October 27, 2009
The USCIS made this great summary of the new transitional guest worker program!. From the U.S. Citizenship and Immigration Services:
Questions and Answers on Transitional Worker Program for the Commonwealth of the Northern Mariana Islands (CNMI)
Q. Who qualifies for the CNMI-only Transitional Worker status in CNMI?
A. USCIS has established a transitional worker program for foreign nationals to live and work in CNMI. Foreign nationals who are eligible for an INA-based nonimmigrant status would not be eligible. Short term visitors for business or pleasure are not eligible to obtain CW classification because such individuals are not part of the foreign work force that is the subject of this interim rule.
Q. What is the legal basis for the CNMI-only Transition Worker program?
A. Section 6(d) of Pub. L. 94-241, as amended by CNRA, directed the Secretary of Homeland Security to establish a transition program to assist CNMI employers to obtain necessary workers who are not otherwise eligible under U.S. immigration laws during the transition period.
Q. What is the purpose of the CNMI-Only Transitional Worker Program?
A. The CNMI-only Transitional Worker Program will allow foreign nationals who are not eligible for another INA-based employment authorized nonimmigrant status to perform work in CNMI during the transition period. Thus, the purpose of the CNMI-Only Transitional Worker visa is to offer a lawful U.S. immigration status to those foreign nationals who are not currently eligible for any other kind of immigrant or nonimmigrant visa. During the transition period, it is expected that these transitional workers will find a suitable, long-term alternative to their CNMI-Only Transitional Worker status by obtaining status under an INA-based visa category, or departing CNMI.
Q. What happens to foreign workers in CNMI on November 28, 2009?
A. When Federal immigration law takes effect in CNMI on November 28, 2009, foreign workers who have a valid CNMI employment authorization may remain, live and work in CNMI for up to two years, or for the duration of their CNMI-based status, whichever occurs first. Before the expiration of that limited time period, they must obtain either CNMI-Only Transitional Worker status, or some other lawful U.S. immigration status to lawfully work and reside in CNMI and to travel between CNMI and another U.S. or foreign destination. If they leave CNMI for any reason, they must have a valid U.S. immigration visa to re-enter. Foreign workers who do NOT have a CNMI work contract could risk becoming “unlawful” if another U.S. immigration status is not obtained.
Q. What is the admission code for this visa classification be?
A. This new nonimmigrant visa classification will use the admission code CW-1 for the principal transitional worker and CW-2 for dependents.
Q. What does this mean for foreign residents who have been living and working in CNMI?
A. For those foreign workers who are not eligible for another kind of U.S. immigration status, the transitional worker visa is a critically important alternative. It could potentially give thousands of foreign workers a temporary status while they determine an appropriate long-term immigration status for themselves and their families.
Q. What are the timeframes of the transition period?
A. Although U.S. immigration laws apply fully to CNMI, there will be a transition period during which temporary measures will be carried out to allow for an orderly transition from CNMI’s permit system to Federal immigration law and give foreign non-resident workers time to identify an appropriate long-term INA-based visa classification. The transition period begins on November 28, 2009 and will end on December 31, 2014. The Secretary of Labor, in consultation with appropriate federal agencies and the Governor of CNMI, may extend the CNMI-Only Transitional Worker program for additional periods of up to five years. No decision on any extension has been made at this time.
Q. What are the requirements for the new CNMI Transitional Worker visa or status?
A. Under the CNMI-Only Transitional Worker program, there are requirements for both employers and workers.
Requirements for Employers—Employers must be engaged in legitimate business and may not engage directly or indirectly in prostitution, trafficking in minors, or any other activity that is illegal under Federal or CNMI law. The employer also bears the responsibility of filing the necessary petition and paying the requisite fees to employ transitional workers.
Requirements for Workers — Under the interim final rule, foreign workers may be classified as CW-1 nonimmigrants if, during the transition period, they:
1. will enter or stay in CNMI to work in an occupational category that needs alien workers to supplement the resident workforce;
2. are petitioned for by an employer;
3. live in CNMI;
4. are lawfully present in CNMI; and
5. are not otherwise inadmissible to the United States.
Q. What does a worker need to do to get this visa or status?
A. The foreign national worker must meet the criteria noted in the answer above and find an employer willing to sponsor him/her. The responsibility for applying rests with the employer. Employers may file a petition for a transitional worker with USCIS using Form I-129CW, Petition for a Nonimmigrant Worker in the CNMI. (This new form was modeled after the existing Form I-129.)
