[Federal Register Volume 81, Number 171 (Friday, September 2, 2016)]
[Rules and Regulations]
[Pages 60581-60582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21325]



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  Federal Register / Vol. 81, No. 171 / Friday, September 2, 2016 / 
Rules and Regulations  

[[Page 60581]]



DEPARTMENT OF HOMELAND SECURITY

8 CFR Part 214

[CIS No. 2586-16; DHS Docket No. USCIS-2012-0010]
RIN 1615-ZB59


Commonwealth of the Northern Mariana Islands (CNMI)-Only 
Transitional Worker Numerical Limitation for Fiscal Year 2017

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Notification of numerical limitation.

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SUMMARY: The Secretary of Homeland Security announces that the annual 
fiscal year numerical limitation for the Commonwealth of the Northern 
Mariana Islands (CNMI)-Only Transitional Worker (CW-1) nonimmigrant 
classification for fiscal year (FY) 2017 (October 1, 2016--September 
30, 2017) is set at 12,998. This notice announces the mandated annual 
reduction of the CW-1 numerical limitation and provides the public with 
additional information regarding the new CW-1 numerical limit. This 
notice ensures that CNMI employers and employees have sufficient 
information regarding the maximum number of foreign workers who may be 
granted CW-1 transitional worker status during FY 2017.

DATES: Effective Date: September 2, 2016.

FOR FURTHER INFORMATION CONTACT: Paola Rodriguez Hale, Adjudications 
Officer (Policy), Office of Policy and Strategy, U.S. Citizenship and 
Immigration Services, Department of Homeland Security, 20 Massachusetts 
Avenue NW., Washington, DC 20529-2060. Contact telephone 202-272-8377.

SUPPLEMENTARY INFORMATION:

I. Background

    Title VII of the Consolidated Natural Resources Act of 2008 (CNRA) 
extended U.S. immigration law, with limited exception, to the CNMI and 
provided CNMI-specific provisions affecting foreign workers. See Public 
Law 110-229, 122 Stat. 754, 853-854. The CNRA provided for a 
``transition period'' to phase out the CNMI's nonresident contract 
worker program and phase in the U.S. federal immigration system in a 
manner that minimizes adverse economic and fiscal effects and maximizes 
the CNMI's potential for future economic and business growth. See 
sections 701(b) and 702(a) of the CNRA.
    The CNRA authorized the Secretary of Homeland Security to create a 
nonimmigrant classification that would ensure adequate employment in 
the CNMI during the transition period. See section 702(a) of the CNRA; 
48 U.S.C. 1806(d). The Department of Homeland Security (DHS) published 
a final rule on September 7, 2011, amending the regulations at 8 CFR 
214.2(w) to implement a temporary, CNMI-only transitional worker 
nonimmigrant classification (CW classification, which includes CW-1 for 
principal workers and CW-2 for spouses and minor children). See 
Commonwealth of the Northern Mariana Islands Transitional Worker 
Classification, 76 FR 55502 (Sept. 7, 2011).
    The CNRA mandated an annual reduction in the allocation of the 
number of permits issued per year and in 2014 Congress extended the 
sunset date to provide for the total elimination of the CW nonimmigrant 
classification by the December 31, 2019 sunset date. See 48 U.S.C. 
1806(d)(2). At the outset of the transitional worker program, DHS set 
the CW-1 numerical limitation for FY 2011 at 22,417 and for FY 2012 at 
22,416. DHS announced these annual numerical limitations in DHS 
regulations at 8 CFR 214.2(w)(1)(viii)(A) and (B).
    DHS subsequently opted to publish any future annual numerical 
limitations by Federal Register notice. See 8 CFR 214.2(w)(1)(viii)(C). 
Instead of developing a numerical limit reduction plan, DHS determined 
that it would assess the CNMI's workforce needs on a yearly basis 
during the transition period. Id. This approach to the allocation 
system ensured that CNMI employers had an adequate supply of workers to 
better facilitate a smooth transition into the federal immigration 
system. It also provided DHS with the flexibility to adjust to the 
future needs of the CNMI economy and to assess the total foreign 
workforce needs based on the number of requests for transitional worker 
nonimmigrant classification received following implementation of the 
CW-1 program.
    DHS followed this same rationale for the FY 2013 and FY 2014 
numerical limitations. After assessing all workforce needs, including 
the opportunity for economic growth, DHS set the CW-1 numerical 
limitation at 15,000 and 14,000 respectively for FY 2013 and FY 2014. 
See CNMI-Only Transitional Worker Numerical Limitation for Fiscal Year 
2013, 77 FR 71287 (Nov. 30, 2012); CNMI-Only Transitional Worker 
Numerical Limitation for Fiscal Year 2014, 78 FR 58867 (Sept. 25, 
2013). DHS based the FY 2013 and FY 2014 numerical limitations on the 
actual demonstrated need for foreign workers in the CNMI during FY 
2012. See 77 FR 71287, 78 FR 58867.
    The CNRA directed that the U.S. Secretary of Labor must determine 
whether an extension of the CW program for an additional period of up 
to 5 years is necessary to ensure that an adequate number of workers 
will be available for legitimate businesses in the CNMI. The CNRA 
further provided the Secretary of Labor with the authority to provide 
for such an extension through notice in the Federal Register. On June 
3, 2014, the Secretary of Labor extended the CW program for an 
additional 5 years, through December 31, 2019. See Secretary of Labor 
Extends the Transition Period of the Commonwealth of the Northern 
Mariana Islands-Only Transitional Worker Program, 79 FR 31988 (June 3, 
2014).
    DHS based the FY 2015 numerical limitation on a number of factors, 
including:
     The Department of Labor's extension of the CW program;
     The CNMI's labor market needs; and
     The CNRA's mandate to annually reduce the number of 
transitional workers until the end of the extended transitional worker 
program.

