I129CW-TOC-2016 FeeRule-83C-09092016

TABLE OF CHANGES – INSTRUCTIONS

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

OMB Number: 1615-0111

Date: 10/02/2016

Reason for Revision: Fee Rule

Current Page Number and Section	Current Text	Proposed Text
Page 5, What Is the Filing Fee?	The base filing fee for this petition is $325. 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 of $85 per beneficiary is required if the alien is present in the CNMI when filing for initial grant of CW-1 status. (See 8 CFR 103.7(b)). 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. 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. 1. The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and 2. Make the check or money order payable to U.S. Department of Homeland Security. NOTE: Spell out U.S. Department of Homeland Security; do not use the initials "USDHS" or "DHS." 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, select "FORMS," and check the appropriate fee; or 2. Telephone our National Customer Service Center at 1-800-375-5283 and ask for the fee information. For TDD (hearing impaired) call: 1-800-767-1833. 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.	The base filing fee for Form I-129CW is $460. 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 $460 petition filing fee, and an additional $150 for the supplemental CNMI education fee. An additional biometric service fee of $85 per beneficiary is required if the alien is present in the CNMI when filing for initial grant of CW-1 status. (See 8 CFR 103.7(b)). 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. NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this petition. DO NOT MAIL CASH. You must submit all fees in the exact amounts. 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. [Deleted] Use the following guidelines when you prepare your check or money order for the Form I-129CW filing fee: 1. The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and 2. Make the checks or money orders payable to U.S. Department of Homeland Security. NOTE: Spell out U.S. Department of Homeland Security; do not use the initials “USDHS” or “DHS.” 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. Notice to Those Making Payment by Check. If you send us a check, USCIS will convert it into an electronic funds transfer (EFT). This means we will copy your check and use the account information on it to electronically debit your account for the amount of the check. The debit from your account will usually take 24 hours and your bank will show it on your regular account statement. You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If your check is returned as unpayable, USCIS will re-submit the payment to the financial institution one time.  If the check is returned as unpayable a second time, we will reject your application and charge you a returned check fee. How To Check If the Fees Are Correct Form I-129CW’s filing fee and biometric services fee are current as of the edition date in the lower right corner of this page. However, because USCIS fees change periodically, you can verify that the fees are correct by following one of the steps below. 1. Visit the USCIS website at www.uscis.gov, select “FORMS,” and check the appropriate fee; or 2. Call the USCIS National Customer Service Center at 1-800-375-5283 and ask for fee information. For TTY (deaf or hard of hearing) call: 1-800-767-1833. 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. Fee Waiver You may be eligible for a fee waiver under 8 CFR 103.7(c). If you believe you are eligible for a fee waiver, complete Form I-912, Request for Fee Waiver (or a written request), and submit it and any required evidence of your inability to pay the filing fee with this petition. You can review the fee waiver guidance at www.uscis.gov/feewaiver.