Q. What does the worker’s spouse and/or child need to get CW-2 status?
A. To accompany or follow to join, the derivative CW-2 nonimmigrant may file an application for extension of nonimmigrant stay on Form I-539 in accordance with the form instructions. The CW-2 status extension may not be approved until approval of the CW-1 extension petition. The filing fee is $300.
Q. How does someone obtain CW status?
A. Once the I-129CW petition is approved, the beneficiary and eligible family members may apply for CW-1, or CW-2 status. Since foreign nationals present in CNMI will not have given biometric information to the Federal government before, and thus not have had required security checks conducted, biometrics will be required. The fee to collect biometrics is $80. A fee waiver is available if applicants can show inability to pay for both the Form I-129CW and biometric fees.
Aliens who are abroad will need to apply for a CW-1 or CW-2 visa at a U.S. consulate. When applicants apply overseas, USCIS will not require biometrics, however biometrics may be required by the Department of State.
Q. Which groups can apply for the Transitional Worker Program?
A. The transitional worker program will be available to two groups of foreign workers: (1) those who are lawfully present in the CNMI and (2) those who are abroad.
Q. Can people with CW status travel outside the CNMI?
A. Once status is obtained, the CW-1 or CW-2 nonimmigrant may leave CNMI but they must have the appropriate visa to re-enter. If the CW-1 or CW-2 status is obtained in CNMI (not the Consular post abroad) the nonimmigrant will have the legal status, but this is not a visa valid for travel to and admission into CNMI. If the CW-1 or CW-2 nonimmigrant departs CNMI, he or she must obtain a visa from a U.S. embassy or consulate to return to CNMI, unless alternative arrangements have been specifically approved by the U.S. Department of Homeland Security.
Q. How does one obtain the visa for re-entry?
A. Someone who has obtained CW-1 or CW-2 status in CNMI (not at a Consular post abroad) who needs to leave CNMI for whatever reason will need to get a visa from the State Department to re-enter CNMI. Usually this is done at the U.S. Embassy or a U.S. Consulate via a locally managed appointment system. If, for example, someone with CW-1 status plans to visit family in the Philippines, he/she would need to make an appointment with the U.S. Embassy in Manila to get the CW visa while they are in the Philippines. They would need to travel with documents to show the State Department officer during their interview and be prepared to wait at least a few days for the visa to be issued. Each U.S. Embassy and Consulate abroad has a different appointment system. To learn more about the U.S. Embassy or Consulate you may need to visit, travelers should go to: http://www.usembassy.gov/. Visa wait times for each Consular post abroad are posted at: http://travel.state.gov/visa/temp/wait/tempvisitors_wait.php.
Q. Can people with CW status travel elsewhere within the United States?
A. No. The CW visa classification is valid only in CNMI and does not permit travel to any other part of the United States, including Guam. However, if someone with CW status qualifies for another kind of nonimmigrant or immigrant visa, or a visa waiver program, he or she may travel elsewhere in the United States and the CW status would not prevent that.
Q. How much does it cost to apply for this visa?
A. The fee for Form I-129CW will be $320, the same amount charged for the I-129. In addition, Public Law 110-229 mandates a “CNMI education funding fee” of $150 per beneficiary per year which is mandatory and cannot be waived. Lastly, there would be a fee of $80 to collect biometrics (fingerprints and photos) and run necessary background checks. This expense could be borne by the applicant or the employer.
Q. Are fee waivers available?
A. Normally there is no fee waiver in employment-based cases. However, due to unique circumstances in CNMI, the I-129CW fee may be waived in extraordinary situations where an employer can demonstrate an inability to pay the fee. However, given the inherent inconsistency between sponsoring an alien for work and being unable to pay the fee required for that sponsorship, the situations warranting a fee waiver are expected to be extremely limited. There is a fee waiver for the $80 biometrics fee if applicants can show an inability to pay.
Q. Can an employer petition for more than one worker on the same form?
A. Yes, with some restrictions, employers may file for multiple beneficiaries on the same I-129CW. If the employees are all working in the same occupational category, for the same time period and in the same location, the employer may name as many employees on the petition as he/she wants. Unnamed beneficiaries are not allowed under this program.
Q. When can employers begin filing for workers?
A. The interim final rule stipulates that employers may not file for a worker more than six months before the date the employer needs that employee’s services (i.e. if an employer needs a worker’s services on January 1, the employer may submit a petition for the worker no earlier than July 1). The rule states that petitions may be filed before November 28, 2009, but USCIS will not grant CW-1 status before that date.
Q. What forms are needed to apply for this visa?
A. Employers may file a petition for a transitional worker with USCIS using Form I-129CW, Petition for a Nonimmigrant Worker in CNMI. (This new form was modeled after the existing Form I-129.)
