If you are a foreign worker in New Jersey on a CW-1 visa and your status is about to expire, you can file a petition seeking an extension of your status. The U.S. Citizenship and Immigration Services now considers this limited accommodation to facilitate the current Temporary Protected Status (TPS) Designation for non-immigrant workers in the state.
HOW THE EXTENSION WORKS
To apply, an employer must file a Form I-129CW petition with supporting documentation on behalf of the foreign worker. The petition should include evidence that the employee has been continuously employed during their current period of stay, as well as documentation establishing that they are eligible to work in the United States. Additionally, employers must submit proof of payment of all applicable fees and sign an affidavit attesting to their intent to terminate employment upon expiration of the approved extension period.
In addition to filing a Form I-129CW petition, employers should prepare a cover letter that explains why they seek to extend the foreign worker’s status beyond its original expiration date. The cover letter should contain a detailed description of the purpose of the extension, including why you need it and any special immigration circumstances that may lead to its approval.
AFTER APPLICATION
If approved, the foreign worker can remain in the United States for an additional period of time as determined by USCIS. The maximum length of stay that the USCIS allows for any single extension is 12 months. However, if they deny your petition, you may submit a new application or reapply after the original expiration date. It is important to note that extensions are only available in limited circumstances, and you can not use them as a substitute for an immigrant visa or other form of status adjustment.
Remember that filing a Form I-129CW petition does not guarantee approval, and all applications are subject to case-by-case adjudication. This means that USCIS may reject your petition if there is evidence that you have violated any immigration laws or regulations or if the extension is not necessary.
