United States CW-1 Visa

CW-1 Visa Requirements For Employers & Alien Workers:

To qualify, employers must:

• Obtain an approved temporary labor certification (TLC) from the U.S. Department of Labor (DOL)
• Be engaged in a genuine business
• Offer employment terms which are consistent with the nature of their business in the CNMI;
• Fulfil all the federal and CNMI requirements relating to
• Pay rational conveyance costs if the individual is unwillingly dismissed from employment for any reason before the termination of the period of approved admission; and
• Fulfil the semiannual reporting requirement by timely filing Form I-129CWR, Semiannual Report for CW-1 Employers.

To qualify for CW-1 US Visa program, an alien worker:

• Is not eligible for any other employment-based nonimmigrant status under U.S. immigration law;
• Will be staying in the Commonwealth of the Northern Mariana Islands (CNMI) to work in a designated occupation
• Is the recipient of a petition filed by an employer who is doing business in the CNMI;
• Is not staying in the United States, other than the CNMI;
• Is legally staying in the CNMI; and
• Is approved any necessary waiver of a ground of inadmissibility.

The following is the application process for employers:

• If you are petitioning for one or more workers who are legally staying in the CNMI with a federal nonimmigrant status, e.g., F-1 or H-1B, then you need to submit a form I-129CW.
• If you are petitioning for one or more workers who are legally staying in the CNMI with a CNMI permit or have parole authority granted by USCIS or CBP, then you are required to submit a Form I-129CW with the $proper application fee.
• If you are applying for one or more workers who are asking for consular processing overseas, then you must submit a Form I-120CW with the appropriate fee.
• If you are asking for an extension of CW status for a nonimmigrant worker, then you must submit a Form I-129CW with proper fee as well as the compulsory “CNMI education funding fee.

The following is the application process for a foreign worker who has been living and working lawfully in the CNMI prior to applying for CW status:

• Your employer will submit the petition form, I-129CW with the application fee, education fee, and supporting proofs verifying that the information provided about you, your employer and the job position is exact and meets visa admissibility criteria.
• If your employer files the Form I-129CW, the USCIS will call or email your employer guiding that you must go to the USCIS Application Support Center in TSL Plaza in Saipan to have your biometric data.
• If your Form I-129CW is accepted, USCIS will send an approval to your employer who should give you a copy of the document.

To apply for a CW-1 Visa, you must submit the following:

• Read the whole guideline for Form I-129CW, Petition for a CNMI-Only Transitional Worker;
• Fill-up and sign Form I-129CW;
• Clear the filing fee, if applicable; and
• pay the mandatory $200 education fee
• pay the mandatory $50 fraud prevention and detection fee per petition; and
• Provide all documents required by USCIS

After You File

• Once USCIS receives your employer’s form, you will receive:
• Receipt notice approving USCIS received the petition;
• Biometric services notice,
• Notice of our decision to the beneficiary.

Pay for the following fees:

Form I-129CW

Form I-129CWR,

Find fee information on our Fee Schedule page.

Application Process for CW-1 Dependents (CW-2)

If you are approved CW-1 status, and your dependents are legally staying in the CNMI, then they may file:

• An Application to Change or Extend Status, Form I-539,
• The filing fee
• The biometric services fee,
• And documentation of your admission to the CNMI in the CW-1 classification