The parole-in-place is an interim status pending the completion of the final regulations for the CNMI-Only Transitional Worker Program and the CNMI investor status.
“Foreign nationals without umbrella permits whose work permits expire before new visa categories are available to them under federal immigration laws may be eligible for this interim status,” a statement from the USCIS-Washington office reads.
“Parole-in-place would give impacted foreign nationals authorization under federal immigration law to remain in the CNMI and permit continued employment authorization until the CNMI-Only Transitional Worker Program and the CNMI Investor status are implemented,” it added.
A federal court earlier ruled the U.S. Department of Homeland Security failed to comply with the technical rules in publishing regulations in the Federal Register, and this delayed the implementation of the rules for the Commonwealth Worker or CW-1 status.
“Certain employers and their foreign national employees did not apply for umbrella permits covering the two-year transition period to federal immigration law. They may have planned to apply for CNMI-Only Transitional Worker visas immediately after the transition period began in Nov. 2009,” the USCIS said.
“However, a court ruling that month stopped this nonimmigrant category from being available. As a result, some foreign nationals face losing their legal immigration status because of a gap between the expiration of their current CNMI work permit and the availability of the new CNMI-Only Transitional worker status,” it added.
The USCIS proposed a CW-1 status for foreign national workers who may be otherwise ineligible to apply for U.S. employment programs like the H-visas.
The numerical limit for the CW-1 nonimmigrant status is 22,417 but this will be gradually reduced to zero by the end of the transition period — Dec. 31, 2014.
The CW-1 status is valid only for a year. Non-immigrants in good standing may obtain a one-year extension subject to availability under the numerical cap.
The USCIS said applicants for parole-in-place, should submit the following documents: A completed Form G-325, Biographic Information; 3 passport-style photos (2” x 2” front view); a copy of an unexpired entry permit; a copy of the photo page of the valid passport; and a statement from the employer indicating that the worker will have continued employment or evidence of your continued investor status.
The documents should be mailed to: USCIS, ATTN: PAROLE-SAIPAN ASC Sirena Plaza, Suite 100, 108 Hernan Cortez Avenue Hagåtña, Guam 96910
Information about this interim status can also be found at the USCIS Web site: www.uscis.gov/CNMI.
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