CW-1: CNMI-Only Transitional Worker

Employers

To qualify, employers must:

• 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, as defined at 8 CFR 214.2(w)(1)(vii);
• Offer terms and conditions of employment consistent with the nature of the employer’s business in the CNMI;
• Comply with all federal and CNMI requirements relating to employment. Examples include: nondiscrimination, occupational safety, and minimum wage requirements;
• Pay reasonable transportation costs if the worker is involuntarily dismissed from employment for any reason before the end of the period of authorized admission; and
• Comply with the semiannual reporting requirement by timely filing Form I-129CWR, Semiannual Report for CW-1 Employers.

Workers

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;
• Are the beneficiary of a petition filed by a legitimate employer who is doing business in the CNMI;
• Are not present in the United States, other than the CNMI;
• Are lawfully present in the CNMI if present in the CNMI; and
• Are admissible to the United States or are granted any necessary waiver of a ground of inadmissibility.

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).

Step 1: Employer Obtains an Approved Temporary Labor Certification from the U.S. Department of Labor (DOL)
The employer must first request and receive a prevailing wage determination (PWD) from the Office of Foreign Labor Certification National Prevailing Wage Center (NPWC). The NPWC will issue a PWD, which is used by the employer to apply for and receive a temporary labor certification (TLC) approved by DOL. 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, and that the employment of the CW-1 nonimmigrant will not adversely affect the wages and working conditions of similarly employed U.S. workers.

TLC Filing Window:

• Employers filing for new CW-1 employment may file their application for TLC with DOL no more than 120 calendar days before the actual date of need for CW-1 employment.
• Employers requesting an extension of stay for CW-1 employees may file their application for TLC with DOL no more than 180 calendar days before the expiration of current CW-1 status.

For more information regarding the PWD, TLC requirement, and DOL’s processes, see the DOL CW-1 Program Overview webpage.

Step 2: Employer Submits Completed Form I-129CW to USCIS
The employer should file Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker, with appropriate fees, with the correct USCIS service center, along with the DOL-certified TLC and supporting evidence.

USCIS will reject any Form I-129CW filed without an approved TLC. See the I-129CW, Petition for CNMI-Only Nonimmigrant Transition Worker webpage for forms and filing instructions, and the USCIS Fee Schedule, Form G-1055, page for information.

Step 3: Prospective Workers Outside the United States Apply for Visa and/or Admission
Once the Form I-129CW has been approved, the prospective CW-1 worker who is outside the United States may apply with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate abroad for a CW-1 visa (if a visa is required). Regardless of whether a visa is required, the prospective CW-1 worker must then apply to U.S. Customs and Border Protection (CBP) for admission to the United States in CW-1 classification.

• In most situations where a direct grant of status in the CNMI is requested, after the employer files Form I-129CW, USCIS will contact the employer advising that the beneficiary must go to the USCIS Application Support Center in TSL Plaza in Saipan for the collection of fingerprints and to have a photograph taken. This will enable USCIS to conduct the required security checks.
• USCIS will mail an approval notice to the employer if the Form I-129CW is approved. The employer should give the beneficiary a copy of the document. The approval notice will indicate whether the beneficiary has been granted CW-1 status in the CNMI (as evidenced by an attached Form I-94, Arrival-Departure Record) or whether the beneficiary must proceed to a U.S. Embassy or Consulate abroad to seek visa processing of the CW-1 visa.

Note: All CW-1 workers must be named in the petition. Employers may include multiple workers on the same petition, provided they are requesting the same action for each worker, and all the workers will be:

• working in the same category;
• working under the same terms and conditions;
• employed for the same period of time; and
• employed in the same location(s).

All CW-1 workers on the same petition must request the same consideration as long-term or non-long-term workers. Employers may file one petition to request all CW-1 workers.

The “cap” (or numerical limitation) is the limit on the total number of aliens who may be issued CW-1 visas or otherwise provided with CW-1 status during a fiscal year. A fiscal year begins Oct. 1 and ends on Sept. 30. The CW-1 program is scheduled to end on Dec. 31, 2029.

