80_FR_64115 80 FR 63911 - Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker Numerical Limitation for Fiscal Year 2016

80 FR 63911 - Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker Numerical Limitation for Fiscal Year 2016

DEPARTMENT OF HOMELAND SECURITY

Federal Register Volume 80, Issue 204 (October 22, 2015)

Page Range63911-63912
FR Document2015-26963

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) 2016 (Oct. 1, 2015-Sept. 30, 2016) is set at 12,999. This document 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 docuemnt 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 2016.

Federal Register, Volume 80 Issue 204 (Thursday, October 22, 2015)
[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Rules and Regulations]
[Pages 63911-63912]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26963]



[[Page 63911]]

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DEPARTMENT OF HOMELAND SECURITY

8 CFR Part 214

[CIS No. 2565-15; DHS Docket No. USCIS-2012-0010]
RIN 1615-ZB43


Commonwealth of the Northern Mariana Islands (CNMI)-Only 
Transitional Worker Numerical Limitation for Fiscal Year 2016

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

ACTION: Notification of numerical limitation.

-----------------------------------------------------------------------

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) 2016 (Oct. 1, 2015-Sept. 30, 2016) 
is set at 12,999. This document 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 
docuemnt 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 2016.

DATES: Effective Date: October 22, 2015.

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-
1470.

SUPPLEMENTARY INFORMATION:

I. Background

    Title VII of the Consolidated Natural Resources Act of 2008 (CNRA) 
extended U.S. immigration law to the CNMI and provided CNMI-specific 
provisions affecting foreign workers. See Pub. L. 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 Department of Homeland Security (DHS) 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). 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 mandates an annual reduction in the allocation of the 
number of permits issued per year and the total elimination of the CW 
nonimmigrant classification by December 31, 2019. See section 702(d)(2) 
of the CNRA, as amended by the Consolidated And Further Continuing 
Appropriations Act, 2015, Pub. L. 113-235, Sec.  10, 128 Stat. 2130, 
2134 (Dec. 16, 2014); 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 instead 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 fiscal 
year 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) and CNMI-Only 
Transitional Worker Numerical Limitation for Fiscal Year 2014, 78 FR 
58867 (Sept. 25, 2013). The FY 2013 and FY 2014 numerical limitations 
were based on the actual demonstrated need for foreign workers within 
the CNMI during FY 2012. See 77 FR 71287, 78 FR 58867.
    The CNRA directed that the U.S. Secretary of Labor 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, and further 
provided the Secretary of Labor with the authority to provide for such 
an extension through notice in the Federal Register. See 48 U.S.C. 
1806(d)(5). 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).
    The FY 2015 numerical limitation was based 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 2015, 79 FR 58241 (Sept. 29, 2014).
    Since the Secretary of Labor significantly 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 CNRA to extend the 
transition period until December 31, 2019. See Consolidated and Further 
Continuing Appropriations Act of 2015, Public Law 113-235, Sec.  10, 
128 Stat. 2130, 2134 (amending 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.

II. Maximum Number of CW-1 Nonimmigrant Workers for Fiscal Year 2016

    The CNRA requires an annual reduction in the number of transitional

[[Page 63912]]

workers but does not mandate a specific 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 it 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 may only reduce the figure. See 8 CFR 214.2(w)(1)(viii)(D).
    To comply with these requirements, meet the CNMI's labor market's 
needs, provide opportunity for growth, and preserve access to foreign 
labor, DHS has set the numerical limitation for FY 2016 at 12,999. DHS 
arrived at this figure by taking the number of CW-1 nonimmigrant 
workers needed based on the FY 2015 limitation of 13,999, and then 
moderately reducing it by 1,000 or approximately 7.2 percent. The new 
number will accommodate continued economic growth within the CNMI that 
might result in a need for additional CW-1 nonimmigrant workers during 
FY 2016. Therefore, CNMI businesses can continue to hire CW-1 workers 
to meet their current and future need for foreign workers.
    In setting this new numerical limitation for FY 2016, DHS 
considered its effect in conjunction with the published media reports 
indicating that the CNMI economy continues to grow \1\ and that any 
reduction in the number of CW-1 workers available will have to account 
for new investments and the expansion of existing businesses in order 
to support such economic growth.\2\
---------------------------------------------------------------------------

