Nov. 1 is new CW-1 deadline

The mass exodus of foreign workers under the CNMI-Only Transitional Worker program may have been averted after U.S. Citizenship and Immigration Services announced in the wee hours of Wednesday morning a 30-day reprieve to allow companies to submit their CW extension applications.

USCIC announced it would be considering eligible CW-1 renewal applications even if the agency receives the petition after the CW permit has already expired.

In a statement providing guidance for filing CW-1 petitions seeking an extension of status, or renewal, the federal agency said that they will be considering the request even if it is received after the CW-1 petition’s validity expires.

Had USCIS not granted the extension, the work permits of almost all foreign workers in the CNMI would expire on Sept. 30, 2019. That would require them to exit the CNMI and await the approval of their work permits in their home country, which could take weeks or months away from work.

The new deadline of Nov. 1, 2019, would only take effect if the specific petition is properly filed and includes an approved Temporary Labor Certificate with a starting date on or after Oct. 1, 2019; if USCIS receives the petition no later than 30 days after the date of TLC approval or before Nov. 1, 2019, whichever is earliest; and if the expiration date of the currently approved petition is on or after Sept. 1, 2019.

“If an employer files [a CW renewal] meeting these requirements, the CW-1 worker may continue employment with the same employer for up to 240 days beginning on the expiration of the authorized period of stay, pending adjudication of the petition,” USCIS noted in its announcement, adding that this would include cases where there is a change of employer and USCIS adjudication is pending.

“USCIS is providing this one-time, limited accommodation to facilitate the initial implementation of the new requirement that CW-1 petitions with employment start dates on or after Oct. 1, 2019, include a Temporary Labor Certification [or TLC] approved by the U.S. Department of Labor,” USCIS announced in a statement.

USCIS would normally reject the renewal of a worker’s nonimmigrant status if it were filed after a worker’s nonimmigrant status expires. New USDOL regulatory requirements would only let USCIS accept CW-1 petition renewals for fiscal year 2020 with an approved TLC from the labor agency.

The TLC, which has to be issued by USDOL, is a new process and the timeline for getting it remains unknown and mostly varying per case, causing an unanticipated delay in CW-1 renewal processing times for fiscal year 2020.

“…USCIS has the discretionary authority to excuse a late filing for [CW renewal] petitions on limited circumstances. USCIS has determined that it is appropriate on a one-time basis, to exercise its authority to excuse late filings of CW-1 petitions,” USCIS said.

Citing the USDOL data, Delegate Gregorio Kilili C. Sablan (Ind-MP) noted in a statement yesterday that there are 2,536 applications for TLCs, covering 7,217 workers, that are still pending as of Monday.

In a social media post yesterday, Gov. Ralph DLG Torres acknowledged that “it has been a difficult time for everyone. I am…thankful to the U.S. Department of Homeland Security and the White House for their acceptance of our proposal for relief. The countless phone calls and meetings that have occurred over the past month with our federal partners have paid off,” he said.

Torres earlier asked USCIS acting director Ken Cuccinelli for an extension in a letter dated Aug. 26, 2019, after informing Cuccinelli that several employers on Saipan have reported a delay in USDOL processing.

Despite this grant of a temporary extension to qualified extension petitions, Torres recognizes that there is “much more to do.”

“…I am asking the entire business community to work diligently and submit every document needed on a timely basis,” he said. “My office and the CNMI Department of Labor stand ready to assist anyone that needs additional information and assistance.”