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Fiscal Year 2014 Limit Set for CNMI-Only Transitional Workers
DHS will allow 14,000 CW-1 nonimmigrants for FY 2014
WASHINGTON—The Department of Homeland Security (DHS) announced today a limit of 14,000 nonimmigrants for fiscal year (FY) 2014 for the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program. DHS published the notice in today’s Federal Register.
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 under the Immigration and Nationality Act. The CW program is in effect until Dec. 31, 2014, during which time the CNMI’s nonresident worker program is being transitioned to the U.S. federal immigration system. This transition period was established by the Consolidated Natural Resources Act of 2008 (CNRA), which extended, for the first time, most provisions of U.S. immigration law to the CNMI.
The annual CNRA-required reduction in CW-1 workers will eliminate the CW nonimmigrant classification by the end of the transition period. DHS set the CW-1 limit for FY 2014 at 14,000 to meet the CNMI’s existing labor market needs and provide opportunity for potential growth, while meeting a CNRA requirement to reduce the numerical limit each year. The CW program will end Dec. 31, 2014, unless it is extended by the U.S. Secretary of Labor.
Today’s 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 or they seek to change CW-1 employer. Approved petitions that request a work-start date in FY 2014 (between Oct. 1, 2013, and Sept. 30, 2014) will count toward the 14,000 limit. The numerical limit applies only to CW-1 principals. It does not directly affect persons currently holding CW-2 status, which is for spouses and minor children of CW-1 nonimmigrants. However, CW-2 nonimmigrants may be indirectly affected because their status depends upon that of the principal CW-1.
A numerical limit of 15,000 CW-1s was set for FY 2013. As stated in the notice, as of Aug. 13, 2013, employers in the CNMI filed petitions for at least 7,323 transitional workers.
For more information and announcements about immigration benefits in the CNMI, please visit our CNMI Web page at www.uscis.gov/cnmi.
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