    \1\ See Cherrie Anne E. Villahermosa, CNMI Sustaining Economic 
Growth Momentum, Marianas Variety, June 30, 2015, available at 
http://pidp.eastwestcenter.org/pireport/2015/June/06-30-19.htm.
    \2\ See Raquel C. Bagnol, Labor Chief Says CW Allocation Needs 
to be Revisited, Marianas Variety, June 17, 2015, available at 
http://www.mvariety.com/cnmi/cnmi-news/local/77978-labor-chief-says-cw-allocation-needs-to-be-revisited.
---------------------------------------------------------------------------

    For the aforementioned reasons, 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. 
Therefore, any new fiscal year numerical limit should allow for 
economic growth until the end of the transitional worker program, which 
is now December 31, 2019. DHS must reduce the annual numerical 
limitation as statutorily mandated, but also should ensure that there 
are enough CW-1 workers for future fiscal years until the end of the 
program.
    As noted previously, Congress has mandated that the transition 
period end on December 31, 2019, without the possibility of an 
administrative extension of the CW program. See 48 U.S.C. 1806(a), (d). 
Given this firm sunset date and the CNRA's requirement to reduce the 
number of transitional workers to zero by the end of the transition 
period, DHS believes that a prudent approach to the numerical limit for 
the next fiscal year is to institute a meaningful but moderate 
reduction in the numerical limitation. As such, DHS believes that a 
reduction of 1,000 is appropriate for FY 2016. This new baseline 
preserves access to foreign labor within the CNMI and provides a 
cushion for demand growth, yet provides a meaningful reduction that 
aids DHS in the implementation of the mandated cap reductions to zero 
over the transition period. Accordingly, DHS is reducing the number of 
transitional workers from the current fiscal year numerical limitation 
of 13,999, and establishing the maximum number of persons who may be 
granted CW-1 nonimmigrant status in FY 2016 at 12,999.
    The FY 2016 numerical limitation for CW-1 nonimmigrant workers will 
be in effect beginning on October 1, 2015. DHS still retains the 
ability to adjust the numerical limitation for a fiscal year or other 
period, in its discretion, at any time by notice in the Federal 
Register. See 8 CFR 214.2(w)(1)(viii)(C) and (D). 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 2016 \3\ will be counted 
against the new numerical limitation of 12,999. Counting each CW-1 
nonimmigrant worker in this manner will help ensure that U.S. 
Citizenship and Immigration Services does not approve requests for more 
than 12,999 CW-1 nonimmigrant workers.
---------------------------------------------------------------------------

    \3\ FY 2016 refers to the period between October 1, 2015, and 
September 30, 2016.
---------------------------------------------------------------------------

    This document does not affect the current immigration status of 
foreign workers who have CW-1 nonimmigrant status. Foreign workers, 
however, will be affected by this document 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 document 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 document 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 document, 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. 2015-26963 Filed 10-21-15; 8:45 am]
BILLING CODE 9111-97-P



                                                                   Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations                                      63911