All aliens are subject to the cap unless they have already been counted towards the cap in the same fiscal year. This includes long-term alien workers who are eligible for a period of stay of longer than 1 year and are counted toward the cap on a yearly basis.

For more information about the CW-1 Cap, please see the CNMI-Only Transitional Worker (CW-1) Cap webpage.

If a beneficiary was admitted to the CNMI, or otherwise granted status, as a CW-1 nonimmigrant during fiscal year 2015 (Oct. 1, 2014 – Sept. 30, 2015), and during every subsequent fiscal year through fiscal year 2018, they may qualify as a CW-1 long-term worker.

If a petitioner is requesting consideration of beneficiaries as long-term workers, this must be indicated on Form I-129CW. The petitioner must provide evidence that the beneficiaries are eligible to be classified as long-term workers. Evidence may include copies of Form I-94 or USCIS approval notices.

If requesting long-term workers, a petitioner may only request other long-term workers on the same petition. A CW-1 petition filed for long-term workers may only be approved for beneficiaries that are eligible as CW-1 long-term workers.

CW-1 long-term workers:

• Are exempt from the prohibition on construction and extraction occupations (under DOL’s SOC Group 47-0000);
• 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.

In general, CW status is valid for up to 1 year and may be extended for a total of 3 years. A CW-1 worker, and their dependent(s), are admitted for the period of CW-1 petition validity, plus up to 10 days before the validity period begins and 10 days after the validity period ends.

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. See Temporary Departure Requirement section below.

As explained above, an individual who qualifies as a long-term worker may be granted CW status for up to 3 years and is not subject to the temporary departure requirement.

A dependent’s CW-2 status expires on the same day as the principal beneficiary’s CW-1 status. A CW-2 dependent can request to extend their status by filing Form I-539, Application to Extend/Change Nonimmigrant Status, at the same time that the principal beneficiary’s CW-1 status is extended.

10-day requirement

If a beneficiary is outside of the CNMI or is approved for consular processing, the beneficiary must apply for admission within 10 days after the beginning of the petition validity period. Otherwise, the petition approval for that beneficiary is subject to revocation on notice.

USCIS may, in its discretion, send the petitioner a notice of intent to revoke (NOIR) if the beneficiary did not apply for admission to the CNMI within these 10 days. If USCIS decides to issue a NOIR, the petitioner would receive notice and the opportunity to respond. In its response, the petitioner may submit additional evidence and explain why the petition should not be revoked. There is also an appeal process. For more information see the Administrative Appeals Office webpage.

USCIS’ authority to issue a NOIR is discretionary. USCIS is aware that travel delays and other disruptions may impact the ability to comply with this requirement.

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.

• the prospective employer has filed a nonfrivolous petition for new employment before the expiration of the CW-1 worker’s authorized period of stay; and
• the CW-1 worker has not been employed without authorization in the United States since their lawful admission.

Employment authorization will continue for the worker until the new petition is adjudicated. If the new petition is denied, work authorization will end.

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

A worker with CW-1 nonimmigrant status will lose that status if they violate any of the terms or conditions that are associated with that CW status. However, when the violation is solely caused by termination from employment, the worker will not be considered to have violated their status if:

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

If a worker will change employers, the new employer must file a petition for the worker before the end of this 30-day period in order for the worker to remain lawfully present in the CNMI. The worker may only begin work with the new employer after that employer files the petition.

If a new petition is not filed within 30 days, the worker must leave the CNMI and they will be considered to be out of status effective on the date of termination of CW-1 employment. Any petition filed for that worker after the 30-day period will require an approved petition and a CW visa issued at a consulate outside the CNMI before the worker can return to the CNMI and start new employment.

CW-1 and CW-2 statuses are only applicable in the CNMI. Entry, employment, and residence in the rest of the United States (including Guam) require the appropriate visa or visa waiver and nonimmigrant classification. In general, an individual with CW-1 or CW-2 status who enters or attempts to enter, or travels or attempts to travel to any other part of the United States without an appropriate visa or visa waiver will be deemed to have violated CW-1 or CW-2 status.

