Pennsylvania asks court to keep Amazon incentives a secret

Litigation Reports

Democratic Gov. Tom Wolf's administration went to court this week to block requests for records of financial incentives it offered Amazon to build its second headquarters in Pennsylvania.

An administration lawyer asked Commonwealth Court to reverse an Office of Open Records decision deeming the records to be public and ordering their release. The Morning Call of Allentown requested the records.

Philadelphia and Pittsburgh were among 20 finalists for a facility that the online retailer promises will bring 50,000 new jobs and construction spending topping $5 billion.

Rob Wonderling, president of the Chamber of Commerce for Greater Philadelphia, last year told The Philadelphia Inquirer that Pennsylvania planned to offer Amazon more than $1 billion in tax incentives if the online retailer built its second headquarters in the state.

City and state officials have otherwise refused to disclose details, and Pennsylvania state officials have long refused to disclose incentives offered to companies until there is a formal agreement.

Amazon's request for proposals before deciding the location of its second headquarters set off a competition among governments across the country, and many said they don't want their competitors to know what they're offering.

More than 15 states and cities, including Philadelphia, refused requests from The Associated Press to release the financial promises they made to try to lure Amazon.

A records request seeking Pittsburgh's bid was denied because the proposal is "exempt from public dissemination."

Amazon has said it will make its decision this year. Nearly a quarter of a million dollars was spent to create and promote Philadelphia's plan, including $160,000 by the quasi-public Philadelphia Industrial Development Corporation on a website and the written submission.

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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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