eligible for the CW classification.”

“If USCIS determines that the petition may not be approved, the petitioner will receive a detailed notice explaining the reasons for denial and their appeal rights,” she added.

In cases when CW petitions are denied and employers appeal the denial, the workers cannot continue to work until the appeal process is completed.

“The decision resulting in the denial of Form I-129CW leaves the beneficiary without lawful immigration status. Absent an approved application or petition which would bestow valid immigration status upon the beneficiary, he or she would be considered present in the United States in violation of the law and would be required to depart the CNMI,” Gitomer said.

In a Q&A that USCIS released earlier, it said the administrative appeal process for Form I-129CW is consistent with other nonimmigrant classifications.

To appeal the denial of a CW-1 petition, the petitioning employer in the CNMI must file a Form I-290B, Notice of Appeal or Motion.Only the petitioning employer, not an employee, may appeal the denial. An application for a change of status or an extension of status may not be appealed if it is denied.