An individual with CW-1 or CW-2 status may travel to a foreign place via a direct Guam transit without being deemed to violate that status. A direct Guam transit means a trip between the CNMI and a foreign place on a direct itinerary involving a flight stopover or connection in Guam (and no other place). CW-1 nonimmigrants are not required to obtain advance permission from USCIS for a direct Guam transit, but CBP will determine at the time of travel whether the travel qualifies as a direct Guam transit. When passing through Guam on a direct Guam transit, a CW-1 nonimmigrant may temporarily leave the Guam airport for travel-related purposes such as staying overnight at a hotel, but other purposes such as conducting business, obtaining health care, etc. would require advance permission to travel.

An individual with CW-1 or CW-2 status who travels abroad from the CNMI will require a CW-1 or CW-2 or other appropriate visa to be re-admitted to the CNMI.

A beneficiary may not be granted CW-1 status beyond three consecutive petition validity periods unless they have departed and remained outside the United States, including the CNMI, for a continuous period of at least 30 days after the expiration of the third consecutive petition validity period and before any new petition is filed on behalf of the beneficiary.

This temporary departure requirement (also known as the touchback requirement) does not apply to CW-1 long-term workers who were admitted to the CNMI, or otherwise granted status as a CW-1 worker during fiscal year 2015 and during each of fiscal years 2016 through 2018.

USCIS will only consider CW-1 petitions approved and with a starting validity date on or after June 18, 2020, when we apply the requirement that certain CW-1 nonimmigrant workers depart the CNMI for a period of at least 30 continuous days. For example, any alien approved on or after June 18, 2020, for a 1-year CW-1 validity period beginning Oct. 1, 2020, will be eligible for 2 more consecutive petition validity periods after the first period of validity expires on Sept. 30, 2021.

Any extension of CW-1 status in the CNMI, if granted on or after June 18, 2020, will be considered a consecutive petition validity period.

A petition approved for consular processing will also be considered a consecutive petition validity period if there is not at least a 1-day gap between the ending validity date of the preceding petition and the starting validity date of the petition requesting consular processing. For instance, if a CW-1 worker had been approved through Sept. 30, 2022, a subsequent petition for consular processing must be requested and approved for a start date on or after Oct. 2, 2022, to be considered non-consecutive.

Where multiple beneficiaries on the same petition have been granted CW-1 status for a different number of consecutive petition validity periods, each beneficiary will be considered individually, and the petition could be subject to a partial approval.

The temporary departure requirement will apply no matter how much time was granted to any of the 3 previously approved petitions.

The temporary departure requirement does not apply to CW-2 dependents. However, a dependent’s CW-2 status generally expires on the same day as the principal nonimmigrant’s CW-1 status and can be extended when the CW-1 status is extended.

Frequently Asked Questions

Q: Do employees have to leave the CNMI at the same time, or can employers space out their departures?
A: CW-1 employees may not be granted CW-1 status beyond 3 consecutive CW-1 validity periods. It is possible that an employer may have multiple CW-1 employees whose third consecutive validity period expires at the same time. A new CW-1 petition cannot be filed for those employees unless they have departed and remained outside the United States for a continuous period of at least 30 days. It is possible, though, that employers may have CW-1 employees whose validity periods expire at different times, and therefore, in these circumstances, employees may depart the United States at different times. A CW-1 employee must depart the CNMI before their CW-1 nonimmigrant status expires, which is 10 days after the end of the petition validity period.

When filing a CW-1 petition, keep in mind that employers don’t have to request the maximum 1 year (or 3 years for a long-term worker) and don’t have to request the same end date for their employees.

Q: How would the temporary departure requirement apply if a CW-1 worker worked at one company for 2 years and then transferred to a new company for the third year?
A: A change of employers does not, by itself, “reset” the beneficiary’s 3 consecutive petition validity periods. The worker is still subject to the temporary departure requirement after the third consecutive validity period; it does not matter if the consecutive validity periods were for the same or different employer.

