USCIS looks into caregivers’ situation

United States Citizenship and Immigration Services regional media manager Marie Therese Sebrechts told Variety, “USCIS will consider granting parole for urgent humanitarian reasons, including compelling medical or special needs situations, when the existing foreign caregivers have worked for the same disabled or special needs individual prior to November 28, 2011.”

She, however, said that their agency will be providing more details on this.

Regarding other workers, Sebrechts said CNMI employers can petition at any time for workers who qualify under federal [Immigration and Nationality Act] categories such as the H-1 specialty workers.  “Remember that if an employer believes that a worker is eligible for a category under the INA, then they are not to apply for CW-1,” she said.

She also allayed fears of workers that they would be sent home while awaiting petitions.

“Foreign workers in the CNMI will be able to apply for parole and an employment authorization document or EAD to remain in the CNMI and continue working while awaiting a decision on a petitioning employer’s Form I-129 Petition for a Nonimmigrant Worker requesting a grant of status in the CNMI for them,” Sebrechts said.

According to USCIS website, the form I-129 is used by employers to petition for an alien worker to come to the United States temporarily to perform sevices or labor, or to receive training, as an H-1B, H-1C, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 or R-1 nonimmigrant worker. The website also stated that employers may also use this form to request an extension of stay or change of status for an alien as an E-1, E-2, or TN.

During USCIS outreach sessions, Sebrechts said it became evident to the agency that there was a need to find a solution to the issue that workers whose employers filed an I-129 Petition for a Nonimmigrant Worker, such as H-1B, would have to leave the CNMI and stop work until a decision was returned on the application.

She told Variety that employers and workers were concerned that businesses would have to close if the benefiting employees had to leave the CNMI to await decisions on their employer’s I-129 petitions.

She added that there was particular concern about a negative impact on schools and hospitals.

“USCIS has worked hard to respond to this important issue and come up with a way to assist employers and workers with pending petitions under the INA and not interrupt the operations of these businesses,” said Sebrechts adding that their agency will be issuing more information in this regard.

In related news, USCIS office on Saipan issued yesterday a list of requirements for those who need to extend their parole to Jan. 31, 2012.

Based on the document provided by USCIS on Saipan, those filing for parole extension must include in their request a (1) letter signed by the requestor asking for an extension, (2) completed and signed Form G-325, (3) complete PO Box, (4) phone number, (5) front and back copy of I-94, (6)  copy of the photo page of a valid passport, (7) letter from employer confirming employment of requestor, and (8) copy of advance parole, any visas, or all paroles issued by USCIS.

All these pertinent documents should be placed in an envelope labeled “PAROLE EXTENSION” with requestor’s full name and expiry date of parole.

These requests for parole extension can be dropped off at USCIS office in Garapan between 8:30 a.m. and 3:30 p.m., Monday through Friday.

USCIS will be emailing the grant of extension of parole to applicant.

As well, USCIS encourages the people to check their websites for more information and not listen to rumors.

For more information on procedures and other issues, log on to uscis.gov.

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