CW-1 Petitions under the Disaster Recovery Act

USCIS is accepting CW-1 petitions under the Disaster Recovery Act.

Prospective employers must submit an approved temporary labor certification from the U.S. Department of Labor and 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:

• 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

• 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.
In the coming weeks, USCIS will announce additional guidance for petitions filed under the Disaster Recovery Act.

H-1B registration for FY 2021

USCIS announced that it is implementing an electronic registration requirement for petitioners seeking to submit H-1B cap-subject petitions starting MARCH 1. 2020.

Employers seeking to file FY2021 H-1B cap-subject petitions, including those eligible for the advanced degree exemption, must first electronically register and pay an associated $10 fee for each electronic registration they submit to USCIS.

Under this new process, employers seeking H-1B workers subject to the cap, or their authorized representatives, will complete an electronic registration process that will require only basic information about their company and each requested worker. Duplicate registrations are prohibited. Petitioners can register multiple aliens during a single online submission. However, a petitioner may only submit one registration per beneficiary in any fiscal year.

Employers and their representatives will be able to set up required registration accounts prior to March 1.

USCIS intends to close the initial registration period on March 20, 2020, and will announce the actual end date of the initial registration period on its website.

USCIS will then run a random selection process on those electronic registrations. Only those with selected registrations will be eligible to file H-1B cap-subject petitions within the filing period indicated on the eligibility notice.

USCIS intends to notify registrants and their representatives with selected registrations via their USCIS online accounts no later than March 31, 2020.

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