CDC restates recommendation for masks on planes, trains

Legal Issues

U.S. health officials on Tuesday restated their recommendation that Americans wear masks on planes, trains and buses, despite a court ruling last month that struck down a national mask mandate on public transportation.

Americans age 2 and older should wear a well-fitting masks while on public transportation, including in airports and train stations, the Centers for Disease Control and Prevention recommended, citing the current spread of coronavirus and projections of future COVID-19 trends.

For months, the Transportation Security Administration had been enforcing a requirement that passengers and workers wear masks.

The government had repeatedly extended the mandate, and the latest one had been set to expire May 3. But a federal judge in Florida struck down the rule on April 18. The same day, the TSA said it would no longer enforce the mandate.

The CDC asked the Justice Department to appeal the decision, which the department did. On Tuesday, CDC officials declined to comment on the status of the appeal. DOJ officials did not immediately respond to a request for information.

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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.

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