GRE(iOR IO Kl LILI CAMACHO SABLAN NORTIIEil N M;IRI ;\ NA ISLANDS COMMITTEE ON EDUCATION AND THE WORKFORCE ON IIE..\ I. TII, EMI'L()YME/'o 'T, L\ OOR AND PF .NS IONS RANKIN(] ME \IIlt;R lfiGIIEK EOUCATION AND WORKrORC[. 0EVrt Mr. L. Francis Cissna QCongress of tbe Wniteb j!Jouse of 11\epresentatibes :i.D(II: 20515 January 10,20 18 Director, U.S. Citizenship and Immigration Services Office of the Director Room 5110 MS 2000 Washington, DC 20529-2000 Dear Director Cissna, COMMirrEE ON NATURAL RESOURCES Sunco,\tMtr n m ON l NDtAo"l, INSUt AR AND ALASKA NATIVE AfFAIRS TTEE ON \VATER, PoWER ANU OCE ANS COMMITTEE ON VETERANS' AFFAIRS oz..: D lSAJliU TY AsstST A.:-.:cE. AND MF -\IORI.AL AFFA IRS ON OVI::.RSIGIIT "-'"0 lNVE..'ITIG.\TIONS In recent weeks, this congressional office has been receiving reports from numerous employers in the Northern Mariana Islands that their petitions for Commonwealth-Only Transitional (CW-1) workers have been rejected by the U.S. Citizenship and Immigration Services because the agency has received a sufficient number of petitions to reach the Fiscal Year 2018 CW -1 cap. These reports require an explanation. • When my legislation, the Northern Mariana Islands Economic Expansion Act (NMIEEA), was signed last August, it was expected that the Act's exclusion of new constmction workers from the CW -1 program would ensure that most CW -1 workers, who were lawfully present and employed prior to the constmction surge in Fiscal Year 2016, would be protected in Fiscal Year 2018, while Congress worked on long-term legislation to address the labor needs of the Marianas. This expectation was based on the data in the Government Accountability Office report Commonwealth of the Northern Mariana Islands: Implementation of Federal Minimum Wage and Immigration Laws release in May 2017. GAO reported that before the surge in new constmction workers that used up thousands of permits in 2016 and 2017, there were 9,715 CW-1 workers employed by local businesses in the Marianas - less than the numerical limit of9,998 announced by US CIS for Fiscal Year 2018. Despite that difference between the base number ofCW-1 workers employed before the constmction boom and the Fiscal Year 20 18 cap, what we are now see ing is that users is issuing rejection notices to hundreds of workers in sectors across the Marianas economy who have been "capped out." These workers include health care professionals, power plant operators, hotel and restaurant staff, tour operators, accountants, caregivers for elderly and disabled individual s, teachers, maintenance workers, hou sekeepers, security guards, and many others employed by long-time, local businesses that are the backbone of the Marianas economy. Some employers a re already preparing to either cut back operations or close down. Many of these companies employ U.S. workers, as we ll , who could now lose their jobs. One possible explanation, reported to me, is that certain companies may have submitted petitions for hundred s, or even thousands, of non-construction CW -I workers \\'n.;hington. DC Office 2411 RaJ burn H0 £1 W,1 "ihing1nn,DC 20515 Phone: (201) 125- 2tH6 Sni pau Offi.::c J>.O. llu< 504819 Sai pan. MJ> 969511 [fo10) 313- 1641/8 Rota Office P.O. llO> 1361 R01a, 96951 [610) 5.11- 1647 I I I oil Fr('c: I (877) .J--10- q (,5 PAIN reo Oil RECYCLED PAPER Ti11i.1110ffirf 1'.0 . flO\ 520.\94 '1 in ian . 96952 (610)4.1.1- 26-17
Transcript
GRE(iORIO Kl LILI CAMACHO SABLAN NORTIIEilN M;IRI;\ NA ISLANDS
COMMITTEE ON EDUCATION AND THE WORKFORCE
"iURt..O~I~II'ITflF ON I IE..\ I.TII, EMI'L()YME/'o'T,
L\OOR AND P F.NSIONS RANKIN(] M E \IIlt;R
Suoco~ni111F.Eos lfiGIIEK EOUCATION AND WORKrORC[. 0EVrt OP~ICNT
Mr. L. Francis Cissna
QCongress of tbe Wniteb ~tates j!Jouse of 11\epresentatibes
~asbinuton, :i.D(II: 20515
January 10,2018
Director, U.S. Citizenship and Immigration Services Office of the Director Room 5110 MS 2000 Washington, DC 20529-2000
Dear Director Cissna,
COMMirrEE ON NATURAL RESOURCES Sunco,\tMtr nm ON l NDtAo"l, INSUt AR
AND ALASKA NATIVE AfFAIRS SUBCO~IMI TTEE ON \VATER, PoWER ANU OCE ANS
COMMITTEE ON VETERANS' AFFAIRS SutteO~I\tJTrEE oz..: D lSAJliU TY AsstST A.:-.:cE.
