Normally, CW-1 petitions must be filed before the worker’s current period of validity expires. For a short time, USCIS will accept petitions filed for the 2020 fiscal year even if the previous petition validity has expired. The requirements are that 1) the petition is correctly filed with an approved Temporary Labor Certification (TLC) with a start date of October 1, 2019 or later, 2) USCIS receives the petition no more than 30 days after the TLC is approved or by November 1, 2019, whichever is earlier, and 3) the expiration date of the current petition is on or after September 1, 2019. This is a one-time accommodation because of the “new requirement that CW-1 petitions with employment start dates on or after Oct. 1, 2019” have a TLC approved by the U.S. Department of Labor (DOL). 

– Weekly Immigration Briefing by Olivia Hester, Immigration Law Analyst at Docketwise

Posted in: Immigration