Requirements for Workers
usinfo | 2013-08-15 14:52


 

An individual may be eligible for CW-1 nonimmigrant classification if he or she:
• Is ineligible for any other employment-based nonimmigrant status under U.S. immigration law
• Will enter or stay in the CNMI to work in an occupational category designated as needing foreign workers to supplement the resident workforce;
• Is the beneficiary of a petition filed by a legitimate employer who is doing business in the CNMI
• Is not present in the United States, other than the CNMI
• Is lawfully present in the CNMI if present in the CNMI
• Is otherwise admissible to the United States or is granted any necessary waiver of a ground of inadmissibility.

Q5. What qualifies as a “legitimate business” under this rule?
A5. The final rule defines a legitimate business as “a real, active, and operating commercial or entrepreneurial undertaking which produces services or goods for profit, or is a governmental, charitable, or other validly recognized nonprofit entity. The business must meet applicable legal requirements for doing business in the CNMI. A business will not be considered legitimate if it engages directly or indirectly in prostitution, trafficking in minors, or any other activity that is illegal under federal or CNMI law.”

Q6. What does “lawfully present in the CNMI” mean for purposes of eligibility for the CW nonimmigrant classification?
A6. In order to be eligible for a grant of status in the CNMI, an individual must be lawfully present in the CNMI. This means that the person must either (1) at the time the application for status is filed, be within the period of stay authorized by the “umbrella permit” or other CNMI authorization (which expires no later than Nov. 27, 2011); or (2) be within a period of lawful admission or parole into the CNMI granted by the Department of Homeland Security (DHS), except for an admission or parole as a tourist or business visitor.

Q7. What is the admission code for this visa classification?
A7. The nonimmigrant visa classification admission code is CW-1 for principal CNMI-Only Transitional Workers and CW-2 for their dependents.

Q8. Can the CW visa classification be extended beyond Dec. 31, 2014?
A8. Yes. The CW visa classification currently expires at the end of the transition period on Dec. 31, 2014. However, the U.S. Department of Labor has the authority to extend the validity period of the CNMI Transitional Worker visa categories beyond Dec. 31, 2014. The Secretary of Labor may extend the transitional worker program if it is determined that current and anticipated labor needs justify such an extension to ensure adequate employment in the CNMI.

 

美闻网---美国生活资讯门户
©2012-2014 Bywoon | Bywoon