N Carolina legislative districts set for 2020 as appeal ends

Legal Issues

North Carolina's legislative districts are set for the 2020 elections after the state Supreme Court refused on Friday to fast-track a redistricting appeal. That decision led the plaintiffs who successfully sued based on partisan bias claims to end their legal challenges.

The state's highest court denied the request by Common Cause and state Democrats to step in and hear their appeal on eight state House districts now, rather than require it go through the intermediate Court of Appeals first. The justices gave no reason in their one-sentence order.

Without the bypass to the state Supreme Court, any appeal would have resulted in a lengthy process that probably wouldn't have been resolved until the 2020 elections were over, making a ruling on the districts' final shapes largely moot. So the plaintiffs have decided to quit, focusing instead on what their 2018 litigation accomplished.

"We won't appeal further," said Bob Phillips, executive director of Common Cause North Carolina. "We're pleased that our landmark victory ... has clearly established that partisan gerrymandering is illegal in North Carolina."

A panel of trial-court judges ordered the Republican-controlled General Assembly to redraw several dozen House and Senate districts that they declared had been enacted in 2017 with the goal of preserving GOP majorities above all else. That violated the state constitution, the judges ruled. The legislature approved replacement boundaries in September.

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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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