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USCIS issues Intent to Revoke notices

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U.S. Citizenship and Immigration Services on Sept. 1 began issuing Notices of Intent to Revoke to CW-1 employers who did not file the required Form I-129CWR, which is now overdue.

On its website,  USCIS is reminding employers of CNMI-Only Transitional Workers or CW-1s that they must confirm the continued employment of the workers every six months.

“USCIS created a new standalone form, Form I-129CWR, Semiannual Report for CW-1 Employers, for this requirement. USCIS established this requirement in an interim final rule implementing the Northern Mariana Islands U.S. Workforce Act of 2018. The IFR established that the semiannual report is required for all CW-1 petitions approved by USCIS with employment start dates in fiscal year 2020 for a validity period of six months or more,” USCIS stated.

For approved petitions with start dates from Oct. 1, 2019 through Dec. 18, 2019, CW-1 employers had until Aug. 17, 2020 to file Form I-129CWR as required in the IFR. On Sept. 1, USCIS began issuing Notices of Intent to Revoke to CW-1 employers who have not filed a required Form I-129CWR.

Employers can verify if USCIS received Form I-129CWR by entering the receipt number of the approved Form I-129CW petition on Case Status Online (https://egov.uscis.gov/casestatus/landing.do)

USCIS reminds all CW-1 employers that during the validity of the petition, they must file Form I-129CWR with USCIS every six months after the petition validity start date, and that USCIS may revoke an employer’s approved petition or deny  future petitions if the employer does not comply with the reporting requirement.

No additional documentary evidence should be submitted with Form I-129CWR, USCIS said. Any additional documentary evidence that is submitted with Form I-129CWR will not relieve an employer of the CW-1 document retention requirements and could be subject to shredding/destruction, USCIS added.

In his e-newsletter U.S. Congressman Gregorio Kilili Camacho Sablan said, “Employers who receive a Notice [from USCIS] should read it carefully…to avoid revocation.”

He added, “The NMI U.S. Workforce Act of 2018 [or] Public Law 115-118, established the semiannual reporting requirement in part to stop the ‘ghost employee’ practice that had made it difficult for legacy businesses in the Marianas to obtain CW-1 workers. The interim final rule, implementing the U.S. Workforce Act, gives employers a 60-day window to file Form 1-129CWR, the Semiannual Report for CW-1 Employers that begins 30 days before and closes 30 days after the six-month anniversary of the start date of an approved CW petition,” Kilili stated in his  e-newsletter.

 

 

 

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