USCIS: Lottery will likely be used

The decision whether or not to use a lottery system for giving out CW permits depends on the number of CW applications U.S. Citizenship and Immigration Services receives 10 days from April 2, 2018.

According to a USCIS representative, the agency is still weighing whether or not they would use a lottery system in approving CW permits for fiscal year 2019.

“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 lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI,” said the USCIS representative.

In response to a Saipan Tribune inquiry, USCIS said the total number of beneficiaries in the petitions received after 10 days is a major deciding factor for the lottery.

Also included in Saipan Tribune’s inquiry was how many of the 4,999 CW slots for fiscal year 2019 have already been filled. USCIS did not respond.

“USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted,” the USCIS statement added.

According to USCIS, the agency would count the total number of beneficiaries in the petitions received after 10 business days. If the number of petitions received within that period exceeds the cap, then USCIS would hold a lottery.

“We will count the number of beneficiaries included in each randomly selected petition in the order in which they were selected and continue selecting petitions until the total number of beneficiaries meets the cap. We will reject all petitions that were not selected, as well as any petitions received after the cap has been reached. We will monitor the number of petitions received and notify the public when the CW-1 cap has been met,” the statement said.

The 12,999 CW cap since fiscal year 2016 to date has been maxed out. While announced back in Oct. 22, 2015, the CW cap for fiscal year 2016 maxed out on May 5, 2016. The fiscal year 2017 CW cap of 12,998 was announced a little before October 2016 and was maxed out on Oct. 14, 2016. The fiscal year 2018 CW cap of 9,998 was announced in late November 2017, and was maxed out even before USCIS was able to announce the final cap number, according to a previous USCIS communication.