Delegate Gregorio Kilili C. Sablan (Ind-MP) said yesterday that it\u2019s necessary for CNMI employers to obey the requirements of the \u201ctouchback\u201d provision of the foreign worker program because U.S. Citizenship and Immigration Services had already modified its policy on implementing it in 2020.<\/p>\n
\u201cThis was the second time where USCIS actually did a little bit of an adjustment, an administrative remedy,\u201d said Sablan in an interview, adding that there should be no misunderstanding anymore on the employers\u2019 part about the provision. <\/p>\n
He said implementing the touchback provision is going to be a tough one, but if employers don\u2019t start doing this, it could be a problem.<\/p>\n
\u201cThere needs to be planning not just within companies. \u2026It\u2019s going to be difficult but necessary,\u201d the delegate said. <\/p>\n
Sablan participated in a meeting between USCIS and the Society for Human Resources Management CNMI Chapter last week, in which the USCIS had a presentation on CW-1 touchback provision. <\/p>\n
Touchback refers to a brief period when certain foreign workers are required to exit the CNMI and return to their home country. Some workers will be affected by the provision starting next year. <\/p>\n
Sablan said he can no longer help employers make accommodations because USCIS had already made administrative remedies. <\/p>\n
\u201cSome people want me to just get rid of the whole law. It\u2019s not [going to] happen. Not that I don\u2019t want to and even if I did, it\u2019s not going to happen. We are not going to repeal that,\u201d he said.<\/p>\n
Last August 2020, USCIS modified its policy on implementing the touchback requirement, so that alien workers will only be required to leave the CNMI for at least 30 days after two renewals of their CNMI-Only Transitional Worker (CW-1) visa clarification.<\/p>\n
In modifying its policy, USCIS then only considers CW-1 petitions approved on or after June 18, 2020, when they apply the touchback. <\/p>\n
CW-1 petitions approved on or after June 18, 2020, will be eligible for two consecutive renewal periods before having to go back to their home country. <\/p>\n
USCIS made such change in response to stakeholder feedback and disruptions caused by the COVID-19 pandemic.<\/p>\n
The Workforce Act required that, following the expiration of the second CW-1 renewal period, an alien may not again be eligible for a new CW-1 status until after the alien has remained outside of the United States for a continuous period of at least 30 days before the submission of a renewal petition on their behalf. <\/p>\n
CW-1 long-term workers, as defined in the U.S. Department of Homeland Security\u2019s interim final rule, are exempted from the department requirement.<\/p>\n","protected":false},"excerpt":{"rendered":"
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