Q. How does the employer file the Form I-129CW Petition?
A. By mail to the USCIS California Service Center. Please follow the instructions on the form.
Q. What happens to CW-1 transitional workers at the end of the transition period?
A. The transition period ends on December 31, 2014. The CW classification will exist for the duration of the transition period. CNMI-Only Transitional Worker status will be granted initially for 1 year and is renewable throughout the transition period in 1-year increments. At the end of the transition period, the Transitional Worker Program will cease to exist and the transitional workers who held this status must change to another nonimmigrant or immigrant status under the INA if they wish to stay in CNMI lawfully. The U.S. Department of Labor may extend the availability of the CNMI Transitional Worker Program beyond 2014, but no decision on any extension has been made at this time.
Q. What occupational categories would be allowed?
A. Under the rule, the Transitional Worker program includes MOST occupational categories being used in CNMI now. Domestic household workers employed directly by private residents will not be eligible for CW-1 status. However, domestic workers employed through a “legitimate business” for placement in individual households could be eligible.
Q. Which CNMI employers are eligible to petition for transitional workers?
A. To be eligible to petition for a CW-1 nonimmigrant worker, an employer must: be engaged in legitimate business; consider all available United States workers for the positions being filled by the CW-1 worker; offer terms and conditions of employment which are consistent with the nature of the occupation, activity, and industry in CNMI; and comply with all Federal and Commonwealth requirements relating to employment, including nondiscrimination, occupational safety, and minimum wage requirements. Legitimate business means a real, active, and operating commercial or entrepreneurial undertaking which produces services or goods for profit, or is a governmental, charitable or other validly recognized nonprofit entity. The business must meet applicable legal requirements for doing business in CNMI. A business will not be considered legitimate if it engages directly or indirectly in prostitution, trafficking in minors, or any other activity that is illegal under Federal or CNMI law.
Q. Can domestic workers receive CW-1 transitional worker status under this program?
A. Yes, but they must be sponsored by an eligible employer doing business in CNMI as described above.
Q. What does a CNMI employer need to demonstrate in its petition for a transitional worker?
A. A petition must be accompanied by evidence demonstrating the petitioner meets the definition of eligible employer, and must attest that: qualified United States workers are not available to fill the position; the employer is doing business as defined in the rule; the employer is a legitimate business as defined in the rule; the worker has the qualifications for the position (including an occupational license, if required for the occupation); the worker, if present in CNMI, is lawfully present in CNMI; the position is not temporary or seasonal employment, and the petitioner does not reasonably believe it to qualify for any other nonimmigrant worker classification; and the position falls within the list of acceptable occupational categories
Q. How many transitional worker visas will be available?
A. For the first year, the numerical limit for CW-1 status will be based on CNMI government’s own estimate of the foreign worker population, which is 22,417. The CNRA requires that the number be reduced on an annual basis to zero by the end of the transition period. Therefore, after the first year, the numerical limit will drop, but that number has not yet been determined.
Q. What about spouses and dependents? Can they travel and work?
A. The law allows spouses and minor children of someone in CW-1 nonimmigrant status admission into CNMI as accompanying or following to join the principal CW worker. The rule would adopt the INA’s definition of “child” for immigration purposes (other than naturalization in section 101(b)) adding a requirement that the child be under 18 years of age since the statute refers to “minor children” rather than “children.” Employment is not authorized for spouses and children of CW-1 nonimmigrants.
Q. Can CW-1 nonimmigrants change status or adjust status?
A. The law allows workers in the CW classification to change to another nonimmigrant status or to adjust status to lawful permanent resident (get a green card) throughout the transition period if they are eligible. The rule allows an alien to be present in, or come to, CNMI for a temporary period as a CW-1 or CW-2 nonimmigrant and, at the same time, seek to become a lawful permanent resident of the United States, as long as the alien intends to depart voluntarily at the end of the alien’s authorized nonimmigrant stay. For purposes of qualifying for CW-1 or CW-2 classification, the alien is not required to maintain a residence abroad, and dual immigrant and nonimmigrant intent is allowed.
Q. I am a foreign worker in CNMI. Can I apply directly for CW status without my employer’s approval?
A. No, CW status is based upon an employer in CNMI needing your services. Your current or prospective employer must sponsor you by filing a Form I-129CW petition. After that petition is approved, you and your eligible family members can obtain CW status based on the approved petition.
Q. If I obtain CW status, will that lead to U.S. lawful permanent resident (“green card”) status?
A. No, not directly. However, as a CW nonimmigrant you are not barred from obtaining lawful permanent residence if otherwise eligible as a family- or employment-based immigrant.
