Petition for CNMI-Only Nonimmigrant Transition Worker

OMB No. 1615-XXXX; Expires XX/XX/XX

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

Department of Homeland Security
U.S. Citizenship and Immigration Services

Instructions
Read these instructions carefully to properly complete this form.
This Table of Contents will help you locate information on the
form and supplement:

Who May File This Form?
General. An employer may file this form and applicable

Table of Contents
I.

Page

Instructions for Form I-129CW
General Information

1

Petition Required

2

Initial Evidence

2

Change of Status/Extension of Stay

4

General Evidence

4

When To File?

4

Where To File?

4

What Is the Filing Fee?

5

Processing Information, Penalties, Privacy
Act Notice, USCIS Forms and Information,
and Paperwork Reduction Act

supplement to classify an alien as a CNMI-Only Transitional
Worker. In order to obtain the status, the worker must either
be lawfully present in the CNMI, or must be coming from
abroad to the CNMI with a CW-1 visa. The alien cannot be
present in the United States, other than in the CNMI.

Including more than one alien in a petition. Multiple
aliens who will seek admission in CW-1 classification may be
included on the same petition provided they will:
1. All be working in the same occupational category;
2. All be employed for the same period of time; and
3. All be employed in the same location.

Naming beneficiaries. All aliens in a petition for CW-1
classification, an extension of stay, or change of status must be
named in the petition. Unnamed beneficiaries are not
permitted.

DRAFT
5

What Is the Purpose of This Form?
This form is used by an employer to petition U.S. Citizenship
and Immigration Services (USCIS) for an alien to come as a
nonimmigrant to the Commonwealth of the Northern Mariana
Islands (CNMI) temporarily to perform services or labor as a:
CW-1, CNMI-Only Transitional Worker, an alien worker
who will enter or remain in the CNMI for the purpose of
employment during the transition period, and is ineligible
for another classification under the Immigration and
Nationality Act (Act).
This form is used also by an employer to request an extension
of stay or change of status for a CNMI-Only Transitional
Worker.

General Filing Instructions
Complete the basic form and the related supplement. Answer
all questions by typing or clearly printing in black ink.
Indicate that an item is not applicable with "N/A." If the
answer is none, write "None."
If you need extra space to answer any item, go to Part 8 and
write the number of the item to which the answer refers. You
must file your petition with the required initial evidence. The
petition must be properly signed and filed with the proper fee.
NOTE: Submit the petition and all supporting documentation
in duplicate if you would like the U.S. Department of State
(DOS) to be notified of the approval of this petition.

NOTE: Form I-129CW consists of a basic petition and an
individual supplement relating to this classification.

I-129CW Instructions (10/06/09)

Basic Requirements. An employer must file the petition.

Petition Always Required
You must file for CW-1 classification. A petition for new or
concurrent employment or for an extension where there is a
change in previously approved employment must be filed with
the initial evidence listed below, and with the initial evidence
required by the separate instructions for a change of status or
extension of stay. However, a petition for an extension based
on an unchanged continuation of previously approved
employment should only be filed with the initial evidence
required in the separate extension-of-stay instructions.

Initial Evidence
A CNMI-Only Transitional Worker (CW-1) is an alien worker
who will enter or remain in the CNMI for the purpose of
employment during the transition period, and is ineligible for
another classification under the Act. In order to obtain the
status, the worker must either be lawfully present in the
CNMI, or must be coming from abroad to the CNMI with a
CW-1 visa. The alien cannot be present in the United States,
other than in the CNMI.
The CW-1 classification is only available during the transition
period. The transition period is the period beginning on the
transition program effective date, November 28, 2009, and
ending on December 31, 2014, unless the CNMI-Only
Transitional Worker program is extended by the U.S.
Secretary of Labor.

The employer must:
1. Complete Form I-129CW, Petition for a CNMI-Only
Nonimmigrant Transitional Worker. Complete all parts
and make sure to write CW-1 in the requested
classification block in Part 2. If requesting initial CW-1
status from within the CNMI, during the first two years of
the transition period, list current CNMI status in any block
requesting "Current Nonimmigrant Status". If an I-94
Number has not been issued, list current CNMI permit
number in any block requesting the "I-94 Number" (write
"CNMI" followed by the current CNMI permit number).
2. Complete one CW Classification Supplement to Form
I-129CW per beneficiary and submit with evidence, to the
extent available, that supports the elements in the
attestation.
3. Submit evidence demonstrating that the petitioner meets
the definition of an employer as defined by 8 CFR 214.2
(w)(1)(ii), including but not limited to a copy of any
written contract between you and the alien or a summary
of the terms of the oral agreement under which the alien
may be employed; and
4. A copy of any required Commonwealth or local license for
an individual to fully perform or practice the duties of the
occupation.

