In a media conference held yesterday at the USCIS office in Garapan, USCIS Honolulu District Director David G. Gulick said, “We have rejected 12 petitions so far as of Nov. 10.”
He said these 12 petitions had been returned by USCIS to the petitioners and they will have to file petitions using the new forms.
Gulick also cited the submission of incorrect fee as another basis for rejection.
He said, “One case was too much money and one has no money at all.”
Gulick also said some petitioners filed using the regular I-129 form when they should have filed the I-129CW form.
As of Nov. 10, Gulick said they have accepted 368 I-129CW petitions with 704 total beneficiaries.
Of this number, Gulick said nine workers were from Tinian and 22 were from Rota.
He also said there were 100 employers who filed the petitions.
He also said they have received 68 E-2C — CNMI investor — petitions bringing their total to 83 received to date.
Gulick said they were expecting over 400.
Of the 83 total E-2C petitions, 12 have been approved while three have been denied.
Asked of the reasons for the denial, Gulick said, “I have no idea.”
He also reminded the public that USCIS has an updated Q&A on the web which includes nine new questions as a result of their outreach in the CNMI last September.
Meanwhile, USCIS is hosting a web conference on Thursday, Friday and Saturday, Nov. 17-19 at 8 a.m. to be hosted by USCIS Western Region Community Relations Office Janna Evans and Honolulu Community Relations Officer Darlene Kutara.
USCIS is encouraging the public to submit questions in advance to [email protected] and write “Question for CNMI Webinar” in the subject line.
In order to connect to the webinar, the public is advised to connect to https://connect16.uc.att.com/uscis/meet/?ExEventID=84170280.
For more information, go to www.uscis.gov.
Last Monday, close to 100 employers and their representatives gathered at the American Memorial Park Visitor Center where Gulick led another workshop specifically on filing I-129CW petitions.
Prior to coming to the workshops, many had expressed their confusion over the filing of petitions.
Joyce Corpuz, an HR practitioner, conveyed to Variety her and other petitioners’ concern with regard to requirements that they need to comply with in filing petitions.
Corpuz, along with those who refused to be identified in this Variety article, said they appreciated the efforts of USCIS to come to Saipan and help them go through the process of filling out forms again.
She expressed relief that they found out from Gulick that some forms were not really needed and that would save them time in completing the applications.
“It’s a huge relief for us to have this workshop,” Corpuz said.
Another attendee named Remy, who declined to give her complete name, told Variety that it wasn’t their waiting for parole extensions that’s holding them back from filing petitions.
Uncertain over which documents to present, Remy said the others opted to wait it out and find out how the others did it.
“Some are just really on a wait-and-see attitude,” she said.
Multiline Supply vice president Lourd Martin Sy said they had to wait until all their job vacancy announcements had been posted. “We’re ready to file petitions for our workers this week.”
He also said they are looking at compiling their petitions in binders so it would not be a burden for those evaluating their petitions. “It would help if our petitions are well organized.”
Variety earlier reported that a total of 366 CW-1 workers had been petitioned on 198 I-129CW petitions as of Nov. 4.
For Gulick this low turnout concerned them at USCIS.
He also said they have processed between 2,500 to 3,000 parole extensions.
During the workshop Monday, Gulick told attendees that USCIS neither required petitioners to submit photographs for their employees nor did it ask for them to get the services of attorneys in preparing petitions.
As he was guiding the petitioners on the filling out of forms, Gulick said they would not reject petitions because these were not filled out completely.
But incompletely and improperly filled out forms will delay the process, he said.
He said they will issue a request for evidence should they find that the application for I-129CW lacks some documents.
He also reminded employers that they need not wait for extension of parole for beneficiaries whose paroles are expiring on Nov. 27.
He said they could go ahead and file petitions for those employees.
Responding to an inquiry about petitioning of those who entered the CNMI on a B1/B2 visa, Gulick said they are not eligible for CW-1 visa until they leave the CNMI.
As for filling out the job location in the form, Gulick told petitioners to indicate “where they’re actually working — where you assign them.”
For those working in more than one job location, Gulick advised them to state two physical locations.
He said, “If you move them routinely on a schedule, put down the physical location of both locations.”
He asked petitioners “to a maximum extent possible” to put the physical address like complete name of the street or name of the building where the beneficiaries are technically working.
For house workers, Gulick pointed out there has to be an employer-employee relationship with the employer as someone who has the authority to hire and fire the employee.
He also reminded the petitioners and employer representatives that they currently have a parole policy for caregivers and USCIS grants on a case-by-case basis whether a caregiver could travel with a patient off island for medical treatment.
For wages, Gulick said the petitioners could put a range of wages for multiple beneficiaries in one petition.
As for the length of time that the petitioner is looking to hire the beneficiary, Gulick said it is up to the petitioners if they wish to indicate in the form that they intend to keep the beneficiary for a longer period of time.
He also reminded petitioners to have one attestation per beneficiary and to have checks cut separately for $325 filing fee, $150 education fee, and $85 biometrics fee.
As for some pertinent documents to accompany their petitions, petitioners must present copies of the biographical page of the passport, page of the passport that shows its validity, umbrella permit, CNMI permit [if it is still valid], valid parole or I-94, license/s, job vacancy announcements, among other documents.
Gulick said USCIS did not ask for photographs, Form G-325, birth certificates, or employment certificates.
But if the petitioners would like to submit previous employment certificates, they can do so.
He reminded the petitioners to respond to USCIS’ request for evidence.
“Respond to it…,” Gulick said.
Failure to respond to the request will result in petition starting all over again. He said, “There is no appeal.”
He also said they prefer that the petitions not be stapled; instead, they should be held together by a clip.
As for the fees, he said that employers — not the employees — must pay the fees.
And in making the attestation, Gulick said the petitioners must do the best job in doing so and encouraged petitioners to write explanations if they have to.
As for petitioning one or more workers who are lawfully present in the CNMI with a federal nonimmigrant status [F1 or H-1B], USCIS said petitioner must submit a Form I-129CW with the $325 application fee, pay the mandatory CNMI education fee of $150 per beneficiary but should not submit a biometrics fee.
For those petitioning one or more workers who are lawfully present in the CNMI with a CNMI permit or have been granted parole by USCIS, petitioner must pay $325 application fee and submit Form I -129CW, pay the mandatory $150 education fee per beneficiary. However, USCIS said either the employer or the employee will pay for the $85 biometrics fee.
For those requesting for consular processing abroad, petitioner must submit Form I-129CW and payment of $325 filing fee and $150 education fee. However, USCIS stated that petitioner should not pay the biometrics fee as it may be required by the Department of State where the worker applies for his or her visa abroad.
If an employer is requesting for an extension of status for CW nonimmigrant worker, he or she must submit Form I -129CW and pay $325 in application fee and the mandatory $150 education fee per beneficiary.
USCIS, Gulick said, is holding webinars on Thursday, Friday, and Saturday. He, however, told the petitioners that questions may be limited during those webinars.
For more information, go to www.uscis.gov
