Petition for CNMI-Only Nonimmigrant Transition Worker

OMB No. 1615-0111; Expires 10/31/2012

DRAFT - Not For Production

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

Instructions for Form I-129CW, Petition for a CNMIOnly Nonimmigrant Transitional Worker
Instructions

Read these instructions carefully to properly complete this form.

This Table of Contents will help you locate information on the
form and supplement:

Table of Contents

Page

I. Instructions for Form I-129CW

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

General Information

1

Petition Always Required

2

Initial Evidence

2

Initial Grant of CW-1 Status

3

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:

Change of Status/Extension of Stay

4

1. All be working in the same occupational category;

General Evidence

4

When To File?

5

Where To File?

5

What Is the Filing Fee?

5

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

6

2. All be employed for the same period of time;
3. All be employed in the same location; and
4. All be requesting the same action in Part 2 of the Form
I-129CW.

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.

What Is the Purpose of This Form?
General Filing Instructions
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.

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.

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Petition Always Required
You must apply 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 an initial grant of
status, a change of status or extension of stay. A petition for an
extension based on an unchanged continuation of previously
approved employment, however, 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 alien is lawfully present in the CNMI if the alien was
lawfully admitted to the CNMI under the immigration laws of
the CNMI prior to November 28, 2009 and is still within the
authorized period of stay, or was lawfully admitted or paroled
into the CNMI under federal immigration laws on or after
November 28, 2009, other than an alien admitted or paroled as
a visitor for business or pleasure (B-1 or B-2 or under any
visa-free travel provision including but not limited to the
parole program for certain visitors from Russia and the
People's Republic of China).
Employers may file petitions until December 31, 2014.
However, the petitioner should file the petition as early as
possible to ensure adjudication prior to December 31, 2014 as
this is the expiration date of the CW program and all CW
status. When filing the petition, an employer may not include
more than one requested action on each petition (i.e. initial
grant of CW-1 status, change of status, extension of status, or
consular processing); doing so may result in delay of the
petition.

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.

Basic Requirements. An employer must file the petition.
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 2 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)(iii), 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.

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.)

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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)(ii);
3. The employer is a legitimate business as defined in 8 CFR
214.2(w)(1)(vi);
4. The employer is an eligible employer as described in 8
CFR 214.2(w)(4) and will continue to comply with the
requirements for an eligible employer until such time as
the employer no longer employs any CW-1 nonimmigrant
worker;
5. The beneficiary meets the qualifications for the position;
6. The beneficiary, if present in the CNMI, is lawfully
present in the CNMI;
7. 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
8. The position falls within the list of occupations designated
by the Secretary at 8 CFR 214.2(w)(1)(ix):
A. Professional, technical, or management occupations;
B. Clerical and sales occupations;
C. Service occupations;
D. Agricultural, fisheries, forestry, and related
occupations;
E. Processing occupations;
F. Machine trade occupations;
G. Benchwork occupations;
H. Structural work occupations; and
I. Miscellaneous occupations.
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
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;
2. Hearing-impaired may be provided with a sign-language
interpreter for a USCIS-sponsored training session; or
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.

Initial Grant of CW-1 Status
An alien who was admitted to the CNMI prior to November
28, 2009 may not currently hold a Federal nonimmigrant
classification that permits a change of status. However, under
the CNMI-Only Transitional Worker regulations the petitioner
may in certain situations request that the alien be granted an
initial CW-1 status in the CNMI. This will allow certain
beneficiaries who were present in the CNMI prior to the
transition date to be granted an initial CW-1 status without
having to depart the CNMI. Additionally, an alien who is
currently in parole status in the CNMI may also be granted an
initial CW-1 status in the CNMI.

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A petition for a grant of initial CW-1 status for a beneficiary
currently in the CNMI whose lawful status is solely based
upon a CNMI issued permit must be filed on or before
November 27, 2011. In addition to the initial evidence for the
CW-1 classification, a petition requesting an initial grant of
CW-1 status must be accompanied by evidence that each
beneficiary is currently lawfully present in the CNMI.

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 up to 1 year until the end of
the transition period, subject to the numerical limitation.
A petition requesting an extension of stay must be filed with:

If you are requesting that the beneficiary be granted initial
CW-1 status in the CNMI, you must check box “a” in Part 2,
question 2 and check box “b” in Part 2, question 5.
Additionally, you must check the sub-category box “1” in
Part 2, question 5.

1. A copy of the employee's Form I-94, Nonimmigrant
Arrival-Departure Record;

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 initial
grant of CW-2 status.

3. Evidence that the beneficiary or beneficiaries:

Please note that an alien present in the CNMI with an
unexpired nonimmigrant classification (such as F-1 or H-2B)
should file the petition requesting a Change of Status as
discussed in the Change of Status section below.

Change of Status
A beneficiary who was lawfully admitted to the CNMI under
Federal immigration laws on or after the transition program
effective date of November 28, 2009 and who currently holds
an unexpired eligible nonimmigrant status may change status
to CW-1 status with this petition.
In addition to the initial evidence for 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.
If you are requesting a change of a Federal nonimmigrant
status to that of CW-1 status you must check box “a” in Part
2, question 2 and check box “b” in Part 2, question 5.
Additionally, you must check the sub-category box “2” in
Part 2, question 5.
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 will not be valid for the entire requested
period of stay, include a full explanation with your petition.

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.

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.
4. Evidence of licensure if the occupation requires a
Commonwealth or local license; and
5. If there has been a change in the circumstances of
employment (i.e., new employer), submit the evidence
required for a new petition.
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 an
extension 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
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.

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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?
Generally, Form I-129CW may not be filed more than 6
months prior to the date employment is scheduled to begin.

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" 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.

What Is the Filing Fee?
The base filing fee for this petition is $325.

Where To File?
E-Filing
Form I-129CW is currently not eligible for electronic
submission.
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.
Send Form I-129CW to the California Service Center at the
following address:
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

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
"FORMS" page to confirm the correct filing address and
version currently in use. Check the edition date located in the

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 $325
petition filing fee, and an additional $150 for the supplemental
CNMI education fee.
An additional biometric service fee described in 8 CFR
103.7(b) per beneficiary is required if the alien is present in
the CNMI when applying for an initial grant of CW-1 status.
After submission of the form, USCIS will notify you about
when and where to go for biometric services.
An additional biometric fee of $85 per beneficiary is required
if the alien is present in the CNMI when filing for initial
CW-1 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.
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.

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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.

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.

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.

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 original documents instead of
copies. We will return these originals when they are no longer
required.

When preparing the check or money order, spell out
Department of Homeland Security. Do not use the initials
"DHS" or "USDHS."

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.

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.
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 select "Check
Filing Fees" 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.

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.

Penalties
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.
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
You can get USCIS forms and immigration-related
information on the USCIS Internet Web site at
www.uscis.gov. You may order USCIS forms by calling our
toll-free number at 1-800-870-3676. You may also obtain
forms and information by telephoning our National Customer
Service Center at 1-800-375-5283.

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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.

Paperwork Reduction Act
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, Office of the Executive Secretariat,
20 Massachusetts Avenue, N.W., Washington, DC
20529-2020. OMB No. 1615-0111. Do not mail your Form
I-129CW to this address.

I-129CW Instructions (Rev. 04/05/11) Page 7