AND MF-\ IOR I.AL AFFA IRS
SU8CO~I~U1TE.E ON OV I::.RSIGIIT "-'"0 l NVE..'ITIG.\TIONS
In recent weeks, this congressional office has been receiving reports from numerous employers in the Northern Mariana Islands that their petitions for Commonwealth-Only Transitional (CW-1) workers have been rejected by the U.S. Citizenship and Immigration Services because the agency has received a sufficient number of petitions to reach the Fiscal Year 2018 CW -1 cap. These reports require an explanation. •
When my legislation, the Northern Mariana Islands Economic Expansion Act (NMIEEA), was signed last August, it was expected that the Act's exclusion of new constmction workers from the CW -1 program would ensure that most CW -1 workers, who were lawfully present and employed prior to the constmction surge in Fiscal Year 2016, would be protected in Fiscal Year 2018, while Congress worked on long-term legislation to address the labor needs of the Marianas. This expectation was based on the data in the Government Accountability Office report Commonwealth of the Northern Mariana Islands: Implementation of Federal Minimum Wage and Immigration Laws release in May 2017. GAO reported that before the surge in new constmction workers that used up thousands of permits in 2016 and 2017, there were 9,715 CW-1 workers employed by local businesses in the Marianas - less than the numerical limit of9,998 announced by US CIS for Fiscal Year 2018.
Despite that difference between the base number ofCW-1 workers employed before the constmction boom and the Fiscal Year 20 18 cap, what we are now seeing is that users is issuing rejection notices to hundreds of workers in sectors across the Marianas economy who have been "capped out." These workers include health care professionals, power plant operators, hotel and restaurant staff, tour operators, accountants, caregivers for elderly and disabled individuals, teachers, maintenance workers, housekeepers, security guards, and many others employed by long-time, local businesses that are the backbone of the Marianas economy. Some employers are already preparing to either cut back operations or c lose down. Many of these companies employ U.S. workers, as well, who could now lose their jobs.
One possible explanation, reported to me, is that certain companies may have submitted petitions for hundreds, or even thousands, of non-construction CW -I workers
\\'n.;h ington. DC Office 2411 RaJ burn H0 £1
W,1 "ihing1nn,DC 20515 Phone: (201) 125- 2tH6
Snipau Offi.::c J>.O. llu< 504819
Saipan. MJ> 969511 [fo10) 313-1641/8
Rota Office P.O. llO> 1361
R01a , ~lP 96951 [610) 5.11- 1647
ltttp:J/~abl,ln . hou.,c.guv I kilili~" mnil.huii,C.£,0\ I I oil Fr('c: I (877) .J--10- q (,5
PAIN reo Oil RECYCLED PAPER
Ti11i.1110ffirf 1'.0 . flO\ 520.\94
'1 in ian. ~IP 96952 (610)4.1.1- 26-17
Mr. L. Francis Cissna January 10, 2018 Page 2
for Fiscal Year 2018. And, in some instances, the jobs for these workers may not actually exist, the company may lack sufficient resources to sustain its workforce, or the company is not otherwise a legitimate business. If this is indeed the case, it may explain why we are seeing so many workers who are being displaced now, so early in the fiscal year, even after the NMIEEA' s bar on new construction workers from the CW -1 program.