                                                  DEPARTMENT OF HOMELAND                                  nonimmigrant classification that would                58867 (Sept. 25, 2013). The FY 2013 and
                                                  SECURITY                                                ensure adequate employment in the                     FY 2014 numerical limitations were
                                                                                                          CNMI during the transition period. See                based on the actual demonstrated need
                                                  8 CFR Part 214                                          section 702(a) of the CNRA; 48 U.S.C.                 for foreign workers within the CNMI
                                                  [CIS No. 2565–15; DHS Docket No. USCIS–                 1806(d). DHS published a final rule on                during FY 2012. See 77 FR 71287, 78 FR
                                                  2012–0010]                                              September 7, 2011, amending the                       58867.
                                                                                                          regulations at 8 CFR 214.2(w) to                         The CNRA directed that the U.S.
                                                  RIN 1615–ZB43                                           implement a temporary, CNMI-only                      Secretary of Labor determine whether
                                                                                                          transitional worker nonimmigrant                      an extension of the CW program for an
                                                  Commonwealth of the Northern                            classification (CW classification, which              additional period of up to 5 years is
                                                  Mariana Islands (CNMI)-Only                             includes CW–1 for principal workers                   necessary to ensure that an adequate
                                                  Transitional Worker Numerical                           and CW–2 for spouses and minor                        number of workers will be available for
                                                  Limitation for Fiscal Year 2016                         children). See Commonwealth of the                    legitimate businesses in the CNMI, and
                                                  AGENCY:  U.S. Citizenship and                           Northern Mariana Islands Transitional                 further provided the Secretary of Labor
                                                  Immigration Services, DHS.                              Worker Classification, 76 FR 55502                    with the authority to provide for such
                                                  ACTION: Notification of numerical                       (Sept. 7, 2011).                                      an extension through notice in the
                                                  limitation.                                                The CNRA mandates an annual                        Federal Register. See 48 U.S.C.
                                                                                                          reduction in the allocation of the                    1806(d)(5). On June 3, 2014, the
                                                  SUMMARY:    The Secretary of Homeland                   number of permits issued per year and                 Secretary of Labor extended the CW
                                                  Security announces that the annual                      the total elimination of the CW                       program for an additional 5 years,
                                                  fiscal year numerical limitation for the                nonimmigrant classification by                        through December 31, 2019. See
                                                  Commonwealth of the Northern Mariana                    December 31, 2019. See section                        Secretary of Labor Extends the
                                                  Islands (CNMI)-Only Transitional                        702(d)(2) of the CNRA, as amended by                  Transition Period of the Commonwealth
                                                  Worker (CW–1) nonimmigrant                              the Consolidated And Further                          of the Northern Mariana Islands-Only
                                                  classification for fiscal year (FY) 2016                Continuing Appropriations Act, 2015,                  Transitional Worker Program, 79 FR
                                                  (Oct. 1, 2015–Sept. 30, 2016) is set at                 Pub. L. 113–235, § 10, 128 Stat. 2130,                31988 (June 3, 2014).
                                                  12,999. This document announces the                     2134 (Dec. 16, 2014); 48 U.S.C.                          The FY 2015 numerical limitation
                                                  mandated annual reduction of the CW–                    1806(d)(2). At the outset of the                      was based on a number of factors,
                                                  1 numerical limitation and provides the                 transitional worker program, DHS set                  including:
                                                  public with additional information                      the CW–1 numerical limitation for FY                     • The Department of Labor’s
                                                  regarding the new CW–1 numerical                        2011 at 22,417 and for FY 2012 at                     extension of the CW program;
                                                  limit. This docuemnt ensures that CNMI                  22,416. DHS announced these annual                       • The CNMI’s labor market needs;
                                                  employers and employees have                            numerical limitations in DHS                          and
                                                  sufficient information regarding the                    regulations at 8 CFR 214.2(w)(1)(viii)(A)                • The CNRA’s mandate to annually
                                                  maximum number of foreign workers                       and (B).                                              reduce the number of transitional
