Marianas Variety

Thursday, October 23, 2014-4:58:23P.M.

Last updateThu, 23 Oct 2014 12am

Headlines:

If CW petition is denied, worker must exit

EVEN as employers appeal a U.S. Citizenship and Immigration Services denial of an I-129CW petition, the worker being petitioned needs to leave the CNMI.

USCIS regional media manager Marie Therese Sebrechts said, “A CW-1 worker is not authorized to remain in the CNMI past the period of petition validity, plus 10 days. This period is not extended by reason of an employer’s pending appeal of a denial of the employer’s petition for extension of status.”

Marie Therese Sebrechts

Based on the latest available CW statistics a total of 181 beneficiaries of I-129CW petitions have been denied so far.

These 181 workers comprise a total of 91 petitions denied.

These denied petitions were part of the I-129CW extension with the same employer petitions received by USCIS through Feb. 28, 2014.

USCIS had data entered 5,334 I-129CW petitions filed by 1,488 different employers through this period.  

There were 9,063 CW1 workers sponsored on these petitions.  

So far, 4,604 petitions have been approved consisting of 7,496 beneficiaries.

When asked if a worker whose CW petition was denied because he or she is eligible for H-1B status, if he or she can stay in the CNMI while H-1B petition is being applied, Sebrechts said, “A CW-1 worker is not authorized to remain in the CNMI past the period of petition validity, plus ten days. This period is not extended by reason of an employer’s pending petition to classify the worker in H-1B status.”

The U.S. Department of Labor has yet to issue an announcement on whether or not the transition period is extended for another five years.

For more information on immigration benefits, go to www.uscis.gov.