Legitimate employers who comply with the rules and meet all the requirements of the CW -1 program should not have to compete with bad actors to access the workers they need, especially given the limited number of CW -1 permits available. I therefore request that, consistent with all applicable federal statutes, rules, and regulations, USCIS:
I. Undertake a closer review of employers who are petitioning for large numbers of CW -1 workers;
2. Revoke or deny permits for businesses that cannot show that bona fide jobs exist for their workers, cannot show that they have sufficient resources to pay these workers, or are found not to be a legitimate business or to have violated or be in violation of Federal or Commonwealth employment laws or regulations; and
3. Return any revoked or denied permits to the CW -1 pool so that legitimate businesses may avail of them.
I also request that USCIS provide me a report on any employers that have petitioned for more than 200 CW -1 workers for Fiscal Year 2018, and, of these employers, the number and occupational categories of beneficiaries for whom permits have been approved, denied, rejected, or remain pending as of January 12, 2018, and the number of petitions that are new and the number that are renewals. Because of the ongoing economic disruption affecting my constituents, I request this report be provided within 10 business days of today.
Thank you very much for your time and assistance. Please let me know if you require further information. Your staff may also contact my staff, Ms. Frances Diaz, at (202) 225-2646 or [email protected].
Sincerely,
~\.-~ GREGORIO KlLILI CAMACHO SABLAN Member of Congress
April12, 2018
The Honorable Gregorio Kilili Camacho Sablan U.S. House of Representatives Washington, DC 20515
Dear Representative Sablan:
U.S. Depnrtment of Homeland Security U.S. Citizenship and Immigration Services Office r~(the Director (MS 2000) Wa~h ington. DC 20529-2000
U.S. Citizenship and Immigration Services
Thank you for your January 10, 2018 letter regarding the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program and the fiscal year (FY) 2018 CW -1 cap. Your letter provided U.S. Citizenship and Immigration Services (US CIS) an explanation of the impact on employers in the CNMI from the cap having been reached. You also recommended ways in which US CIS can adjudicate CW -1 petitions to ensure that employers who participate in the CW -1 program are engaged in legitimate business, and requested information on employees who have petitioned for more than 200 CW -1 workers in FY 2018.
Regarding your recommendation of ways USCIS can improve its adjudication, employers seeking to hire CW -1 nonimmigrant workers must, among other things, provide evidence to demonstrate that they meet the definition of an eligible employer and are operational. If, through the course of adjudication, USCIS has reason to doubt the operational status of an employer, USCIS will issue a Request for Evidence or other notice, as appropriate. If the record does not establish by a preponderance of the evidence that the employer is eligible to participate in the CW-1 program, then the petition will be denied. Any potential fraud concerns will also be investigated by appropriate USCIS personnel. IfUSCIS has a reasonable basis to suspect that an employer is not complying with the terms and conditions of an approved petition, fmther investigation may occur and USCIS may reopen and deny a previously approved petition.
Your letter also asked to have revoked and denied permits retumed to the CW -1 cap. In determining how many CW petitions to accept for filing under the numerical cap, USCIS already makes allowance for the fact that some filed petitions will be denied, and some approved petitions will not be used. In this regard, revoked and denied petmits were already taken into account.
Finally, your letter asked us to provide a report on the number of employers in the CNMI that have petitioned for 200 or more CW -1 workers for FY 2018, the nwnber and occupational categories of beneficiaries for whom permits had been approved, denied, rejected or rernained pending as of January 12,2018, and whether the requests were for new employment or were renewals. Due to system limitations, please note that USCIS cannot provide detailed information on CW -1 petitions that were rejected (not accepted for processing), and can only provide general occupational code information for those petitions that were approved. This information can be found in the attached enclosure.
www.uscis.gov
The Honorable Gregorio Kilili Camacho Sablan Page 2
USCIS appreciates your concern with maintaining the integrity of the CW -1 program and ensw-ing that petitions are adjudicated within the regulatory and statutory framework. USCIS will continue to follow the progress of the efforts to develop legislation to overhaul and extend the CW program beyond 2019 and will be prepared to provide any technical assistance that might be requested by the committees of jurisdiction.
Thank you again for your letter and interest in this important issue. Should you wish to discuss this matter further, please contact the US CIS Office of Legislative Affairs at (202) 272-1940.
Enclosure
Respectfully,
L. Francis Cissna Director
This data represents 1-129 CW1 Fiscal Year 2018 Cap receipts from April 3 - 11 with their adjudicative status. This data also highlights those
petitioners with 200 or more beneficiaries by their status, type of petition, and occupations for approvals. The data is current as of January
12,2018.