DRAFT

The CW-1 employer must be a legitimate business. A
legitimate business is a real, active, and operating commercial
or entrepreneurial undertaking that produces goods or services
for profit, or is a governmental, charitable, or other validly
recognized nonprofit entity. The business must meet
applicable legal requirements for doing business in the CNMI.
A business will not be considered legitimate if it engages
directly or indirectly in prostitution, trafficking in minors, or
any other activity that is illegal under Federal or CNMI law.
The U.S. Secretary of Homeland Security will determine
whether a business is legitimate.
The alien is lawfully present in the CNMI if the alien was
lawfully admitted to the CNMI under the immigration laws of
the CNMI in a category other than short-term visitor for
pleasure or business, or was lawfully admitted to the CNMI
under the immigration laws on or after the transition program
effective date, other than an alien admitted as a visitor for
business or pleasure.

CW-1 Classification Supplement
An employer seeking to classify an alien as a CW-1 CNMIOnly Nonimmigrant Transitional Worker must file one
supplement per beneficiary concurrently with Form I-129CW
and the appropriate fee. (See "What Is the Filing Fee?" for
additional information.)
The CW Classification Supplement requires an attestation by
the petitioning employer with the appropriate documentation.
The authorizing official of the petitioning employer must
complete, sign, and date the Employer Attestation. The
attestation certifies, under penalty of perjury under the laws of
the United States of America, that the contents of the
attestation are true and correct. The attestation is subject to
verification. Specifically, the attestation certifies the following:
1. Qualified U.S workers are not available to fill the position;
2. The employer is doing business as defined in 8 CFR
214.2(w)(1)(i);
3. The employer is a legitimate business as defined in 8 CFR
214.2(w)(1)(v);

I-129CW Instructions (10/06/09) Page 2

4. The beneficiary meets the qualifications for the position;
5. The beneficiary, if present in the CNMI, is lawfully
present in the CNMI;
6. The position is not temporary or seasonal employment and
the petitioner does not reasonably believe it to qualify for
any other nonimmigrant worker classification; and
7. The position falls within the list of occupations designated
by the Secretary at 8 CFR 214.2(w)(1)(viii):
A. Professional, technical, or management occupations;
B. Clerical and sales occupations;
C. Service occupations;
D. Agricultural, fisheries, forestry, and related
occupations;

3. Unable to travel to a designated USCIS location for an
interview may be visited at his or her home or a hospital.
If you believe you need us to accommodate your beneficiary's
disability, check the "Yes" box and then check the box that
describes the nature of your disability. Also, write the type of
accommodation you are requesting on the line provided. If
you are requesting a sign-language interpreter, be sure to
indicate the language. If you need more space go to Part 8 on
the form.
NOTE: All domestic USCIS facilities meet the Accessibility
Guidelines of the Americans with Disabilities Act, so you do
not need to contact us to request an accommodation that
would enable or facilitate you having physical access to a
domestic USCIS office.
USCIS consider requests for accommodations on a case-bycase basis. Asking for an accommodation will not effect your
beneficiary's eligibility for the benefit.

E. Processing occupations;
F. Machine trade occupations;
G. Benchwork occupations;

Change of Status

H. Structural work occupations; and
I. Miscellaneous occupations.

2. Hearing-impaired may be provided with a sign-language
interpreter for a USCIS-sponsored training session; or

In addition to the initial evidence for the CW-1 classification,
a petition requesting a change of status for an alien in the
CNMI must be submitted with a copy of the employee's Form
I-94, Nonimmigrant Arrival-Departure Record.

DRAFT

All occupations must be from a legitimate business not
engaging directly or indirectly in prostitution, trafficking of
minors, or any other activity that is illegal under Federal or
CNMI law.

Accommodations for Individuals With Disabilities
and Impairments
Please note that the CW Classification Supplement also
provides a section for a request for disability accommodations.
USCIS is committed to providing customers with disabilities
the same access to programs, activities, and facilities that
customers without disabilities have. To achieve that objective,
we provide reasonable accommodations to customers with
disabilities.
Accommodations vary depending on the individual's disability
and involve modifications to practices or procedures that
allow applicants with disabilities to participate in immigration
processes. For example, a customer who is:
1. Unable to use his or her hands may be permitted to take a
test orally rather than in writing;

NOTE: Dependent aliens (i.e., qualifying family members of
a CW-1 beneficiary) must use Form I-539, Application to
Change/Extend Nonimmigrant Status, to apply for a change of
status.
A nonimmigrant, who must have a passport to be admitted,
must keep that passport valid during his or her entire stay. If a
required passport is not valid, include a full explanation with
your petition.