Q: If a CW-1 worker departs the CNMI 1 month before the expiration of the third petition validity end date and remains outside of the United States for 30 days, will this departure satisfy the temporary departure requirement?
A: No. A CW-1 worker must remain outside of the United States for a continuous period of at least 30 days after the expiration of the third petition in order to satisfy the temporary departure requirement.

For more information about the temporary departure requirement, please see the following resources:

• USCIS Will Only Consider CW-1 Petitions Approved and with Starting Validity on or after June 18, 2020, when Applying the Temporary Departure Requirement
• USCIS Presentation: CW-1 Temporary Departure and 10-Day Admission Requirements
• NMI SHRM post-meeting questions and answers (uscis.gov)

An employer who petitioned for a CW-1 worker, and whose petition has been approved for a validity period of 6 months or more, must file Form I-129CWR, Semiannual Report for CW-1 Employers, with USCIS. Employers file Form I-129CWR to certify the continued employment and payment of each worker under the terms and conditions of the approved petition.

The semiannual report must be filed within a 60-day window surrounding the 6-month anniversary of the petition validity start date, with the filing window opening 30 days before and closing 30 days after the 6-month anniversary of the petition validity start date.

No evidence is required at the time of filing the semiannual report. Employers are required to retain documents and records that support Form I-129CWR for a period of 3 years after the ending date of the petition validity period.

A CW-1 petition approved for a validity period of 1 year requires the filing of one semiannual report. See example for a petition approved from Oct. 1, 2022, to Sept. 30, 2023:

A CW-1 petition approved for a validity period of 3 years requires the filing of 5 semiannual reports. See example for a petition approved from Oct. 1, 2022, to Sept. 30, 2025:

While the semiannual report is intended to cover a 6-month period or periods of the approved I-129CW, the specific dates of each reporting period may not be exactly 6 months. USCIS understands the exact dates of each reporting period may be confusing and will use its discretion when reviewing the report.

An employer is still subject to the semiannual reporting requirement even if:

• The worker was never admitted to the CNMI;
• The worker is no longer working for you;
• The worker may have subsequently changed status; or
• You are a CW-1 employer of a long-term worker and you previously submitted Form I-129CWR.

If you are the employer, you should provide answers for all applicable questions on Form I-129CWR to the best of your ability, although USCIS understands that you may not be able to answer all questions. For example, if the worker was never admitted to the CNMI or is no longer working for you, certain questions may not apply. For example, Question 7.b., which asks about the wage the worker is currently being paid, may not be relevant. However, if the approved worker is not working for the you, you must indicate this and provide an explanation on Item Numbers 6.a. - 6.b. (and Item Numbers 8.a. - 8.b. on Additional Worker Attachment for Form I-129CWR).

As the employer, you still have an obligation to send a letter to the USCIS office at which the CW-1 petition was filed explaining the basis on which the specific CW-1 nonimmigrant is no longer working, separate from the obligation to file Form I-129CWR.

Please note, USCIS may revoke an employer’s approved petition or deny their future petitions if they do not comply with the reporting requirement. Employers are not required to file Form I-129CWR if a petition has been withdrawn for all beneficiaries.

See the Form I-129CWR, Semiannual Report for CW-1 Employers webpage for more information about the Form I-129CWR.

Frequently Asked Questions

Q: How do I know if USCIS has received my I-129CWR?
A: USCIS does not issue a receipt notice for the I-129CWR. However, petitioners can verify if USCIS receives the I-129CWR by entering the receipt number for the approved Form I-129CW petition in the USCIS Online Case Status Tool.

Q: What if I do not file the semiannual report on time?
A: USCIS will accept late-filed semiannual reports. You may submit all required reports, including any overdue reports, to USCIS even if the relevant filing window has passed. For example, if you are an employer of a CW-1 worker with a start date of Oct. 1, 2022, who has never filed a semiannual report, USCIS may consider you to be in compliance if you file any semiannual reports that are overdue, and then timely file semiannual reports thereafter.