                                                  who may be granted CW–1 transitional                       DHS subsequently opted to publish                  workers until the end of the extended
                                                  worker status during FY 2016.                           any future annual numerical limitations               transitional worker program. See CNMI-
                                                                                                          by Federal Register notice. See 8 CFR                 Only Transitional Worker Numerical
                                                  DATES: Effective Date: October 22, 2015.
                                                                                                          214.2(w)(1)(viii)(C). Instead of                      Limitation for Fiscal Year 2015, 79 FR
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          developing a numerical limit reduction                58241 (Sept. 29, 2014).
                                                  Paola Rodriguez Hale, Adjudications                     plan, DHS determined that it would                       Since the Secretary of Labor
                                                  Officer (Policy), Office of Policy and                  instead assess the CNMI’s workforce                   significantly extended the CW program
                                                  Strategy, U.S. Citizenship and                          needs on a yearly basis during the                    at least until December 31, 2019, DHS
                                                  Immigration Services, Department of                     transition period. Id. This approach to               decided to preserve the status quo, or
                                                  Homeland Security, 20 Massachusetts                     the allocation system ensured that                    current conditions, rather than
                                                  Avenue NW., Washington, DC 20529–                       CNMI employers had an adequate                        aggressively reduce CW–1 numbers for
                                                  2060. Contact telephone (202) 272–                      supply of workers to better facilitate a              FY 2015. DHS therefore reduced the
                                                  1470.                                                   smooth transition into the federal                    numerical limitation nominally by one,
                                                  SUPPLEMENTARY INFORMATION:                              immigration system. It also provided                  resulting in an FY 2015 limit of 13,999.
                                                                                                          DHS with the flexibility to adjust to the             See id.
                                                  I. Background                                           future needs of the CNMI economy and                     On December 16, 2014, Congress
                                                     Title VII of the Consolidated Natural                to assess the total foreign workforce                 amended the CNRA to extend the
                                                  Resources Act of 2008 (CNRA) extended                   needs based on the number of requests                 transition period until December 31,
                                                  U.S. immigration law to the CNMI and                    for transitional worker nonimmigrant                  2019. See Consolidated and Further
                                                  provided CNMI-specific provisions                       classification received following                     Continuing Appropriations Act of 2015,
                                                  affecting foreign workers. See Pub. L.                  implementation of the CW–1 program.                   Public Law 113–235, § 10, 128 Stat.
                                                  110–229, 122 Stat. 754, 853–854. The                       DHS followed this same rationale for               2130, 2134 (amending 48 U.S.C.
                                                  CNRA provided for a ‘‘transition                        the FY 2013 and FY 2014 fiscal year                   1806(d)). Congress also eliminated the
                                                  period’’ to phase-out the CNMI’s                        numerical limitations. After assessing                Secretary of Labor’s authority to provide
                                                  nonresident contract worker program                     all workforce needs, including the                    for future extensions of the CW–1
                                                  and phase-in the U.S. federal                           opportunity for economic growth, DHS                  program, requiring the CW–1 program to
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                                                  immigration system in a manner that                     set the CW–1 numerical limitation at                  end (or sunset) on December 31, 2019.
                                                  minimizes adverse economic and fiscal                   15,000 and 14,000 respectively for FY                 See id.
                                                  effects and maximizes the CNMI’s                        2013 and FY 2014. See CNMI-Only
                                                  potential for future economic and                       Transitional Worker Numerical                         II. Maximum Number of CW–1
                                                  business growth. See sections 701(b)                    Limitation for Fiscal Year 2013, 77 FR                Nonimmigrant Workers for Fiscal Year
                                                  and 702(a) of the CNRA.                                 71287 (Nov. 30, 2012) and CNMI-Only                   2016
                                                     The CNRA authorized the Department                   Transitional Worker Numerical                            The CNRA requires an annual
                                                  of Homeland Security (DHS) to create a                  Limitation for Fiscal Year 2014, 78 FR                reduction in the number of transitional