Extension of Stay
A petition requesting an extension of stay for an employee in
the CNMI may be filed only if the validity of the original
petition has not expired. Requests for extensions of CW-1
status may be granted for periods of one year until the end of
the transition period, subject to the numerical limitation.
A petition requesting an extension of stay must be filed with:
1. A copy of the employee's Form I-94, Nonimmigrant
Arrival-Departure Record;
2. CW Classification Supplement to Form I-129CW per
beneficiary and submit with evidence, to the extent
available, that supports the elements in the attestation.
I-129CW Instructions (10/06/09) Page 3

3. Evidence that the beneficiary or beneficiaries:
i.

Continuously maintained the terms and conditions of
CW-1 status; and

ii. Remains admissible to the United States; and
iii. Remains eligible for CW-1 classification.

Where To File?
E-Filing
Form I-129CW is currently not eligible for electronic
submission.

4. Evidence of licensure if the occupation requires a
Commonwealth or local license; and

Form I-129CW is filed at the California Service Center.
Failure to follow these instructions may result in your
application or petition being rejected, delayed, or denied.

5. If there has been a change in the circumstances of
employment (i.e., new employer), submit the evidence
required for a new petition.

Send Form I-129CW to the California Service Center at the
following address:

NOTE: Dependent aliens (i.e., qualifying family members of
a CW-1 beneficiary) must use Form I-539, Application to
Change/Extend Nonimmigrant Status, to apply for a change of
status.
A nonimmigrant who must have a passport to be admitted
must keep that passport valid during his or her entire stay. If a
required passport is not valid, include a full explanation with
your petition.

General Evidence

USCIS
California Service Center
ATTN: CW-1
P.O. Box 10698
Laguna Niguel, CA 92607-1098
Courier/express deliveries
USCIS
California Service Center
ATTN: CW-1
24000 Avila Road
2nd Floor, Room 2312
Laguna Niguel, CA 92677

DRAFT

Translations. Any foreign language document must be

accompanied by a full English translation that the translator
has certified as complete and correct, and by the translator's
certification that he or she is competent to translate the foreign
language into English.

Copies. Unless specifically required that an original
document be filed with an application or petition, an ordinary
legible photocopy (standard 8 1/2 X 11 letter size) may be
submitted. An original document submitted when not required
will remain a part of the record.

Liability for Return Transportation
Under 8 CFR 214.2(w)(11), a petitioning employer is liable
for the reasonable cost of return transportation for a CNMIOnly Transitional Worker who is dismissed before the end of
the period of authorized employment.

When To File?

Updated Filing Address Information
The filing addresses provided on this form reflect the most
current information as of the date this form was last printed. If
you are filing Form I-129CW more than 30 days after the
latest edition date shown in the lower right-hand corner, visit
us online at www.uscis.gov before you file, and check the
"Forms and Fees" page to confirm the correct filing address
and version currently in use. Check the edition date located in
the lower right-hand corner of the form. If the edition date on
your Form I-129CW matches the edition date listed for Form
I-129CW on the online "Forms and Fees" page, your version is
current and will be accepted by USCIS. If the edition date on
the online version is later, download a copy and use the online
version. If you do not have Internet access, call Customer
Service at 1-800-375-5283 to verify the current filing address
and edition date. Improperly filed forms will be rejected,
and the fee returned with instructions to resubmit the
entire filing using the current form instructions.

Generally, Form I-129CW may not be filed more than six
months prior to the date employment is scheduled to begin.
Petitioners should review the appropriate regulatory
provisions in 8 CFR that relate to when petitions may be filed
prior to November 28, 2009.

I-129CW Instructions (10/06/09) Page 4

Checks are accepted, subject to collection. An uncollected
check will render the petition and any document issued
invalid. A charge of $30 will be imposed if a check in payment
of a fee is not honored by the bank on which it is drawn.

What Is the Filing Fee?
The base filing fee for this petition is $320.
Public Law 110-229 requires a supplemental CNMI education
funding fee of $150, per beneficiary, per year. Accordingly,
employers filing CW-1 petitions must submit an additional fee
of $150, per beneficiary, per year.
An employer filing Form I-129CW for a CNMI-Only
Nonimmigrant Transitional Worker must submit the $320
petition filing fee, and an additional $150 for the supplemental
CNMI education fee.
An additional biometric fee of $80 per beneficiary is required
if the alien is present in the CNMI when filing for initial
CW-1 or CW-2 status. After submission of the form, USCIS
will notify the beneficiary about when and where to go for
biometric services.

