Fiscal Year 2017 Cap Set for CNMI – Only Transitional Workers
The Department of Homeland Security will allow up to 12,998 nonimmigrants in fiscal year (FY) 2017 for the Commonwealth of the Northern Mariana Islands (CNMI) – Only Transitional Workers (CW-1) program.
Under the CW-1 program, employers in the CNMI can apply for temporary permission to employ foreign nationals who are ineligible for any existing employment-based nonimmigrant category. The CW program is in effect until December 31, 2019.
DHS reminds CNMI employers that the CW-1 program requires that the foreign worker be ineligible for any other employment-based nonimmigrant visa classification, such as an H-1B or H-2B visa. For workers employed in the CNMI, there is no cap on H-2B or H-1B visas during the transition period ending December 31, 2019.
This announcement does not affect the status of current CW-1 workers unless their employer files for an extension of their current authorized period of stay.
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USCIS Updates to Filing Form N-400
USCIS recently announced two updates to filing Form N-400, Application for Naturalization, which is now processed electronically. From now on, all applicants except those who live overseas no longer need to submit two passport-style photographs. In addition, they will be scheduled for a biometric service appointment at a local Application Service Center (ASC) for the collection of their fingerprints, photographs, and signature, regardless of age.
USCIS used to waive the fingerprint requirement for applicants 75 years or older. However, now that the form is processed electronically, those applicants do need to appear at an ASC. New technology allows USCIS to capture fingerprints for applicants of all ages. Applicants aged 75 and older do not have to pay the biometrics fee.
USCIS recognizes that it may take time to transition to using the updated form. As a result, applicants are permitted to file either the older version or newer version of the form until December 1, 2016. After that point, applicants will be required to use the newer version. Additionally, if an application is prepared at a group assistance event, sponsoring organizations using a stamp or sticker in place of the information required in Part 14. Interpreter’s section or Part 15. Preparer’s section, may continue this practice until December 1, 2016.
DOL Says Final PERM Modernization Regulation Implementation “Highly Unlikely” Before the End of Obama’s Presidency
On September 14, AILA issued the following announcement: At the Department of Labor stakeholder meeting on 9/12/16, Acting OFLC Administrator William Thompson provided an update on the status of the PERM modernization regulation. He confirmed that the draft regulation is still undergoing review, and based on the current state of the process, implementation of a final PERM modernization regulation before the end of the Obama administration in January 2017 is “highly unlikely.” A Notice of Proposed Rulemaking (NPRM) with the proposed changes may still be released at some point in the coming months, but any major changes to the PERM program do not appear to be imminent at this time.
AILA Doc. No. 16091402.
When to File Adjustment of Status Application
Individuals seeking to adjust status and become a U.S. permanent resident under a family-sponsored or employment based preference immigrant visa, should refer to this document for information regarding filing dates and processes.
TPS for Guinea, Liberia, and Sierra Leone Extended Six Months for Orderly Transition
The Secretary of Homeland Security has extended Temporary Protected Status (TPS) benefits for beneficiaries under designations of Guinea, Liberia, and Sierra Leone for six months. The extension’ s purpose is orderly transition before the designations terminate on May 21, 2017. The Secretary of Homeland Security has reviewed conditions in these countries and after consulting with the appropriate government agencies, has determined that conditions in Guinea, Liberia, and Sierra Leone no longer support their designations for TPS. They were originally designated because of the widespread transmission of the Ebola virus. That outbreak has since ended.
To ensure an orderly transition, current TPS beneficiaries, will automatically retain their TPS and have the validity of their current Employment Authorization Documents extended through May 20, 2017. Beneficiaries do not need to pay a fee or file any application in order to retain TPS benefits through May 20 2017.
Although TPS benefits will no longer be in effect beginning May 21, 2017, TPS beneficiaries will continue to hold any other immigration status that they have maintained or acquired while registered for TPS. Individuals who do not have another immigration status should use the time before the terminations to prepare for and arrange their departure from the U.S. or to apply for other immigration benefits for which they may be eligible.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.