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

ALERT:  On Feb. 21, 2020, the Supreme Court lifted the statewide injunction issued by the U.S. District Court for the Northern District of Illinois affecting Illinois filers. USCIS implemented the Inadmissibility on Public Charge Grounds final rule nationwide, including in Illinois, on Feb. 24, 2020. USCIS will apply the final rule to all applications for adjustment of status, and applications and petitions for extension of nonimmigrant stay or change of nonimmigrant status postmarked (or, if applicable, submitted electronically) on or after that date. For applications and petitions that are sent by commercial courier (for example, UPS, FedEx, or DHL), the postmark date is the date reflected on the courier receipt. USCIS will reject any affected application or petition that does not adhere to the final rule, including those submitted by or on behalf of aliens living in Illinois, if postmarked on or after Feb. 24, 2020.

The final rule requires certain applicants and petitioners seeking extension of stay and change of status to report certain information related to public benefits. Due to litigation-related delays in the final rule’s implementation, USCIS is applying this requirement as though it refers to Feb. 24, 2020, rather than Oct. 15, 2019. Please read all references to Oct. 15, 2019 as though they refer to Feb. 24, 2020.

USCIS will not consider, and applicants and petitioners submitting applications and petitions for extension of stay and change of status do not need to report the receipt of any public benefits received before Feb. 24, 2020.

Certain classes of aliens are exempt from the public charge ground of inadmissibility (such as refugees, asylees, certain VAWA self-petitioners, U petitioners, and T applicants) and therefore, are not subject to the final rule. 

Read the final rule (PDF).

An employer uses this form 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 10.

Edition Date

01/27/20. You can find the edition date at the bottom of the page on the form and instructions.

Dates are listed in mm/dd/yy format.

Where to File

Mailing Instructions

All filings for employment or services in the CNMI, regardless of classification, are filed with:

California Service Center
P.O. Box 10698
Laguna Niguel, CA 92607-1098

For courier or express deliveries:

California Service Center
24000 Avila Road
2nd Floor, Room 2312
Laguna Niguel, CA 92677

When completing Form I-129CW, please list your CNMI Post Office Box when asked for a street or physical address.

See the filing instructions for further information.

Don’t forget to sign your form! We will reject any unsigned form.

Filing Fee

$460 (base filing fee).

Additionally, employers filing CW-1 petitions must submit a $200 CNMI education funding fee per beneficiary, per year.

UPDATE: Effective July 25, 2018, employers filing CW-1 petitions must submit a $50 fraud prevention and detection fee with each petition.

A biometric service fee of $85 per beneficiary is required if the beneficiary is present in the CNMI when filing for initial grant of CW-1 status.

When you send a payment, you agree to pay for a government service. Filing and biometric service fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request.

Checklist of Required Initial Evidence (for informational purposes only)

Please do not submit this checklist with your Form I-129CW. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your form. Do not send original documents unless specifically requested in the form instructions or applicable regulations.

If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English.

Did you provide the following?

  • A complete CW Classification Supplement to Form I-129CW per beneficiary/employee with the required attestation and evidence that supports the elements in the attestation (to the extent available)
  • Evidence demonstrating you meet the definition of an employer
  • A copy of the Commonwealth or local license for each beneficiary/employee to fully perform or practice the duties of the occupation (if required)
  • Evidence you have posted a job vacancy announcement for the position on the CNMI Department of Labor website 
  • A copy of each beneficiary/employee’s Form I-94, Nonimmigrant Arrival-Departure Record, if seeking change of status or extension of stay
  • Evidence each beneficiary/employee maintained status if seeking change of status or extension of stay
  • Evidence each beneficiary/employee remains admissible if seeking extension of stay
  • Evidence each beneficiary/employee remains eligible for CW-1 classification if seeking extension of stay
     

Special Instructions

Inadmissibility on Public Charge Grounds final rule implementation 

Petitioners requesting an extension of stay or change of status on behalf of aliens who are subject to the new public benefit condition do not need to report the receipt of public benefits on Form I-129CW if such benefits are received before Feb. 24, 2020. Please read all references to Oct. 15, 2019, as though they refer to Feb. 24, 2020.

Duplicate Copies:

The beneficiary may need a visa from the U.S. Department of State if they are found ineligible for a grant of status, a change of status or an extension of stay, or if they travel outside the CNMI.

Please provide a duplicate copy of 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 or Notice of Intent to Deny. 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 the U.S. Department of State issuing a visa abroad, if one is needed.

Form I-94 Validity:

When an alien employee with an approved Form I-129CW petition is admitted to the CNMI, U.S. Customs and Border Protection 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 end of Form I-129CW’s validity period (as shown on Form I-797, Notice of Action) 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:

  • Request an extension of stay using Form I-539, Application To Extend/Change Nonimmigrant Status;
  • Apply for some other immigration benefit that would allow them to remain in the CNMI; or
  • Depart the CNMI before the expiration date on their Form I-94 or the date noted in their passport or travel document.

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

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