USCIS notice: When to amend and when to submit new I-129CW petition

In a statement yesterday, U.S. Citizenship and Immigration Service said that it has received a number of inquiries lately about amending or changing an I-129CW petition for CNMI-only transitional “CW” workers. The following should help clarify the differences.

The employer (petitioner) must submit an amended petition if there is any “material change” in the employment. Two examples of I-129CW petitions that require amended petitions are:

– Someone purchases an existing business that has employees with pending CW applications. Although the business entity is the same, the new owner must submit an amended petition if it would like to keep those workers listed on the petition.

– The job changes from part-time to full-time. If the petitioner originally advertised the job as part-time, an amended I-129CW petition would be required since the petitioner would need to demonstrate that it tried to hire a full-time worker rather than a part-time worker.

So, when there is a significant change in salary or any other form of compensation, or if the terms and conditions of employment are going to be different than what was on the original petition—the employer (petitioner) must file an amended I-129CW, whether the original petition was approved or is still pending. If the original petition is still pending, the employer should notify USCIS that it wishes to withdraw the original petition at the time it files the amended petition. To request a withdrawal of the original petition: Send a scanned copy of the letter via email to: CNMI.CSC@uscis.dhs.gov OR mail the original letter to: USCIS, California Service Center, ATTN: CW-1, P.O. Box 10698, Laguna Niguel, CA 92607-1098.

When filing an amended I-129CW, you select option “2f” in Part 2 of the petition. You must include the filing fee ($325). Do not submit another “education funding fee” ($150) or biometrics services fee ($85) if the beneficiary of the petition (the employee) is the same as the original filing and if both fees were paid with the original petition.

If you are hiring a new employee, you must submit a new I-129CW petition. A petitioner cannot “substitute” a worker on an existing petition.

You must include all the associated fees when filing a new petition.

If absolutely necessary, the employer (petitioner) may request a change from “Grant of Status” to consular notification for any beneficiary (worker) on a pending I-129CW petition without filing a new or amended petition or submitting additional fees. (This is a request to change Part 2, Number 5 of the Form from option “a” to option “b”). Normally, this change would only be necessary if the beneficiary has an urgent need to leave the CNMI.

The petitioner should submit a letter, signed by the employer indicating that the beneficiary is going to consular process instead of remaining in the CNMI for a Grant of Status. The letter should include:

– The beneficiary’s name

– The receipt number of the original petition (this is the number that begins with WAC)

Send the letter via email to: CNMI.CSC@uscis.dhs.gov as a scanned copy of the letter (preferably as a PDF) OR mail the original letter to USCIS, California Service Center, ATTN: CW-1, P.O. Box 10698, Laguna Niguel, CA 92607-1098.

NOTE: If you are requesting consular notification and would like the U.S. Department of State to be notified of the approval of the petition, you must submit a duplicate copy of the petition and all supporting documents to USCIS at the address noted above. If a duplicate copy of the petition is not provided, the beneficiary may face a delay in visa issuance abroad. [I](USCIS)[/I]