U.S. Citizenship & Immigration Services
I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker
Approvals, Denials, and Pending Petitions and Beneficiaries
Fiscal Year 2018 Cap (Apr 3 - 11, 2017 Receipt Dates)
Adjudicative Status Petitions Beneficiaries
Approved 4,617 8,253
Denied 335 1,324
Pending 610 1,711
Grand Total • 5,562 11,288
Please note:
1) The report reflects the most up-to-dote data available at the time the report Is generated.
2) This report reflects dolo as of January 12, 2018.
3} Split decisions ore only reported for petitions that hove been approved. In all other cases, the beneficiary level statuses reflect the status of the petition.
4} There were 3 petitions with receipt dotes outside the cop window but with cops annotations matching the FY18 cap. These petitions and beneficiaries all hove a pending status far 1, 2, and 9 (total of 12 beneficiaries). They were excluded from the counts.
5) Petitioners who petitioned for ZOO or more beneficiaries determined by petitioner tax number.
This data represents 1-129 CW1 Fiscal Year 2018 Cap receipts from April 3 - 11 with their adjudicative status. This data also highlights those petitioners with 200
or more beneficiaries by their status, type of petition, and occupations for approvals. The data is current as of January 12, 2018.
U.S. Citizenship & Immigration Services
I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker Petitioners who petitioned for 200 or more beneficiaries by type of petition and current status
Fiscal Year 2018 Cap (Apr 3- 11, 2017 Receipt Dates)
Petitions Beneficiaries Current Status by Petitioner Firm Name New EKtension of New EKtenslon of
JIANGSU PROVINCIAL CONSTRUCTION GR (660876505) 15 0 15 605 0 605 APPROVED 6 0 6 65 0 65
DENIED 8 0 8 539 0 539
PENDING 1 0 1 1 0 1
WIN WIN WAY CONSTRUCTION CO SAIPAN (660826685) 9 6 15 432 15 447 APPROVED 6 2 8 282 2 284
DENIED 0 2 2 0 3 3
PENDING 3 2 5 150 10 160
Please note:
1) The report reflects the most up-to-date data available at the time the report Is generated.
2) This report reflects data os of January 12, 2018.
3) Split decisions are only reported for petitions that have been approved. In all other cases, the beneficiary level statuses reflect the status of the petition.
4) There were 3 petitions with receipt dates outside the cap window but with caps annotations matching the FY18 cap. These petitions and beneficiaries all have o pending status for 1, 2, and 9 (toto/ of 12 beneficiaries). They were excluded from the counts.
5) Petitioners who petitioned for 200 or more beneficiaries determined by petitioner tax number.
This data represents 1-129 CW1 Fiscal Year 2018 Cap receipts from April3 -11 w ith their adjudicative status. This data also
highlights those petitioners with 200 or more beneficiaries by their status, type of petition, and occupations for approvals. The data is current as of January 12, 2018.
U.S. Citizenship & Immigration Services
I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker
Petitioners who petitioned for 200 or more beneficiaries by occupation for approvals only
Fiscal Year 2018 Cap (Apr 3- 11, 2017 Receipt Dates)
Occupation by Petitioner Firm Name - Approved Petitions Approved Beneficiaries
Grand Total 533 1,947
Accountant, Auditor 9 17
Administrative Supporter 57 166
Agri/ Horticultural Worker 1 2
Ath letes & Related Workers 1 1
Building Service 18 165
Construction Trades 3 150 Editor, Reporter, etc. 3 10
Science Technician 1 1 WIN WIN WAY CONSTRUCTION CO SAIPAN (660826685) 8 284
Administrative Supporter 1 1 Building Service 2 100 Construction Trades 3 150 Executives & Managers 1 1 Precision Production 1 32
Please note:
1) The report reflects the most up-to-date data available at the time the report is generated.
2) This report reflects data as of January 12, 2018.
3) Split decisions are only reported for petitions that hove been approved. In all other cases, the beneficiary level statuses reflect the status of the petition.
4) There were 3 petitions with receipt dates outside the cap window but with caps annotations matching the FY18 cap. These petitions and beneficiaries all have a pending status for 1, 2, and 9 (total of 12 beneficiaries). They were excluded from the counts.
5} Petitioners who petitioned far 200 or more beneficiaries determined by petitioner tax number.