Exceptions
You may be eligible for a fee waiver under 8 CFR 103.7(c).
However, note that the CNMI education funding fee cannot be
waived.

How to check if the fee is correct. The fee on this form is
current as of the publication date appearing in the lower right
corner of this page. However, because USCIS fees change
periodically, you can verify if the fee is correct by following
one of the steps below.
1. Visit our Web site at www.uscis.gov and scroll down to
"Immigration Forms" and check the appropriate fee;
2. Review the Fee Schedule included in your form package,
if you called us to request the form; or
3. Telephone our National Customer Service Center at
1-800-375-5283 and ask for the fee information.
Note: If your petition requires payment of a biometric service
fee for USCIS to take your fingerprints, photograph, or
signature, you can use the same procedure to obtain the correct
biometric fee.

DRAFT

USCIS will use the Poverty Guidelines published annually by
the U.S. Department of Health and Human Services as the
basic criteria in determining the applicant's eligibility when
economic necessity is identified as a factor.
The Poverty Guidelines will be used as a guide, but not as a
conclusive standard, in adjudicating fee waiver requests.

Payment
A petitioner filing Form I-129CW may make the payment in
the form of a single check or money order for the total amount
due or as separate checks or money orders, one for the
additional fee, one for the petition fee, and one for the
biometric fee, if applicable.
The fee must be submitted in the exact amount. It cannot be
refunded. Do not mail cash. All checks and money orders
must be drawn on a bank or other institution located in the
United States and must be payable in U.S. currency. The
check or money order must be made payable to the
Department of Homeland Security.
When preparing the check or money order, spell out
Department of Homeland Security. Do not use the initials
"DHS" or "USDHS."

Processing Information

Any form that is not signed or accompanied by the correct
fee will be rejected with a notice that the form is deficient.
You may correct the deficiency and resubmit the form. An
application or petition is not considered properly filed until
accepted by USCIS.

Initial processing. Once a form has been accepted, it will be
checked for completeness, including submission of the
required initial evidence. If you do not completely fill out the
form, or file it without the required initial evidence, you will
not establish a basis for eligibility, and we may deny your
form.
Requests for more information or interview. We may
request more information or evidence, or we may request that
you appear at a USCIS office for an interview. We may also
request that you submit the originals documents instead of
copies. We will return these originals when they are no longer
required.
Decision. The decision on a form involves a determination
of whether you have established eligibility for the requested
benefit. You will be notified of the decision in writing.

I-129CW Instructions (10/06/09) Page 5

Penalties

Paperwork Reduction Act

If you knowingly and willfully falsify or conceal a material
fact or submit a false document with this petition, we will
deny the petition and may deny any other immigration benefit.

An agency may not conduct or sponsor an information
collection and a person is not required to respond to a
collection of information unless it displays a currently valid
OMB control number. The public reporting burden for this
collection of information is estimated at 3 hours per response,
including the time for reviewing instructions and completing
and submitting the form. Send comments regarding this
burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden,
to: U.S. Citizenship and Immigration Services, Regulatory
Products Division, 111 Massachusetts Avenue, N.W., 3rd
Floor, Suite 3008, Washington, DC 20529-2210. OMB No.
1615-XXXX. Do not mail your application to this address.

In addition, you will face severe penalties provided by law and
may be subject to criminal prosecution.

Privacy Act Notice
We ask for the information on this form, and associated
evidence, to determine if you have established eligibility for
the immigration benefit for which you are filing. Our legal
right to ask for this information can be found in the
Immigration and Nationality Act, as amended. We may
provide this information to other government agencies. Failure
to provide this information, and any requested evidence, may
delay a final decision or result in denial of your form.

USCIS Forms and Information

DRAFT

To order USCIS forms, call our toll-free number at
1-800-870-3676. You can also get USCIS forms and
information on immigration laws, regulations, and procedures
by telephoning our National Customer Service Center at
1-800-375-5283 or visiting our Internet Web site at www.
uscis.gov.
As an alternative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
our Internet-based system, InfoPass. To access the system,
visit our Web site. Use the InfoPass appointment scheduler
and follow the screen prompts to set up your appointment.
InfoPass generates an electronic appointment notice that
appears on the screen.

I-129CW Instructions (10/06/09) Page 6