USCIS eyes lottery for CW permits

U.S. Citizenship and Immigration Services announced yesterday it is going to weigh using a lottery system for the issuance of CW permits for fiscal year 2019.

The number of CW permits allowed in fiscal year 2019 is capped at 4,999.

Employers in the CNMI use the CW-1 program, officially called the CNMI-Only Transitional Worker program, to employ foreign workers.

According to the federal agency, they would be accepting applications for CW petitions starting April 2, 2018, up to April 12, 2018.

This period would be used to determine if USCIS would use the lottery system or not. The lottery system is ostensibly to “ensure fairness to CNMI employers.”

However, regardless of the system USICS chooses to use in issuing CW-1 permit applications, the federal agency made clear that it would be starting to receive applications from April 2, 2018, onwards.

“Since USCIS expects to receive more petitions than the number of CW-1 visas available for [fiscal year] 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded,” the statement said. “The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.”

USCIS might, according to the announcement, conduct the lottery with only the petitions received on the last day of the 10-day period before the 4,999 cap is met after the initial 10 days.

The USCISC statement said it would announce whether or not a lottery system would be used and when the cap is met.

‘Hire as many US workers as you can’

A statement from the administration of Gov. Ralph DLG Torres said the governor has long asked for a system providing “greater fairness to employers seeking a CW-1 permits.”

“This request was in discussion during the 902 consultations and is a positive step forward to ensure all businesses are given a fair opportunity to compete for the limited available labor pool,” said a statement from the administration, adding that Torres continues to talk with USCIS officials.

“The governor is proud of the work that leaders of our private sector and our small businesses have done toward hiring and training U.S. workers and encourages all employers to seek out and hire as many U.S. workers as they can,” the statement said.

The statement pointed out that the need for workers is vital to maintain the viability of the CNMI economy, while adding that Torres remains appreciative of U.S. Sen. Lisa Murkowski’s (R-AK) efforts on S. 2325.

S. 2325, or the U.S. Workforce Act, seeks to reset the CW cap for fiscal year 2019 to 13,000; provide an additional three years to the validity of work permits held by long-term CW workers; and extends the CNMI transitional period, along with programs under it such as the CW program and E-2C investor program, to fiscal year 2029. Effectively, S. 2325 extends the CW program for an additional 10 years.

“The governor appreciates the hard work of Sen. Murkowski, her committee, and her staff on the Northern Mariana Islands U.S. Workforce Act and looks forward to its passage and the continuation of the CNMI’s growth and strength in the years to come as the provisions of her bill provide new and greater opportunities for our U.S. workers in our economy,” said the statement.

Murkowski is set to visit the CNMI with a congressional delegation next week but the specifics have yet to be announced.

‘Wrong decision’

In a separate statement, Delegate Gregorio Kilili C. Sablan (Ind-MP) said the 4,999 limit on CW permits for fiscal year 2019 and 2,999 for fiscal year 2020 is the “wrong decision” for the CNMI.

In a statement issued by his office in Washington, D.C., Sablan asked Homeland Security Secretary Kirstjen M. Nielsen to set aside excess applications rather than rejecting them. Sablan described the cuts as “unnecessary.”

“This would avoid the immediate economic harm, and give Congress time to send the U.S. Workforce Act [S.2325] to the President for signature into law,” he said.

Sablan pointed out that the Northern Mariana Islands U.S. Workforce Act that he and Murkowski introduced would reset the fiscal year 2019 CW cap to 13,000, the same number the CNMI had in fiscal year 2017.

“The Trump administration is taking a different approach, even though the U.S. Workforce Act, which was written by a bicameral and bipartisan working group, is moving forward in Congress.

“The U.S. Workforce Act contains incentives to bring more U.S. workers into the labor force and significant protections for U.S. workers, policies the Trump administration should support.

“But those U.S. workers are now at risk of losing their jobs, because by cutting the CW workforce in half—from the [fiscal year] 2018 cap of 9,999 to 4,999 in fiscal year] 2019—the Trump administration will cause the Marianas economy to shrink.

“During the time the U.S. Workforce Act was under development and after introduction I have communicated with the Secretary of Homeland Security, recommending that it would be pointless to harm the Marianas by cutting the 2019 cap to 4,999, when there was increasing likelihood the cap could be reset by law to 13,000.

“I regret that the decision was made to go ahead with what may be an entirely unnecessary cut. I appeal, once again, to the Secretary, at least, to hold excess applications rather than rejecting them. This would avoid the immediate economic harm, and give Congress time to send the U.S. Workforce Act to the President for signature into law.”