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Clarification on CW-1 Extension of Stay Petitions

Archived Content

The information on this page is out of date. However, some of the content may still be useful, so we have archived the page.

Release Date

On May 20, USCIS announced that it had received a sufficient number of petitions to reach the numerical limit (the “cap”) of 12,999 workers who may be issued CW-1 visas or otherwise provided with CW-1 status for fiscal year (FY) 2016. May 5 was the final receipt date for CW-1 worker petitions requesting an employment start date before October 1, 2016. We are clarifying that although extension of stay petitions for current CW-1 workers are counted toward the CW-1 cap, these petitions will be accepted under certain circumstances.

CW-1 Extension of Stay Petitions

All CW-1 workers are subject to the cap unless the worker has already been counted toward the cap in the same fiscal year. The U.S. government’s fiscal year begins on October 1 and ends on September 30. 

If CW-1 workers were already counted toward the CW-1 cap for FY 2016, meaning that their previous employment start date was on or after October 1, 2015, then their employer can file a petition to change employers or extend CW-1 status in FY 2016, even though the FY 2016 CW-1 cap was reached on May 5, 2016. 

Additionally, we are currently accepting CW-1 petitions requesting an employment start date on or after October 1, 2016, which are counted toward the FY 2017 CW-1 cap.

We encourage CW-1 employers to file a petition for a CW-1 nonimmigrant worker up to 6 months in advance of the proposed employment start date, and as early as possible within that timeframe. We will reject a petition if it is filed more than 6 months in advance.

Alternate Classifications

We encourage employers and employees to review the Working in the U.S. pages of our website for a list of all available classifications for temporary and permanent workers. Click the links to read a general description of each classification, eligibility criteria and other filing requirements.

Read more information about the CW-1 work program, or call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).

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