USCIS reaches CW-1 cap

Gov. Ralph DLG Torres plans to continue pushing for the recommendations his office made to Washington, D.C. officials regarding the CNMI’s labor needs.

Torres emphasize this after the CNMI-Only Transitional Worker (CW-1) cap for fiscal year 2018 was again reached last week, less than five months before the fiscal year actually begins. The fiscal year starts on Oct. 1.

This is the third straight fiscal year that the numerical limit was reached.

U.S. Citizenship and Immigration Services announced on May 25 that they had already received an enough number of CW-1 petitions—the 12,998 numerical limit—for transitional workers for the coming fiscal year. USCIS has yet to release the FY 2018 cap as required by law, which would be less than 12,998.

In a statement, Torres, said that reaching the CW-1 cap for the next fiscal year has a big impact on the CNMI’s economy.

“The administration would like to reiterate and emphasize that reaching the USCIS CW cap will affect critical developments to the CNMI economy.”

“Ongoing efforts with federal counterparts to mediate labor shortages are needed immediately to continue the growth of the [CNMI] economy and provide jobs to our residents.”

Torres has previously suggested that the CNMI be included in the whole CW-1 process of controlling the allocation of the numbers, from the submission of the workers’ petition to the granting of either a renewal or the new application.

“In late October, along with the business community and in dialogues during 902 talks, the administration continues to work with [Delegate Gregorio] Kilili [C. Sablan] (Ind-MP) and USCIS to alleviate the economic and humanitarian consequences that will arise and continue to until our federal partners allow for needed legislation to be enacted.”

“Until we get some level of control in this process, the cap will be consistently reached, limiting labor for the existing economy and affecting our long-term guest workers,” Torres added.

Being capped out means that workers whose petitions have not been accepted and approved by USCIS will have to leave the Commonwealth and await the adjudication of their petitions in their home countries.

The CW-1 visa program has one fiscal year left; it is scheduled to end on Dec. 31, 2019.

In a report released on May 19, the U.S Government Accountability Office stated that ending the program would have a negative impact on the CNMI economy.

Torres said they would continue to monitor the current situation and prepare for the effects of the recent development. “We will exhaust all possible options until our recommendations are heard and labor needs have been addressed. We will continue to provide updates as we monitor the effects of this announcement closely.”

Situation justifies GAO report

Rep. Angel A. Demapan (R-Saipan) echoed the same sentiment, adding that the cap being reached early justifies the GAO’s report that the CNMI would still need foreign workers, especially with Saipan continuing to improve its economy.

“Reaching the cap again this early only justifies what the GAO concluded, that our economy is growing but such growth cannot be achieved without foreign labor workers to support the limited number of U.S. citizen workers available in the CNMI,” said Demapan.

Economic activity has yet to improve on Tinian and Rota. There are projects lined up for both islands but they have yet to start.

He added the situation has a domino effect in the community. “This drastically affects businesses because as long as they don’t have the workforce they need, our economy cannot grow. And if our economy can’t grow, essential public services are compromised.”

Demapan said the CNMI relies on a robust economy that translates to more revenues for the government so it could deliver basic services like paying the retirees’ pensions, providing funds for medical referrals, hiring more law enforcement personnel, and investing in education.

He added that a long-term solution is needed for the CNMI’s workforce issues since House Resolution 339, reintroduced by Sablan in the 115th Congress, only provides short-term relief.

“This is exactly why I was very concerned that HR 339 was only limited to [fiscal year] 2017 when we know fully well that the same challenges will arise in [fiscal year] 2018. That day has come, four months before [fiscal year] 2018 even begins,” Demapan said.

Use other work visas

Sablan again reminded employers to avail of other visa classifications that will allow them to keep their foreign laborers. He also encouraged businesses to continue hiring and training U.S. eligible workers.

“[USCIS] informed me that it has received enough CW-1 petitions to reach the cap on the CNMI-Only Transitional Worker visas for [fiscal year] 2018, which begins on Oct. 1,” said Sablan.

“This announcement once again reminds us that we must make every effort to recruit, train, and hire U.S. workers, help existing foreign workers adjust their status so they can remain in the Marianas, and use other worker visas, such as the unlimited H-2B visa, to provide the labor our economy needs.”

He added USCIS would continue to reduce the numerical cap until the program ends in 2019. “Although the [fiscal year] 2018 cap has not yet been set by law, it must be less than the 12,998 workers permitted for [fiscal year] 2017.”

“So even applications received before May 25 may not be issued CW-1 permits. The law currently requires the CW program to end in 2019,” he added.

USCIS to provide more info

USCIS said they would issue more information in the coming days to provide guidance to all employers and their CW-1 workers. “We will issue subsequent guidance when the [fiscal year] 2018 cap is set and when we are able to announce the final receipt date.”

“Because the final receipt date will depend on the [fiscal year] 2018 cap, it is also possible that USCIS will not accept some petitions received on or before May 25, 2017,” USCIS added in a statement last week.

They said they would reject all CW-1 petitions that they received on or after May 26 that requests an employment start date before Oct. 1, 2018. “We will reject CW-1 petitions we received on or after May 26, 2017, that request an employment start date before Oct. 1, 2018.”

This includes CW-1 petitions for extensions of stay that are subject to the CW-1 cap. The filing fees will be returned with any rejected CW-1 petition. “If we reject an extension petition, the beneficiaries listed on that petition are not permitted to work beyond the validity period of the previously approved petition,” the statement added.

Affected CW-1 workers and their CW-2 family members must exit the CNMI within 10 days before their CW-1 visa expires. They are allowed to remain in the CNMI if they have other documents that authorize their stay under U.S. immigration laws.

Extension and new employment are the petitions included in the CW-1 numerical limit.

“All CW-1 workers are subject to the cap unless the worker has already been counted toward the cap in the same fiscal year. The U.S. government’s fiscal year begins on Oct. 1 and ends on Sept. 30. The CW-1 cap does not apply to CW-2 derivative family members,” USCIS added in the statement.