Q. How long does a grant of CW-1 status last?
A. One year. A CW-1 nonimmigrant in good standing may obtain additional one-year extensions if his or her employer files a petition asking for the extension, subject to availability under the numerical cap.
Q. How long does a grant of CW-2 status for a derivative family member last?
A. The same length of stay as the CW-1 principal, except that a CW-2 child’s length of stay ends on his or her 18th birthday, if sooner.
Q. Can a CW-1 worker change jobs in CNMI and keep the CW-1 status?
A. Yes, but the new employer would have to file the Form I-129CW petition for the worker’s new position before the worker can be employed there. CW-1 transitional workers are only authorized to work for the employer that has petitioned for them.
Q. I am a CW nonimmigrant who obtained status in CNMI. I need to travel abroad and return on very short notice because of a sudden family emergency. Can I do that without a visa?
A. Normally a visa will be expected for the readmission of a CW nonimmigrant returning to CNMI. In emergency situations, however, it may be possible for DHS to give prior permission to travel and return without a visa. Please consult with the USCIS office in Saipan.
Q. As a CW nonimmigrant, may I travel to or from the CNMI using flight arrangements that transit through the Guam airport?
A. No. CW visas and status are authorized for travel to, and presence in CNMI only. You may not travel to any other U.S. place, even in brief transit, without an appropriate other visa or documentation authorizing that visit.
Q. How can I or my company submit comments on the rule?
A. USCIS encourages public comment on this rulemaking. Comments must be received by Nov. 25, 2009. Comments should be identified by DHS Docket No. USCIS-2008-0038 and submitted one of the following ways:
• Federal eRulemaking Portal: http://www.regulations.gov.
• E-mail: rfs.regs@dhs.gov. Include DHS Docket No. USCIS-2008-0038 in the subject line.
• Mail: Chief, Regulatory Products Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529-2210. To ensure proper handling, please reference DHS Docket No. USCIS-2008-0038 on your correspondence.
– USCIS –
19 comments:
According to the news last night, you can contact the USCIS office in the event of a medical emergency, and they will parole you back in after your trip home.
Also, they are going to be making an announcement about a possible travel permit in the next week or so.
Anon 12:39
You are always going after Wendy and what is the worse is you pretend you are a GW. We never would talk to Ma'am like that. Stop and think before you write and stop your bad words.
These are thorough, complete, and offer a great deal of flexibility.
Who said DHS couldn't get this job done?
The old case is over and we are only talking about details now.
Actually the law is not clear about departing the CNMI and returning. Under CNMI Immigration, contract workers could freely depart and return. This stimulated business and increased flight to and from the PI. That is no more. Doromal, Sablan and Woodruff are sweating right now. CWs go to them for answers when they should simply read the regs themselves. Oh, Wendy says it
s ok to sign this document and that document. Rubbish. DHS will impose strict guidelines on CWs, which they should. However, this has little to do with obtaining green cards or even bettering their employment situation. Local companies need to start hiring local US Citizens right now.
Anon 6:22
Maybe you are not awake? Wendy did not write these regulations.
The USCIS will allow anyone to have parole to exit and reenter for legitimate purposes. You are not in Kansas anymore. The ice dealers and human traffickers will be out of luck now.
Whine, blame, whine, blame, whine, blame...
You say that Wendy did not write these regulations -- restricting travel and eliminating direct-employ housemaids.
But you forget that she was a principal proponent of federalization in the first place.
So she certainly deserves blame for the many, many adverse consequences, which were wholly predictable and display a fundamental ignorance about the role of small business in the CNMI economy. Because of her, many guest workers had to go home; more will follow.
Wendy does deserve credit for the few good things from federalization, like J-1 doctors at CHC.
If the CW-1 permit is only good one year, does this mean one has to return annually to a U.S. embassy for visa renewal?!
To the anonymous commenters who blame me for any provisions in the regulations that you don't like:
There are parts of the regulations that I agree with and some parts that I disagree with. I did not write the regulations, but for the most part they seem reasonable and very liberal. I will prepare a comment to express my views. I suggest you do the same thing.
It is very unlikely that the USCIS would deny a guest worker parole to visit an ill relative or for any other reasonable purpose!
The federalization will mean change. Some people will resist change, some people will embrace it, and some people help will ease the transition by working with those in power.
I absolutely support federalization. I supported leaving the grandfathering provision in the law. Fitial and Guam nativist groups lobbied and testified against it. I support a pathway to citizenship for all nonresidents. Those who do not support status for the nonresidents, may see their foreign labor force disappear in the future.
No worker has gone home because of federalization or because of any of my actions. Workers have "gone home" because of terrible economic conditions.
