News: USCIS Accepting Petitions Under the CNMI Disaster Recovery Workforce Act

<h1> <div id=”ct-title”> USCIS Accepting Petitions Under the CNMI Disaster Recovery Workforce Act </div> </h1> <div id=”main-body”> <div> <div> <div> <p> USCIS is accepting CW-1 petitions filed under the Disaster Recovery Act. If you want us to consider your case under the Disaster Recovery Act, you should submit Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker, along with a cover sheet stating “CNMI Disaster Recovery Workforce Act Eligible” in large, bold letters, and evidence to show that a worker: <s> </s> </p> <ul> <li> Is performing service or labor under a contract or subcontract for construction, repairs, renovations or facility services directly connected to, or associated with recovery from a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. section 5122)); or </li> <li> Is performing service or labor under a contract or subcontract for construction, repairs, renovations or facility services directly connected to preparation for a future disaster or emergency. </li> </ul> <p> Prospective employers may only petition under the Disaster Recovery Act for CW-1 construction workers who are nationals of a country designated as eligible to participate in the H-2B visa program during calendar year 2018, as identified in the <a href=”https://www.govinfo.gov/content/pkg/FR-2018-01-18/pdf/2018-00812.pdf” > Federal Register notice (PDF) </a> . </p> <p> The general prohibition against CW-1 construction workers and its exception for workers who have maintained CW-1 status since before Oct. 1, 2015, continue to apply for CW-1 petitions that are not eligible under the Disaster Recovery Act. </p> <p> In the coming weeks, we will announce additional guidance for petitions filed under the Disaster Recovery Act. Until then, CW-1 petitioners should continue to follow all other current USCIS regulations and procedures as applicable for CW-1 workers, including that all CW-1 filings must include an approved temporary labor certification from the U.S. Department of Labor. </p> <h2> Background Information </h2> <p> The recent Further Consolidated Appropriations Act of 2020 established the CNMI Disaster Recovery Workforce Act (Disaster Recovery Act), Pub. L. 116-94, Title IX. Effective immediately, the Disaster Recovery Act increases the CW-1 cap by 3,000 for fiscal years 2020, 2021 and 2022 for construction and extraction occupations for certain aliens performing service or labor directly connected to, or associated with recovery from a presidentially declared major disaster or emergency, or for preparation for a future disaster or emergency. </p> <div id=”main”> <div id=”content”> <div id=”last-updated-date”> Last Reviewed/Updated: <time> 02/19/2020 </time> </div> </div> </div> <footer id=”footer”> <div> <div id=”block-wcm-node-feedback-wcm-node-feedback-form-block” > <fieldset id=”edit-wcm-node-feedback-form–2″> <div> <legend> </legend> </div> </fieldset> </div> </div> </footer> </div> </div> </div> </div>
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