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I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker

Purpose of Form

This form is used by an employer to petition U.S. Citizenship and Immigration Services (USCIS) for an alien who is ineligible for another employment-based nonimmigrant classification to work as a nonimmigrant in the Commonwealth of the Northern Mariana Islands (CNMI) temporarily as a CW-1, CNMI-Only Transitional Worker.

Number of Pages

Form 11; Instructions 6.

Edition Date

04/04/13. 10/07/11 edition also accepted.

Where to File

See filing instructions. 

Filing Fee

$325 (base filing fee)

Special Instructions

Mailing Instructions:

When completing Form I-129CW, please list your CNMI Post Office Box when asked for a street or physical address. All filings for employment or services in the CNMI, regardless of classification, are filed with the California Service Center at: P.O. Box 10698, Laguna Niguel, CA 92607-1098.  All courier or express deliveries should be forwarded to 24000 Avila Road, 2nd Floor, Room 2312, Laguna Niguel, CA 92677.

Duplicate Copies:

A visa from the U.S. Department of State may be needed if the beneficiary is found ineligible for a Grant of Status, a Change of Status or an Extension of Stay or if the beneficiary travels outside the CNMI.

Please provide a duplicate copy of the Form I-129CW and all supporting documentation at the time of filing.  Additionally, please provide duplicate copies of all documents sent to USCIS in response to a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). The duplicate copies will be sent to the U.S. Department of State.  USCIS will not make a duplicate copy if one is not provided.

Please note:  Failure to submit duplicate copies may cause a delay in issuance of a visa abroad from the U.S. Department of State, if one is needed.

I-94 Validity:

When an alien employee with an approved I-129CW petition is admitted to the CNMI, Customs and Border Protection (CBP) grants the alien employee a period of stay documented on Form I-94 or as noted in the passport or travel document. 

If the expiration date on the granted Form I-94 ends before the validity period of the I-129CW petition (as shown on the I-797 approval notice) one of the following must occur before the expiration date on Form I-94 or as noted in the passport or travel document:

  • A request for an extension of stay must be filed on behalf of the alien employee using Form I-129CW; or
  • An application for some other immigration benefit that would allow the alien employee to remain in the CNMI must be filed; or
  • The alien employee must depart from the CNMI.

If the alien employee’s stay is limited as described above, any dependent family members who accompanied or followed to join the alien employee must also: (a) request an extension of stay using Form I-539; (b) apply for some other immigration benefit that would allow the family member to remain in the CNMI; or (c) depart the CNMI, before the expiration date on the family member’s Form I-94 or the date noted in the family member’s passport or travel document.

Please note: Premium Processing Service is not available for I-129CW filings.

This page can be found at http://www.uscis.gov/i-129cw

Last Reviewed/Updated: 04/17/2013