This became clear during the session with the visiting outreach team of the United States Citizenship and Immigration Services at the Society of Human Resource Management meeting at the Pacific Islands Club on Tuesday.
In filing for the CW petition, the employer must submit an attestation or statement stating that the work is not seasonal or temporary and that they believe the employee is not eligible for any other Immigration and Nationality Act visa classification.
After consulting with the outreach team, Gulick said nonresident farmers here “fall within the CW-1.”
Prior to filing petitions, Gulick said employers are required to consider all available U.S. citizen workers for the position; however, they can hire the most qualified applicant whether they are a U.S. citizen or not.
He also said the employers must follow U.S. and CNMI labor laws and should pay the worker’s cost of return transportation if they are involuntarily dismissed and file the required forms to hire the transitional workers.
In order to comply with the requirement to ensure that the employer has exhausted means to consider no U.S. citizen is available, petitioner must post a job vacancy.
According to the Q&A posted in the www.uscis.gov, an employer may submit evidence that the job vacancy has been posted in a daily newspaper or on job vacancy websites like that of the CNMI Department of Labor or other recruiting firms.
On the question how long should employers post the job vacancy, Gulick said they don’t have any specific requirement. “You need to do what you need to do to say that there is no U.S. citizen available.
Gulick said that determination is up to the employers.
On the question whether employers will continue to provide health coverage, Gulick said the transitional worker regulations do not require this coverage, but if the state/CNMI does require it, then employer needs to comply.
In order to petition workers, the employer must file Form I-129CW, a petition for CNMI-only nonimmigrant transitional worker; submit filing fees; offer terms of emp loyment consistent with the occupation and the location.
Gulick also told the audience that the USCIS has an Administrative Site Visit and Verification Program.
He said they conduct random checks if the person is truly working in the location provided. “We will be verifying the data. We expect to find the person working at the location you specified in the petition.”
He also said whoever signed the petition may probably be interviewed.
He reminded the employers to begin filing petitions on October 7; however, petitions filed before this date will be rejected and will result in processing delays.
I-129CW petitions for workers must be postmarked by Nov. 27, 2011. Forms can be obtained online at www.uscis.gov/forms or visit the USCIS office at TSL Plaza in Garapan.
“Don’t wait for the last minute to do this,” Gulick said.
The visiting team also said employers can file petitions for multiple employees in one form provided they have the same job, work in the same location and work in the same duration.
Based on their presentation, for employers filing petitions for beneficiaries outside the CNMI, employer must mail the original approval notice of the approved I-129 CW petition to the worker overseas with the worker to schedule an appointment for nonimmigrant visa with the U.S. embassy or consulate. They can check for wait times at http://travel.state.gov/visa/temp/wait/wait_4788.html?post
Gulick also said a transitional worker does not have to be full time — “there’s no minimum number of hours required.”
He said an employee can have two or three employers but will need to have a CW-1 petition per employer.
He also said an employee can be an H1B and a CW-1 worker at the same time.
He also said a transitional worker can only work in the CNMI.
As for H1B applications, an employee must be in an occupation that requires a bachelor’s degree or higher and needs to be paid commensurate with the professional level.
In the absence of a prevailing wage in the CNMI, he said some have used Guam’s prevailing wage as basis.
He also said that experience can be considered in lieu of a degree.
In order to find out if the job requires a degree, petitioners are asked to check www.ooh.com.
Meanwhile, Gulick said CW-1 visa is valid only for one year and petitioners are asked to renew 60 days prior to expiry date.
As for workers and their dependents seeking to travel outside the CNMI/United States, they need a CW-1 or CW-2 visa to return.
The USCIS advises for them to bring the original notice of approval—grant of CW status — and schedule an appointment with the US embassy or consulate in the country of origin.
To avoid delays, the USCIS also request for petitioners to avoid sending unsigned applications, checks not filled out or amounts do not match, or the fee is incorrect.
An employer can also continue to employ a worker with an umbrella permit long after Nov. 27, 2011 provided the petition has been filed before Nov. 27; if petition is approved, employee gets CW status; if denied, work authorization and status end and employee has to leave the CNMI. For more information, go to www.uscis.gov.
