VIRAY Enterprises Inc. has sued the U.S. government, alleging that federal immigration officials unlawfully denied a visa renewal for one of its long-term employees under the CW-1 worker program.
The 12-page complaint, filed Monday in the District Court for the Northern Mariana Islands, accuses U.S. Citizenship and Immigration Services of misinterpreting the Northern Mariana Islands U.S. Workforce Act of 2018. The company claims the agency applied an arbitrary test to determine long-term worker status, resulting in the rejection of a renewal petition for an employee identified as “JDA.”
Viray Enterprises, represented by attorney Stephen Woodruff, argues that the denial contradicts both the statute and prior approvals granted to the same employee.
According to the lawsuit, USCIS used a “validity start date” test to assess eligibility, which the company said is not supported by the law or congressional intent.
“The agency’s interpretation creates artificial gaps in eligibility and undermines protections Congress intended for long-term workers,” the complaint states.
JDA has worked for the company since 2008. His employment began before the federal government assumed responsibility for immigration administration in the CNMI on Nov. 28, 2009. JDA was lawfully present under CNMI immigration laws at that time and has continuously maintained his status through CW-1 petitions filed by Viray Enterprises.
JDA’s CW-1 renewal petition was denied on Feb. 18, 2025 by the USCIS California Service Center. The denial was based on the agency’s conclusion that JDA did not qualify as a “long-term worker” under the NMI U.S. Workforce Act of 2018.
The CW-1 visa program allows businesses in the CNMI to hire foreign workers while transitioning to a U.S. immigration system. Under the Workforce Act, long-term workers are exempt from the “touchback” requirement, which mandates a departure from the islands before reapplying.
Viray Enterprises is seeking a declaratory judgment to overturn the denial, an injunction requiring USCIS to approve the petition, and reimbursement of legal fees under the Equal Access to Justice Act.
The lawsuit names several federal officials as defendants, including Secretary of Homeland Security Kristi Noem, U.S. Attorney General Pam Bondi, and USCIS Director Joseph Edlow.
