U.S. Citizenship and Immigration Services reminds employers to send accurate and complete I-129 CW extension submissions. Inaccurate or incomplete applications may result in a lapse of employment for workers.
Multiple workers: A single CW-1 extension petition can only be filed for multiple workers if they have the same jobs, location, validity periods, etc.
Supporting evidence: In addition to Form I-129 CW Petition for a CNMI-Only Nonimmigrant Transitional Worker and the attestation, an employer must provide supporting evidence showing that the information provided about the worker, the employer and the job position is accurate and meets eligibility criteria, such as showing that the required job announcements were posted or that the beneficiary was in valid status when filing a change of employer petition. Detailed information about the items required for an extension of stay petition can be found on page 4 of the I-129CW instructions. The link to these instructions is found at www.uscis.gov/i-129cw.
If a submission is incomplete, USCIS may send out a Request for Evidence (RFE), which would delay the extension of the transitional worker and perhaps result in employment delays while awaiting the required information.
Timely filing: Employers may file an extension request for an employee in CW status up to six months in advance of the expiration date of the employee’s current status, and are encouraged to file as soon as possible within that time frame to prevent gaps in employment authorization. USCIS will reject extensions filed more than six months in advance of the employee’s expiration date.
More information: USCIS urges employers to use the resources available on the USCIS website at www.uscis.gov/cw. (USCIS)