Based on the latest USCIS data, a total of 37 I-129CW petitions have been rejected to date.
According to U.S. Citizenship and Immigration Services regional media manager Marie Therese Sebrechts, these petitions were rejected because the work location indicated in the application is not the CNMI.
She said some of the rejected petitions used an old version of the form while other applications had too much or too little money included on the check.
Some applications had missing pages.
Based on the latest available information, USCIS’ California Service Center had processed 7,172 I-129CW petitions as of Dec. 2.
This figure, USCIS said, does not include unprocessed petitions received late last week.
Sebrechts told Variety there were 799 petitions as of Friday that had yet to be processed.
The applications received had been filed by approximately 1,300 different petitioners with a total of 8,227 CW1 workers sponsored on these petitions.
Of the total 8,227 workers sponsored, 413 are from Tinian and 351 from Rota.
Based on Department of Homeland Security Estimates, there are 13,543 foreign workers in–status and 1,000 workers out of status.
With petitions received last Friday yet to be counted and entered into the system, there could not be as many workers to be petitioned.
Some of the over 13,000 workers are not petitioned for CW-1 but for H-1B petitions.
Scores of nonresident workers have been displaced and Variety has yet to get the figures.
USCIS, according to some employers interviewed by Variety, has done a “good job” in disseminating information with regard to filing of petitions.
Even during last month’s sessions, human resource practitioners and employers who had earlier complained of confusion as to the pertinent documents to accompany the petitions breathed a sigh of relief when Honolulu District Director David G. Gulick returned to conduct more sessions.
During these additional sessions, Gulick had reminded petitioners how imperative it is to have checks cut separately for $325 filing fee, $150 education fee, and $85 biometrics fee and to use the correct form, the I-129CW form in petitioning workers.
Even during the September outreach sessions, USCIS representatives pointed out the importance of ensuring that the amounts written on the check are the correct amount and that these checks are signed.
Gulick also said previously that they would not reject petitions because these were not filled out completely.
He said this may only delay the process but it does not mean rejection.
As the California Service Center reviews the applications filed by CNMI employers, it is expected that some may receive requests for evidence.
According to Gulick, USCIS usually issues a request for evidence if the agency finds that the application lacks pertinent documents.
“Respond to it…,” Gulick said referring to the request for evidence that employers who filed incomplete documents will be receiving.
Gulick pointed out that failure to respond is tantamount to the entire application starting all over again.
“There is no appeal,” he said.
Meanwhile, while CW petitions are in process, beneficiaries can still travel outside the CNMI.
In a previous interview, Gulick said, “If you are going to travel while the petition is pending, and if you’re a grant of status applicant, you need to have the advance parole to come back.”
Gulick also said the advance parole will be effective until Jan. 31, 2012.
As for those who missed the filing on Nov. 28, USCIS said these workers who are lawfully present can still be petitioned.
However, USCIS said, they should wait for either their employment authorization document released or their grant of status before they could start working.
For more information on filing petitions for CW-1, go to www.uscis.gov.