You know where I stand because I do not hide behind an anonymous label and throw poison arrrows. I will remove the comments that scream in caps or swear from this site. If you want to dialogue, do so respectfully or your comments will be removed.
GW(?) Anons, or maybe just one anon, who keep putting the blame on Wendy, Atty Woodruff, Tina and others:
You and I and many others had the chance to be heard. Opinions, recommnedations, and requests were sought from you and all other stakeholders. You probabaly stood by the sidelines and let things unfold without lifting a finger and hope things shape in the way that would benefit you. But when it seems that things are going the other way, you suddenly have a voice to complain.
It is not too late yet, you can still comment on the regs before it is finalized. You can make a difference.
Wendy, Atty Woodruff, Tina and others advocate for what is in their opinion, best for all in the CNMI - locals and guest workers included.
You might have a different view, but hey, we are in a democratic system where you are free to express your thoughts. Go ahead put your questions and suggestions out there. That is, if you care enough...
I hope they allow fee waiver for employers who secured and paid for 2-year permits for their employees. Since CW permits are good only for 1 year at a time, maybe allow for 2-years' fee waiver also.
The $150 fee per benefiary, i know to be mandated by law, but just the same, would cause financial burden to struggling businesses.
As it stands, one can only exit and re-enter to work if holding a CW visa. Many have postponed vacations and have not visited home (some unable to attend funerals of relatives) due to uncertainties about the federalization of immigrations. To finally be at this point and realize that one is "stranded" here is something that should be given attention.
Can't there be some sort of blanket CW issuance for those who have existing permits? At least for the first year or whatever time is remaining of their 1-year permit?
Wendy,
This is a little off topic.
This info I am about to give you might be used as a suggestion to try to work a reciprocal agreement for the many non residents married to US citizens (and workers) in the CNMI.
It seems like that many times the US Gov. looks at "reciprocal" actions from other countries when considering immigration actions.
For many years now in the Phil. they have been readdressing their Immigration laws to attract the foreign investors,retirees and others from abroad.
They are capitalizing now on tourist "medical vacations" and issuance of "medical" visa. as many new madern hospitals are being built and opened, staffed with many US and Canadian trained specialists.
But the biggest change is the new resident Immigration card (I card)
This card is given the first year on a probationary basis for one year.
It allows the holder (along with a stamp in the passport)to travel in and out of the Phil and stay up to the the one year without restriction.
A couple of months before the exspiration of this card, an application must be made for a change of status to "Permanent".
Once this is approved it good for 5 year implements and only requirements is to pay the 200peso yearly and fill out a paper at any Imm. satellite office, stating the current address of the holder.
A fine of 300 peso per month is applied for any months after the Feb.deadline yearly.
This permanent status allows the "I card" holder to buy and own land in the Philippines, along with most any other legitimate activity. (cannot vote)
Being married to a Philippine citizen is one of the prerequisites and easiest means of obtaining this initial "I card".
The first year the spouse (or sponsor) can have the "probationary card canceled at any time with cause.
The total costs will average about $600 for each of the cards "probationary" and "permanent" plus fees for an expediter and other things.
Hello Yho
Thank you for the comments. I know you will be there asking questions at the forums and I hope you will share what you learn with us!
Hello Captain
That is a really interesting program. I think in the not too far future national lines will become more blurred and eventually will be totally erased.
That has got to be the most astonishing and incongruous thing I have ever heard you say.
It is the CNMI that has been in the vanguard of the very post-national future that you envision -- a place where national lines are blurred, where a question like "Is it part of the US" has no absolute answer, and depends instead on the context.
You have worked untiringly to unblur these lines, to re-nationalize the Commonwealth, and thus to take a historic step backward, in the direction of old-style nation-state absolutism.
DHS seems to be trying to do the best it can and be fair in someways. There are quite a number of staff that will be sent out here. Computers and office equipment are in storage and on the way. Fitial is still thinking he can will his case?
hai madam,my comment is about the re entry ,it is very sad to hear that we need to get a visa to return after visiting our belated one .those who wish to go for vacation in december or in january it is not easy to get a visa in this short period .federal should make an alternate system for that or allow contract workers travel using their entry permit for a period until we get a cw visa.
It is very sad.
So it turns out that the Unity March wasn't such a great idea after all.
9:04 the unity march was for federalization and status We will keep fighting for status. Good bye nmi slaver system.
Someday the Unity March, December 7, 2007 will be a CNMI holiday, celebrated by our children as the day residents of the CNMI stood up proudly against oppression and established a community steadfastly committed to decency, justice, and equality for all who inhabit the Northern Marianas Islands.
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