Kilili, USCIS working to remedy delay

A 48-year-old wait staff at a restaurant is having sleepless nights as his CW-1 permit has yet to be adjudicated by U.S. Citizenship and Immigration Service less than a month before his current permit expires on Dec. 31, 2015.

Sonny (not his real name) is one of probably hundreds of CW-1 permit holders who are on pins and needles waiting for USCIS’ decision on their renewal permits.

Under USCIS rules, a CW-1 permit holder should stop work immediately after his permit expires. But Sonny, who hails from the Philippines, said that stopping from work is not an option as the father of six has living expenses to meet.

“Are we just going to stop eating and using electricity? How about the rent in our apartment and payment of utilities? How are we going to pay for gas for our cars? Who’s going to pay for all of that? And besides it’s Christmas and the New Year. I really hope USCIS approves my permit soon,” he told Saipan Tribune.

For many businesses such as hotels, the idea of stopping as much as a third of their workforce from working on one of the busiest nights of the year, Dec. 31, is also not an option.

As of Dec. 1, 2015, USCIS has approved a total of 9,195 beneficiaries under the CW-Only Nonimmigrant Transitional Worker program and denied 1,092.

The 9,195 counts against the 2015 cap of 12,999 set by the USCIS earlier in the year.

Delegate Gregorio Kilili C. Sablan (Ind-MP) said he is aware of the anxiety not only on the part of CW-1 permit holders but their employers as well. He said a number of businesses have already approached him about the delay in the issuance of CW-1 renewal permits.

“The congressional office continues to work with employers who come seeking our help with their CW visa petitions. I cannot name the companies or petitioners because when anyone comes to us for assistance, their case is treated with complete confidentiality,” he told Saipan Tribune in an email.

He also confirmed what USCIS told Saipan Tribune about the current number of approved and denied CW-1 petitions. “And I can report that there were 9,195 CW visa beneficiaries as of December 1, 2015.”

Sablan said the high number of approvals would mean that USCIS has adjudicated majority of the CW-1 permit petitions.

“I cannot provide you with an answer to your general statement that a lot of CW workers have stopped working because while not all 9,195 are CW-1 visas, this number of beneficiaries of CW visas certainly reflects that most petitions are approved.”

Sablan said he continues to push for solutions to help the CNMI, its businesses, and contract workers from the annual drama of looking at their permit deadlines in the calendar without the permit approvals in sight.

“I have also written to [Department of Homeland Security] Secretary [Jeh C.] Johnson urging his approval of the Proposed Rule, Enhancing Opportunities for H-1B1, CW-1, and E3 Nonimmigrants and EB-1 Immigrants, which would have provided a 240-day grace period for Departmental action on petitions reviews,” he said.

Sablan had proposed to DHS to have CW-1 workers be allowed to continue working for up to 240 days or eight months while their CW permit renewal applications are being processed.

Saipan Chamber of Commerce president Alex Sablan said the delay in the adjudication of CW-1 permits is unfortunate and that many Chamber members are worried about its impact on businesses once the clock strikes midnight on Dec. 31, 2015.

On his own, Sablan surmises that the reasons for the delay in the issuance of CW-1 renewals could be: USCIS waiting for the cap on CW-1 permits that now stand at 12,999; delay in the decision to extend the CW program after Dec. 31, 2014; and the jump in applications for CW permits because of new developers such as Best Sunshine International, Ltd., Honest Profit, and Alter City Group.

Sablan said one solution is to have businesses petition qualified workers for U.S. visa categories other than CW-1 or have companies that need temporary workers apply for temporary visa status.

Reyes Reyes, founding president of Marianas Advocates for Humanitarian Affairs Ltd., said he is calling not only on Sablan but the administration of Gov. Eloy S. Inos and the entire business community to find a solution to the impending crisis out-of-work contract workers will experience because of their expired CW-1 permits.

“Some have already stopped working. They don’t want to name their companies because of fear that they would not be allowed to return to work once their permits are approved. Their concern is what will happen to their financial situation especially with the holidays approaching. It’s almost Dec. 31 and they will be losing their status. Most of these workers I talked to also have U.S. citizen children, so the children will suffer.”

Reyes said that local businesses would also stand to lose a lot with the absence of experience, skilled, and long-term foreign workers.

“What will happen to local businesses? They will be losing skilled workers as well as experienced CWs. Their operations will be paralyzed. It’s a pity because the economy is growing while the workforce is decreasing.”

He also requested USCIS to give some clarification on the whole situation and provide updates on why they are having delays in the processing of CW-1 permits.

“We’re calling also on the USCIS. We understand the backlogs but at least give some positive words to all concerned employees and employers so it will not create panic,” he said.