Fraud Detection Fee Mandated for Northern Mariana Islands Employers; E-Verify Enrollment Now Required for CW-1 Visas

Introduction

In a move aimed at preventing fraud and ensuring the integrity of its workforce program, the United States government has implemented new measures for employers in the Northern Mariana Islands. The recently signed Northern Mariana Islands U.S. Workforce Act of 2018 introduces significant changes to the CNMI-Only Transitional Worker program (CW-1 program), including a mandatory fraud prevention and detection fee and E-Verify enrollment requirements.

Mandatory Fraud Prevention and Detection Fee

As part of the new law, employers seeking to hire foreign workers under the CW-1 program will now be required to pay a $50 fraud prevention and detection fee with each petition. This fee is effective immediately for petitions received after July 24, 2018. Any petitions received without the correct fee will be rejected by USCIS.

Key Points

• The new fee does not apply to CW petitions already filed and pending as of July 24, 2018.
• Employers must pay the $50 fraud prevention and detection fee with each petition.

E-Verify Enrollment Requirements

In addition to the mandatory fee, employers seeking CW-1 workers must now enroll in E-Verify, a web-based system that confirms an employee’s eligibility to work in the United States. This requirement is effective immediately for all new petitions.

Key Points

• Employers must enroll in E-Verify as part of the petition process.
• E-Verify enrollment ensures the integrity of the workforce program by verifying the eligibility of foreign workers.

CW-1 Cap Increases and Petition Process Changes

The Northern Mariana Islands U.S. Workforce Act of 2018 also increases the CW-1 cap for fiscal year 2019 from 4,999 to 13,000. This change is effective immediately, and employers whose petitions were rejected due to the cap must file a new petition if they want their workers to be considered under the increased cap.

Key Points

• The CW-1 cap increases from 4,999 to 13,000 for fiscal year 2019.
• Employers must file a new petition if their original petition was rejected due to the cap.

Other Changes and Provisions

The Act also extends several provisions of the Consolidated Natural Resources Act of 2008, including:

Extended Provisions

• Exemption from national caps for H-1B and H-2B workers in the CNMI and on Guam
• Bar on asylum applications in the CNMI
• CNMI-Only Nonimmigrant Investor (E-2C) program

The Department of Homeland Security is exercising its discretion to delay implementation of other changes to the CW program until an interim final rule is issued.

Important Note

Employers are advised to ensure they have the correct version of Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker. USCIS will only accept the May 9, 2018 version and will reject and return fees for any petitions submitted using earlier versions.