Kilili: ‘Touchback’ is tough for some employers, but necessary

Delegate Gregorio Kilili C. Sablan (Ind-MP) said yesterday that it’s necessary for CNMI employers to obey the requirements of the “touchback” provision of the foreign worker program because U.S. Citizenship and Immigration Services had already modified its policy on implementing it in 2020.

“This was the second time where USCIS actually did a little bit of an adjustment, an administrative remedy,” said Sablan in an interview, adding that there should be no misunderstanding anymore on the employers’ part about the provision.

He said implementing the touchback provision is going to be a tough one, but if employers don’t start doing this, it could be a problem.

“There needs to be planning not just within companies. …It’s going to be difficult but necessary,” the delegate said.

Sablan participated in a meeting between USCIS and the Society for Human Resources Management CNMI Chapter last week, in which the USCIS had a presentation on CW-1 touchback provision.

Touchback refers to a brief period when certain foreign workers are required to exit the CNMI and return to their home country. Some workers will be affected by the provision starting next year.

Sablan said he can no longer help employers make accommodations because USCIS had already made administrative remedies.

“Some people want me to just get rid of the whole law. It’s not [going to] happen. Not that I don’t want to and even if I did, it’s not going to happen. We are not going to repeal that,” he said.

Last August 2020, USCIS modified its policy on implementing the touchback requirement, so that alien workers will only be required to leave the CNMI for at least 30 days after two renewals of their CNMI-Only Transitional Worker (CW-1) visa clarification.

In modifying its policy, USCIS then only considers CW-1 petitions approved on or after June 18, 2020, when they apply the touchback.

CW-1 petitions approved on or after June 18, 2020, will be eligible for two consecutive renewal periods before having to go back to their home country.

USCIS made such change in response to stakeholder feedback and disruptions caused by the COVID-19 pandemic.

The Workforce Act required that, following the expiration of the second CW-1 renewal period, an alien may not again be eligible for a new CW-1 status until after the alien has remained outside of the United States for a continuous period of at least 30 days before the submission of a renewal petition on their behalf.

CW-1 long-term workers, as defined in the U.S. Department of Homeland Security’s interim final rule, are exempted from the department requirement.