CW cap issue back to haunt NMI

The CNMI is facing the same dilemma it faced a few months ago after the numerical limit of the CNMI-Only Transitional Worker nonimmigrant visa or CW program for fiscal year 2017 has been reached. U.S. Citizenship and Immigration Services cut the fiscal year 2017 cap by one, from 12,999 to 12,998 early last month.

USCIS, on Friday, released information that the numerical limit of 12,998 workers who may be given CW-1 visas for fiscal 2017 has been reached. USCIS set Oct. 14 as the deadline for them to receive CW-1 worker petitions for renewal; all applications sent after that will now be rejected and the filing fees returned.

Gov. Ralph DLG Torres, who is still in Nevada to attend several meetings and is expected to be back tomorrow, said in an email that the numerical limit being reached would again impact the CNMI. The announcement of the cap being reached three weeks into this fiscal year will have dramatic effects on the CNMI economy.

“[It] underscores the need to increase our collective efforts to alter the law to allow our economy to continue its growth, strengthen government services, and provide jobs to our residents. Until we get some level of control in this process, the cap will be consistently reached, limiting labor for the existing economy and affecting our long-term guest workers,” said Torres.

Torres met with the Asian Americans and Pacific Islanders Advisory Committee in Las Vegas and also talked to Nevada gaming officials on issues related to the casino industry, which is new on Saipan.

He said he would continue to work closely with Delegate Gregorio Kilili C. Sablan (Ind-MP) and USCIS in finding ways to limit the economic and humanitarian impacts that are about to happen in the coming months.

“While our options may be limited, it is important for us to look into all available options for our people and the economy. We will continue to provide updates as we monitor the effects of this announcement closely,” said Torres.

Saipan Chamber of Commerce president Velma Palacios said they had predicted the CNMI would reach the numerical limit quicker than expected. “We are still hopeful the [Torres] administration and [Delegate] Sablan would be able to push forward the increase to 18,000. It has not been a month since fiscal 2017.”

“We predicted we would be right back to where we started when USCIS announced we reached the fiscal 2016 [cap]. We need immediate relief, as this issue will continue to impact the CNMI’S economy,” said Palacios.

She added the issue affects the entire Commonwealth. “All businesses have been affected and continue to be. How are we able to support the ongoing development without a workforce? We all need to work together on this issue [since] it is not only a business community issue but affects us all.”

Adverse effects

Rep. Angel A. Demapan (R-Saipan), the House Federal and Foreign Affairs committee chair, said CNMI businesses have been gravely affected by worker shortage after the delays they faced in processing CW-1 visas early this year. And the CNMI is back to the same issue it faced in the final months of fiscal 2016.

“This is extremely disappointing, especially at a time when CNMI leaders have been prodding the Obama administration and the U.S. Congress about the urgent need to recalculate the cap based on ongoing economic developments. As long as our concerns continue to fall on deaf ears in Washington, we will all feel the pain—employers and employees alike,” Demapan said.

U.S. Public Law 110-229 or the Consolidated Natural Resources Act of 2008 states in Title VII Sec. 701 (a)(2) that the U.S. Congress intends to minimize “to the greatest extent practicable, potential adverse economic, and fiscal effects of phasing-out the Commonwealth’s nonresident contract worker program and to maximize [its] potential for future economic and business growth.”

Demapan added the policies, however, contradict Congress’ intentions. “What we are seeing now are policy decisions that contradict the intent of Congress. This is also why I believe that USCIS needs to allow the CNMI Department of Labor to participate in the CW process. CNMI DoL, not USCIS, knows the businesses in the Commonwealth and can greatly assist in determining which CW-1 petitions need to be approved.”

He said that they continue to encourage businesses to avail of the local workforce. “Nonetheless, I continue to encourage businesses to search for qualified U.S.-eligible workers and if it continues to be difficult for businesses to find such U.S.-eligible workers, we can compile that data to show that the labor pool is simply not within reach.”

“With our economy showing promising signs of improvement, we must continue working toward a comprehensive plan to effectively manage the pace of economic development in the Commonwealth.”

USCIS policy

According to USCIS’ website, the beneficiary of a rejected petition for extension is not allowed to work beyond the previously approved CW-1 visa’s validity period. The affected beneficiary, including any CW-2 dependents, must leave the CNMI not longer than 10 days after the CW-1 has expired. They would be allowed to remain in CNMI provided they have other documents that would authorize their stay under U.S. immigration laws.

Extension of stay and new employment are the petitions subject to the CW-1 cap, which does not apply to CW-2 dependents. All CW-1 workers are under the numerical limit for every fiscal year unless the employee has already been counted toward the cap in the same fiscal year, which begins every Oct. 1 and ends every Sept. 30.

USCIS encourages employers that have CW-1 workers to file their petition six months in advance of the start date and do it as early as possible. USCIS, however, will reject petitions filed more than six months in advance.