USCIS Presentation: CW-1 Temporary Departure and 10-Day Admission Requirements

CW-1 Temporary Departure

and 10-Day Admission

Requirements

USCIS Presentation

May 2022

The CNMI Interim Final Rule (IFR) amended DHS

regulations to implement provisions of the Northern

Mariana Islands U.S. Workforce Act of 2018

(Workforce Act).

The IFR was published May 14, 2020, and went into

effect June 18, 2020.

Temporary Departure Requirement

• A beneficiary may not be granted CW-1 status beyond three consecutive

petition validity periods unless the beneficiary has departed and remained

outside of the United States for a continuous period of at least 30 days after the

expiration of the third consecutive petition validity period and before the filing

of any new petition on behalf of the beneficiary.

• This requirement does not apply to “CW-1

long-term workers” who were

admitted to the CNMI, or otherwise granted status, as a CW-1 worker during

fiscal year 2015 and during each of fiscal years 2016 through 2018.

Temporary Departure Requirement

• On August 25, 2020, USCIS announced that it will only consider CW-1

petitions approved on or after June 18, 2020, when applying the

requirement that certain CW-1 nonimmigrant workers depart the CNMI

for a period of at least 30 continuous days.

• For example, any alien approved on or after June 18, 2020, for a one-

year

CW-1 validity period beginning Oct. 1, 2020, will be eligible for two

more consecutive petition validity periods after the first period of

validity expires on Sept. 30, 2021.

Temporary Departure Requirement

• Any extension of CW-1 status in the CNMI, if granted on or after June 18, 2020,

will be considered a consecutive petition validity period.

• A petition approved for consular processing will also be considered a

consecutive petition validity period if there is not at least a one-day gap

between the ending validity date of the preceding petition and the starting

validity date of the petition requesting consular processing. For instance, if a

CW-1 worker had been approved through September 30, 2022, a subsequent

petition for consular processing must be requested and approved for a start

date on or after October 2, 2022, to be considered non-consecutive.

Temporary Departure Requirement

Example

Temporary Departure Requirement

If Initial Petition

Validity is:

…and Second Petition Validity is: …and Third Petition Validity is: …Then:

Oct. 1, 2020

-Sept. 30, 2021*

Oct. 1, 2021

-Sept. 30, 2022

Oct. 1, 2022

-Sept. 30, 2023

The worker must depart for at least 30 days after

Sept. 30, 2023 before new CW

-1 petition is filed.

Oct. 1, 2020

-Sept. 30, 2021*

July 1, 2021

-June 30, 2022 (Change of

Employer with 1 year validity and 9

month extension of stay)

July 1, 2022

-Dec. 31, 2022 (6- month

validity)

The worker must depart for at least 30 days after

Dec. 31, 2022 before new CW

-1 petition is filed.

Oct. 1, 2020

-Sept. 30, 2021*

Oct. 1, 2021

-Sept. 30, 2022

Jan. 1, 2023

-Dec. 31, 2023

The third petition was non

-consecutive, so the

worker is eligible for two more consecutive

petition validity periods before temporary

departure is required.

Oct. 1, 2020

-Sept. 30, 2021*

Oct. 1, 2021

-Sept. 30, 2022

Oct. 2, 2022

-Sept. 30, 2023 (with

Consular Processing

)

The third petition was non

-consecutive, so the

worker is eligible for two more consecutive

petition validity periods before temporary

departure is required.

Temporary Departure Requirement

• Where multiple beneficiaries on the same petition have been granted CW-1 status for

a different number of consecutive petition validity periods, each beneficiary will be

considered individually, and the petition could be subject to a partial approval.

• The temporary departure requirement will apply no matter how much time was

granted to any of the three previously approved petitions.

• The temporary departure requirement d

oes not apply to CW-2 dependents. However,

a dependent’s CW-2 status generally expires on the same day as the principal

nonimmigrant’s CW-1 status and can be extended when the CW-1 status is extended.

Temporary Departure Requirement

10-Day Admission Requirement

• USCIS may, in its discretion, send the petitioner a notice of intent to revoke (NOIR) the

petition in certain circumstances, such as if the beneficiary did not apply for admission

to the CNMI within 10 days after the beginning of the petition validity period if the

petition has been approved for consular processing.

• If USCIS decides to issue a NOIR, the petitioner would receive notice and the

opportunity to respond. In its response, the petitioner may submit additional evidence

and explain why the petition should not be revoked. There is also an appeal process.

• As noted, USCIS’ authority to issue a NOIR is discretionary. USCIS is aware that the

andemic has affected the ability to travel in some cases.

Revocations on Notice

Filing a CW-1 Petition

There is a CW-1 petition filing window as follows:

• Employers requesting Extension of Stay for CW-

1 employees can file

petitions 180 days before the expiration of current CW-1 status.

• Employers filing for new CW-

1 employment may file no more than

120 days prior to the need for CW-1 employment.

Filing a CW-1 Petition

An employer uses Form I-129CW to petition for CW-1 workers.

• The base filing fee is currently $460,

• $200 CNMI education fee per beneficiary, per year,

• $50 fraud prevention & detection fee per petition, and

• $85 biometric service fee per beneficiary, when necessary.

To view fees, form, and instructions, visit https://www.uscis.gov/i-

129cw

Filing a CW-1 Petition

• All CW-1 workers must be named in the petition.

• Employers may include multiple workers on the same petition, provided they are

equesting the same action for each worker, and all the workers will be: working in

the same occupational category; working under the same terms and conditions;

employed for the same period of time; and employed in the same location(s).

• All CW-1 workers on the same petition must request the same consideration as

long-term or non-long-term workers.

• Employers may file one petition to request all of the CW-1

workers authorized by a

single Temporary Labor Certification (TLC).

Disclaimer

This presentation is intended solely for informational

purposes. It is not intended to, does not, and may not be relied

upon to create or confer any right(s) or benefit(s), substantive

or procedural, enforceable at law by any individual or other

party in benefit applications before USCIS, in removal

proceedings, in litigation with the United States, or in any

other form or manner. This presentation does not have the

force of law, or of a DHS directive.

Dissemination

This presentation may not be reproduced or further

disseminated without the express written consent of the USCIS

Office of Policy and Strategy.