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                                                  63912            Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations

                                                  workers but does not mandate a specific                    As noted previously, Congress has                    This document does not affect the
                                                  reduction. See 48 U.S.C. 1806(d)(2). In                 mandated that the transition period end               status of any individual currently
                                                  addition, DHS regulations provide that                  on December 31, 2019, without the                     holding CW–2 nonimmigrant status as
                                                  the numerical limitation for any fiscal                 possibility of an administrative                      the spouse or minor child of a CW–1
                                                  year will be less than the number                       extension of the CW program. See 48                   nonimmigrant worker. This document
                                                  established for the previous fiscal year,               U.S.C. 1806(a), (d). Given this firm                  also does not directly affect the ability
                                                  and that it will be reasonably calculated               sunset date and the CNRA’s requirement                of any individual to extend or otherwise
                                                  to reduce the number of CW–1                            to reduce the number of transitional                  obtain CW–2 status, as the numerical
                                                  nonimmigrant workers to zero by the                     workers to zero by the end of the                     limitation applies to CW–1 principals
                                                  end of the program. 8 CFR                               transition period, DHS believes that a                only. This document, however, may
                                                  214.2(w)(1)(viii)(C). DHS may adjust the                prudent approach to the numerical limit               indirectly affect individuals seeking
                                                  numerical limitation at any time by                     for the next fiscal year is to institute a            CW–2 status since their status depends
                                                  publishing a notice in the Federal                      meaningful but moderate reduction in                  on the CW–1 principal’s ability to
                                                  Register, but may only reduce the                       the numerical limitation. As such, DHS                obtain or retain CW–1 status.
                                                  figure. See 8 CFR 214.2(w)(1)(viii)(D).                 believes that a reduction of 1,000 is
                                                     To comply with these requirements,                   appropriate for FY 2016. This new                     Jeh Charles Johnson,
                                                  meet the CNMI’s labor market’s needs,                   baseline preserves access to foreign                  Secretary.
                                                  provide opportunity for growth, and                     labor within the CNMI and provides a                  [FR Doc. 2015–26963 Filed 10–21–15; 8:45 am]
                                                  preserve access to foreign labor, DHS                   cushion for demand growth, yet                        BILLING CODE 9111–97–P
                                                  has set the numerical limitation for FY                 provides a meaningful reduction that
                                                  2016 at 12,999. DHS arrived at this                     aids DHS in the implementation of the
                                                  figure by taking the number of CW–1                     mandated cap reductions to zero over                  DEPARTMENT OF TRANSPORTATION
                                                  nonimmigrant workers needed based on                    the transition period. Accordingly, DHS
                                                  the FY 2015 limitation of 13,999, and                   is reducing the number of transitional                Office of the Secretary
                                                  then moderately reducing it by 1,000 or                 workers from the current fiscal year
                                                  approximately 7.2 percent. The new                      numerical limitation of 13,999, and                   Federal Aviation Administration
                                                  number will accommodate continued                       establishing the maximum number of
                                                  economic growth within the CNMI that                    persons who may be granted CW–1                       14 CFR Chapter I
                                                  might result in a need for additional                   nonimmigrant status in FY 2016 at                     [Docket No. FAA–2015–4378]
                                                  CW–1 nonimmigrant workers during FY                     12,999.
                                                  2016. Therefore, CNMI businesses can                       The FY 2016 numerical limitation for               Clarification of the Applicability of
                                                  continue to hire CW–1 workers to meet                   CW–1 nonimmigrant workers will be in                  Aircraft Registration Requirements for
                                                  their current and future need for foreign               effect beginning on October 1, 2015.                  Unmanned Aircraft Systems (UAS) and
                                                  workers.                                                DHS still retains the ability to adjust the           Request for Information Regarding
                                                     In setting this new numerical                        numerical limitation for a fiscal year or             Electronic Registration for UAS
                                                  limitation for FY 2016, DHS considered                  other period, in its discretion, at any
                                                  its effect in conjunction with the                      time by notice in the Federal Register.               AGENCY:  Department of Transportation
                                                  published media reports indicating that                 See 8 CFR 214.2(w)(1)(viii)(C) and (D).               and Federal Aviation Administration.
                                                  the CNMI economy continues to grow 1                    Consistent with the rules applicable to               ACTION: Clarification and request for
                                                  and that any reduction in the number of                 other nonimmigrant worker visa                        information.
                                                  CW–1 workers available will have to                     classifications, if the numerical
                                                  account for new investments and the                                                                           SUMMARY:   This document clarifies the
                                                                                                          limitation for the fiscal year is not                 applicability of the statutory