If USCIS revokes your CW-1 petition for failure to comply with the semiannual reporting requirement, you must still file any overdue semiannual reports before a new petition can be approved. Complying with this requirement will not have any effect on an already revoked petition but may allow you to participate in the CW program in the future even if previous petitions were revoked.

Q: If I am an employer of a long-term worker, do I need to keep submitting a semiannual report even if I have previously submitted one?
A: Yes. You are still subject to the semiannual reporting requirement even when you are a CW-1 employer of a long-term worker and you previously submitted Form I-129CWR.

Q: When must the semiannual report be filed if the worker was admitted after the validity period?
A: The report filing date does not change, even when the worker was admitted after the validity period start date. The report is still due every 6 months after the petition’s validity start date, up to and including the sixth month preceding the petition’s validity end date.

For example, your CW-1 petition for one worker was approved with a start date of Oct. 1, 2022. However, the worker was not admitted to the CNMI until December 2022. Your report filing date is April 1, 2023, and your filing window is March 1, 2023, through May 1, 2023.

Q: If I withdraw my petition, do I still need to file a semi-annual report?
A: If you withdraw an approved CW-1 petition for all beneficiaries, you do not need to file a semiannual report. If the withdrawal of the approved CW-1 petition is only for some (but not all) beneficiaries, you are still required to file a semiannual report for any remaining workers on the petition.

Q: What will be the effect of a revoked CW-1 petition to both the employer and the employee in future petitions?
A: If your petition was revoked and you have not come into compliance with the reporting requirement by filing all overdue reports, USCIS will deny subsequent petitions. You must comply with the reporting requirement before a new petition can be approved.

If your petition was revoked and you subsequently came into compliance with the requirement by filing all overdue reports, you are eligible to file a new petition. Although USCIS may consider the fact that you have a previously revoked CW-1 petition, this factor alone will not be a ground to deny your new petition.

For more information about the semiannual reporting requirement, please see the following resources:

• Most CW-1 Employers Must File Required Semiannual Report (Form I-129CWR) | USCIS
• CW-1 Employers Must Verify Continued Employment and Payment of CW-1 Workers by Submitting Form I-129CWR | USCIS
• CNMI-Only Transitional Workers (CW-1): Eligibility, Petition Process, and the Semiannual Reporting Requirement Presentation, April 19, 2023
• Questions and Answers from CNMI Engagement on April 19, 2023

Dependents in the CNMI seeking a grant of CW-2 status may file a Form I-539 concurrently with the employer’s Form I-129CW petition. Dependents must be lawfully present in the CNMI at the time they file the Form I-539 to be eligible for a grant of CW-2 status. This means dependents may need to file the Form I-539 before the Form I-129CW is granted to be eligible for a grant of CW-2 status.

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.

• I-129CW, Petition for CNMI-Only Nonimmigrant Transition Worker
• Form I-129CWR, Semiannual Report for CW-1 Employers
• CNMI-Only Transitional Worker (CW-1) Cap Webpage
• Form I-9 Information for Employers Hiring Individuals in the Commonwealth of the Northern Mariana Islands (CNMI)
• USCIS Will Only Consider CW-1 Petitions Approved and with Starting Validity on or after June 18, 2020, when Applying the Temporary Departure Requirement
• USCIS Presentation: CW-1 Temporary Departure and 10-Day Admission Requirements
• NMI SHRM post-meeting questions and answers (uscis.gov)
• Most CW-1 Employers Must File Required Semiannual Report (Form I-129CWR) | USCIS
• CW-1 Employers Must Verify Continued Employment and Payment of CW-1 Workers by Submitting Form I-129CWR | USCIS
• CNMI-Only Transitional Workers (CW-1): Eligibility, Petition Process, and the Semiannual Reporting Requirement Presentation, April 19, 2023
• Questions and Answers from CNMI Engagement on 4.19.23
• DOL CW-1 Program Overview