CW-1 CNMI-only transitional worker

The CNMI-Only Transitional Worker (CW-1) visa classification allows employers in the CNMI to apply for permission to employ individuals who are otherwise ineligible to work under other nonimmigrant worker categories.

Aliens may be classified as a CW-1 nonimmigrant during the transition period, beginning on Nov. 28, 2009, and ending on Dec. 31, 2029, subject to the CW-1 cap, if they: Are ineligible for any other employment-based nonimmigrant status under U.S. immigration law; Will enter or stay in the CNMI to work in an occupational category designated as needing nonimmigrant workers to supplement the resident workforce;

Generally, an alien classified as a CW-1 nonimmigrant may not be employed in a construction and extraction occupation, unless they are a long-term worker who was admitted or otherwise granted status as a CW-1 during each fiscal year from 2015 through 2018 (Oct. 1, 2014, through Sept. 30, 2018).

The CNMI-Only Transitional Worker (CW-1) visa classification allows employers in the CNMI to apply for permission to employ individuals who are otherwise ineligible to work under other nonimmigrant worker categories.

Obtain an approved temporary labor certification (TLC) from the U.S. Department of Labor (DOL) and consider all available U.S. workers for the position;

Be engaged in a legitimate business, including participation in the E-Verify program

Are the beneficiary of a petition filed by a legitimate employer who is doing business in the CNMI;

The employer should file Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker, with appropriate fees

Are ineligible for any other employment-based nonimmigrant status under U.S. immigration law;

Will enter or stay in the CNMI to work in an occupational category designated as needing nonimmigrant workers to supplement the resident workforce;

The TLC is used to confirm that there are not sufficient U.S. workers in the CNMI who are able, willing, qualified, and available at the time and place needed to perform the services of labor involved in the petition

Generally, an alien classified as a CW-1 nonimmigrant may not be employed in a construction and extraction occupation, unless they are a long-term worker who was admitted or otherwise granted status as a CW-1 during each fiscal year from 2015 through 2018 (Oct. 1, 2014, through Sept. 30, 2018).

A CW-1 nonimmigrant may change employers to a new employer if the prospective employer properly files a petition to classify the beneficiary as a CW-1 nonimmigrant and the petitioner requests an extension of stay for the CW-1 nonimmigrant.

If the beneficiary will perform services for more than one employer, each employer must file a separate petition with fees with USCIS.

the worker obtains new employment within 30 days from the date of termination; and an employer files a petition on their behalf.

CW-1 and CW-2 statuses are only applicable in the CNMI.

Any CW-1 worker’s spouse and unmarried children under 18 years of age may seek admission in CW-2 nonimmigrant classification. Family members are not eligible for employment in the United States while in CW-2 status.

In general, CW status is valid for up to 1 year and may be extended for a total of 3 years.

After the second renewal of CW-1 status (in other words, after 3 consecutive petition validity periods), the worker must depart from the United States/CNMI for 30 continuous days before an employer’s submission of a new CW-1 petition on behalf of the worker.

Are eligible for a validity period of up to 3 years until the end of the transition period; Are subject to the CW-1 cap; and Are not subject to the temporary departure requirement.

The CW-1 program is scheduled to end on Dec. 31, 2029.