                                                  expansion of existing businesses in                     reached, the unused numbers do not
                                                  order to support such economic                                                                                requirements regarding aircraft
                                                                                                          carry over to the next fiscal year. See 8             registration to UAS, including those
                                                  growth.2                                                CFR 214.2(w)(1)(viii)(E).
                                                     For the aforementioned reasons, DHS                                                                        operating as model aircraft. In addition,
                                                                                                             Generally, each CW–1 nonimmigrant                  the DOT announces the formation of a
                                                  recognizes that any numerical limitation                worker with an approved employment
                                                  must account for the fact that the CNMI                                                                       UAS registration task force to explore
                                                                                                          start date that falls within FY 2016 3 will           and develop recommendations to
                                                  economy continues to be based on a                      be counted against the new numerical
                                                  workforce composed primarily of                                                                               streamline the registration process for
                                                                                                          limitation of 12,999. Counting each                   UAS to ease the burden associated with
                                                  foreign workers. Therefore, any new                     CW–1 nonimmigrant worker in this
                                                  fiscal year numerical limit should allow                                                                      the existing aircraft registration process.
                                                                                                          manner will help ensure that U.S.                     This document requests information
                                                  for economic growth until the end of the                Citizenship and Immigration Services
                                                  transitional worker program, which is                                                                         and recommendations regarding what
                                                                                                          does not approve requests for more than               information and registration platform
                                                  now December 31, 2019. DHS must                         12,999 CW–1 nonimmigrant workers.
                                                  reduce the annual numerical limitation                                                                        would be appropriate for UAS
                                                                                                             This document does not affect the
                                                  as statutorily mandated, but also should                                                                      registration and ways to minimize the
                                                                                                          current immigration status of foreign
                                                  ensure that there are enough CW–1                                                                             burden to the regulated community. In
                                                                                                          workers who have CW–1 nonimmigrant
                                                  workers for future fiscal years until the                                                                     addition, we request comment on which
                                                                                                          status. Foreign workers, however, will
                                                  end of the program.                                                                                           UAS, based on their weight or
                                                                                                          be affected by this document when their
                                                                                                                                                                performance capabilities, warrant a
                                                                                                          CNMI employers file:
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                    1 See Cherrie Anne E. Villahermosa, CNMI                                                                    continued exercise of discretion with
                                                  Sustaining Economic Growth Momentum, Marianas              • For an extension of their CW–1
                                                                                                                                                                respect to requiring registration because
                                                  Variety, June 30, 2015, available at http://            nonimmigrant classification, or
                                                  pidp.eastwestcenter.org/pireport/2015/June/06-30-          • A change of status from another                  of the negligible risk they pose to the
                                                  19.htm.                                                 nonimmigrant status to that of CW–1                   national airspace system (NAS).
                                                    2 See Raquel C. Bagnol, Labor Chief Says CW
                                                                                                          nonimmigrant status.                                  DATES: This clarification goes into effect
                                                  Allocation Needs to be Revisited, Marianas Variety,
                                                  June 17, 2015, available at http://
                                                                                                                                                                October 22, 2015. To assist the task
                                                  www.mvariety.com/cnmi/cnmi-news/local/77978-              3 FY 2016 refers to the period between October 1,   force in developing its
                                                  labor-chief-says-cw-allocation-needs-to-be-revisited.   2015, and September 30, 2016.                         recommendations, the Department


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Document Created: 2015-12-14 15:34:29
Document Modified: 2015-12-14 15:34:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotification of numerical limitation.
ContactPaola 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- 1470.
FR Citation80 FR 63911 
RIN Number1615-ZB43

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