Those persons with continuing employment authorization based upon lawful presence and employment on November 27, 2011 and an I-129CW filed by November 28, 2011, do not fall under the category of new hires and so are not required to check their status in E-Verify at this time.
All aliens must have a currently valid Employment Authorization Document (EAD) to work in the CNMI. Parole gives someone legal status to stay in the CNMI but does not by itself provide employment authorization. A parolee may apply for a discretionary grant of a USCIS Employment Authorization Document (EAD) by filing USCIS Form I-765. E-Verify can confirm the employment authorization of any employee who presents a valid EAD for Form I-9.
Yes, petitions approved for the CNMI-only work categories of CW-1 (Nonimmigrant Transitional Worker) or E-2C (CNMI Investors) provide a Form I-94 that indicates this status. The Form I-94 with the foreign passport constitutes evidence of work authorization. Employers can create cases in E-Verify for employees who present a foreign passport with the Form I-94 indicating CW-1 or E-2C status. Additionally, employees may present any other acceptable documentation from the List of Acceptable Documents allowed by Form I-9 regulations.
Yes, E-Verify is currently available for CNMI employers.
From November 28, 2009 until November 27, 2011, employers hiring individuals in the CNMI used Form I-9 CNMI rather than the standard Form I-9 to verify the identity and employment authorization of their new hires. Form I-9 CNMI was the same as the standard Form I-9, with one exception: Form I-9 CNMI contained additional List A documents issued by the CNMI government that are not acceptable on the standard Form I-9. These additional documents were only acceptable until November 27, 2011. E-Verify was not available in the CNMI during this two-year period when employers were using Form I-9 CNMI.
As of November 28, 2011, employers hiring individuals in the CNMI must use the standard Form I-9.