See CNMI-Only Transitional Worker Numerical Limitation for Fiscal Year

[[Page 60582]]

2015, 79 FR 58241 (Sept. 29, 2014). Since the Secretary of Labor 
extended the CW program at least until December 31, 2019, DHS decided 
to preserve the status quo, or current conditions, rather than 
aggressively reduce CW-1 numbers for FY 2015. DHS therefore reduced the 
numerical limitation nominally by one, resulting in an FY 2015 limit of 
13,999. See id.
    On December 16, 2014, Congress amended the law to extend the 
transition period until December 31, 2019. See Consolidated and Further 
Continuing Appropriations Act, 2015, Public Law 113-235, sec. 10, 128 
Stat. 2130, 2134 (codified at 48 U.S.C. 1806(d)). Congress also 
eliminated the Secretary of Labor's authority to provide for future 
extensions of the CW-1 program, requiring the CW-1 program to end (or 
sunset) on December 31, 2019. See id.
    For FY 2016, DHS reduced the numerical limitation by 1,000 to a 
limit of 12,999. See CNMI-Only Transitional Worker Numerical Limitation 
for Fiscal Year 2016, 80 FR 63911 (Oct. 22, 2015). On May 20, 2016, 
U.S. Citizenship and Immigration Services (USCIS) notified the public 
that it had received a sufficient number of petitions to reach the 
numerical limit (the ``cap'') of 12,999 workers who may be issued CW-1 
visas or otherwise provided with CW-1 status for FY 2016. The USCIS 
Update advised stakeholders that May 5, 2016 was the final receipt date 
for CW-1 worker petitions requesting an employment start date before 
October 1, 2016.\1\
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    \1\ See ``USCIS Reaches CW-1 Cap for Fiscal Year 2016,'' 
available at https://www.uscis.gov/news/alerts/uscis-reaches-cw-1-cap-fiscal-year-2016.
---------------------------------------------------------------------------

II. Maximum Number of CW-1 Nonimmigrant Workers for Fiscal Year 2017

    The CNRA requires an annual reduction in the number of transitional 
workers but does not mandate a specific numerical reduction. See 48 
U.S.C. 1806(d)(2). In addition, DHS regulations provide that the 
numerical limitation for any fiscal year will be less than the number 
established for the previous fiscal year, and that the adjusted number 
will be reasonably calculated to reduce the number of CW-1 nonimmigrant 
workers to zero by the end of the program. 8 CFR 214.2(w)(1)(viii)(C). 
DHS may adjust the numerical limitation at any time by publishing a 
notice in the Federal Register, but the Department may only reduce the 
figure. See 8 CFR 214.2(w)(1)(viii)(D).
    Because the CW-1 numerical limit was reached for FY 2016 on May 5, 
DHS has decided to preserve the status quo, or current conditions, 
rather than aggressively reduce CW-1 numbers for FY 2017. DHS 
recognizes that any numerical limitation must account for the fact that 
the CNMI economy continues to be based on a workforce composed 
primarily of foreign workers. DHS must reduce the annual numerical 
limitation as statutorily mandated. At the same time, DHS should ensure 
that there are enough CW-1 workers for future fiscal years until the 
end of the program. DHS therefore is reducing the numerical limitation 
nominally by one, resulting in an FY 2017 limit of 12,998.
    This new numerical limitation preserves access to foreign labor in 
the CNMI. Accordingly, DHS is reducing the maximum number of 
transitional workers from the current fiscal year numerical limitation 
of 12,999 and establishing 12,998 as the maximum number of persons who 
may be granted CW-1 nonimmigrant status in FY 2017. DHS nonetheless 
emphasizes that the statute requires the Department to reduce the 
annual numerical limitation to zero no later than the end of calendar 
year 2019. It therefore may be prudent for CNMI employers and CW-1 
workers to plan for more significant reductions in the annual numerical 
limitation in the years ahead.
    The FY 2017 numerical limitation for CW-1 nonimmigrant workers will 
be in effect beginning on October 1, 2016. Consistent with the rules 
applicable to other nonimmigrant worker visa classifications, if the 
numerical limitation for the fiscal year is not reached, the unused 
numbers do not carry over to the next fiscal year. See 8 CFR 
214.2(w)(1)(viii)(E).
    Generally, each CW-1 nonimmigrant worker with an approved 
employment start date that falls within FY 2017 (October 1, 2016--
September 30, 2017) will be counted against the new numerical 
limitation of 12,998. Counting each CW-1 nonimmigrant worker in this 
manner will help ensure that USCIS does not approve requests that would 
exceed the numerical limitation of 12,998 CW-1 nonimmigrant workers 
granted such status in FY 2017.
    This notice does not affect the current immigration status of 
foreign workers who have CW-1 nonimmigrant status. Foreign workers, 
however, will be affected by this notice when their CNMI employers 
file:
     For an extension of their CW-1 nonimmigrant 
classification, or
     A change of status from another nonimmigrant status to 
that of CW-1 nonimmigrant status.
    This notice does not affect the status of any individual currently 
holding CW-2 nonimmigrant status as the spouse or minor child of a CW-1 
nonimmigrant worker. This notice also does not directly affect the 
ability of any individual to extend or otherwise obtain CW-2 status, as 
the numerical limitation applies to CW-1 principals only. This notice, 
however, may indirectly affect individuals seeking CW-2 status since 
their status depends on the CW-1 principal's ability to obtain or 
retain CW-1 status.

Jeh Charles Johnson,
Secretary.
[FR Doc. 2016-21325 Filed 8-31-16; 4:15 pm]
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