I-129CW Instructions TOC

TABLE OF CHANGES – INSTRUCTIONS

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

OMB Number: 1615-0111

10/29/2019

Reason for Revision: 2019 Fee Rule.

Legend for Proposed Text:

• Black font = Current text

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Expires 05/31/2020

Edition Date 8/1/2018

Current Page Number and Section	Current Text	Proposed Text
Pages 1-3, General Instructions	[Page 1] General Instructions … Filing Fee. Each petition must be accompanied by the appropriate filing fee and biometric services fee (if applicable). (See the What Is the Filing Fee section of these Instructions.) …	[Page 1] General Instructions … Filing Fee. Each petition must be accompanied by the appropriate filing fee. (See the What Is the Filing Fee section of these Instructions.) …
Pages 7-8, What Is the Filing Fee?	[Page 7] What Is the Filing Fee? The filing fee for Form I-129CW is $460. Public Law 110-229, as revised by the Northern Mariana Islands U.S. Workforce Act of 2018, requires a fraud prevention and detection fee of $50 per petition and a supplemental CNMI education funding fee of $200 per beneficiary, per year. An employer filing Form I-129CW for a CNMI-Only Nonimmigrant Transitional Worker must submit the $460 petition filing fee, the $50 fraud prevention and detection fee, and an additional $200 per beneficiary, per year for the supplemental CNMI education fee. An additional biometric services 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 petition, 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 fraud prevention and detection fee and the CNMI education funding fee cannot be waived. [Page 8] 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 and biometric services fee are not refundable, regardless of any action USCIS takes on this petition. DO NOT MAIL CASH. You must submit all fees in the exact amounts. Use the following guidelines when you prepare your checks or money orders for the Form I-129CW filing fee and biometric services fee: 1. The checks or money orders 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.” 3. If you live outside the United States, contact the nearest U.S. Embassy or U.S. Consulate for instructions on the method of payment. Notice to Those Making Payment by Check. If you send USCIS a check, we 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 petition and charge you a returned check fee. How To Check If the Fees Are Correct Form I-129 CW’s filing fee and biometric services fee are current as of the edition date in the lower left 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. 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.	[Page 7] What Is the Filing Fee? The filing fee for Form I-129CW is $750. Public Law 110-229, as revised by the Northern Mariana Islands U.S. Workforce Act of 2018, Pub. Law. 115-218 (July 24, 2018) requires a fraud prevention and detection fee of $50 per petition and a supplemental CNMI education funding fee of $200 per beneficiary, per year. An employer filing Form I-129CW for a CNMI-Only Nonimmigrant Transitional Worker must submit the $750 petition filing fee, the $50 fraud prevention and detection fee, and an additional $200 per beneficiary, per year for the supplemental CNMI education fee. [delete] 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. The CNMI education funding fee must be paid separately from any other fees. It will be refunded if the petition is not approved. Use the following guidelines when you prepare your checks or money orders for the Form I-129CW filing fee: [no change] 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, we will reject your petition. How To Check If the Fees Are Correct Form I-129CW’s filing fee is current as of the edition date in the lower left 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. [no change] 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. [delete]

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