Petition for CNMI-Only Nonimmigrant Transition Worker

Instructions for Petition for a CNMI-Only
Nonimmigrant Transitional Worker
Department of Homeland Security
U.S. Citizenship and Immigration Services

USCIS
Form I-129CW

OMB No. 1615-0111
Expires 10/31/2021

What Is the Purpose of Form I-129CW?
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 (INA).

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This form is used also by an employer to request an extension of stay or change of status for a CNMI-Only Transitional
Worker.
NOTE: Form I-129CW consists of a basic petition and an individual supplement relating to this classification.

Who May File Form I-129CW?

General. An employer may file this petition 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;
3. All be employed in the same location; and

4. All be requesting the same action in Part 2., Item Numbers 2. and 5.

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.

General Instructions
USCIS provides forms free of charge through the USCIS website. In order to view, print, or fill out our forms, you should
use the latest version of Adobe Reader, which you can download for free at http://get.adobe.com/reader/. If you do not
have Internet access, you may call the USCIS Contact Center at 1-800-375-5283. The USCIS Contact Center provides
information in English and Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Signature. Each petition must be properly signed and filed. For all signatures on this petition, USCIS will not accept a
stamped or typewritten name in place of a signature.
Validity of Signatures. USCIS will consider a photocopied, faxed, or scanned copy of the original, handwritten signature
valid for filing purposes. The photocopy, fax, or scan must be of the original document containing the handwritten, ink
signature.
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.)

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Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the What Evidence
Must You Submit section of these Instructions.
Biometric Services Appointment. Every individual who is an applicant, petitioner, derivative, beneficiary, or sponsor of
an immigration benefit request or other request submitted to USCIS is required to submit biometrics unless USCIS waives
or exempts the requirement. You will be notified of the time and place of your appointment if you must appear and you
will be provided requirements for rescheduling if necessary. If you fail to provide any biometrics as required, USCIS may
deny your application, petition, or request.
DHS may store the biometrics submitted by an individual and use or reuse biometrics to conduct background and security
checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), verify
identity, produce documents, determine eligibility for immigration and naturalization benefits, or to perform any other
functions necessary for administering and enforcing immigration and naturalization laws, and any other law within DHS
authority.

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If you are required to provide biometrics, at your appointment you must sign an oath reaffirming that:
1. You provided or authorized all information in the petition;

2. You reviewed and understood all of the information contained in, and submitted with, your petition; and
3. All of this information was complete, true, and correct at the time of filing.

Copies. You should submit legible photocopies of documents requested, unless the Instructions specifically state that you
must submit an original document. USCIS may request an original document at the time of filing or at any time during
processing of an application or petition. If USCIS requests an original document from you, it will be returned to you after
USCIS determines it no longer needs your original.
NOTE: If you submit original documents when not required or requested by USCIS, your original documents may be
immediately destroyed upon receipt.
Translations. If you submit a document with information in a foreign language, you must also submit a full English
translation. The translator must sign a certification that the English language translation is complete and accurate, and that
he or she is competent to translate from the foreign language into English. The certification must include the translator’s
signature. DHS recommends the certification contain the translator’s printed name, the signature date, and the translator’s
contact information.
How To Fill Out Form I-129CW

1. Type or print legibly in black ink.
2. If you need extra space to complete any item within this petition, use the space provided in Part 10. Additional
Information or attach a separate sheet of paper. Type or print your name and Alien Registration Number (A-Number)
(if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer
refers; and sign and date each sheet.
3. Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been
married and the question asks, “Provide the name of your current spouse”), type or print “N/A” unless otherwise
directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many
children do you have” or “How many times have you departed the United States”), type or print “None” unless
otherwise directed.

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4. USCIS Online Account Number (if any). If you have previously filed an application or petition using the USCIS
online filing system (previously called USCIS Electronic Immigration System (USCIS ELIS)), provide the USCIS
Online Account Number you were issued by the system. You can find your USCIS Online Account Number by
logging in to your account and going to the profile page. If you previously filed certain applications or petitions on a
paper form through a USCIS Lockbox facility, you may have received a USCIS Online Account Access Notice issuing
you a USCIS Online Account Number. You may find your USCIS Online Account Number at the top of the notice.
If you were issued a USCIS Online Account Number, enter it in the space provided. The USCIS Online Account
Number is not the same as an A-Number.
5. Part 6. Information about the Beneficiary’s Public Benefits
In general, a condition on the approval of a request to extend the beneficiary’s stay or change the beneficiary’s status
is that the beneficiary must demonstrate that, since obtaining the nonimmigrant status that you seek to extend or
which you seek to change on behalf of the beneficiary, he or she has not received one or more public benefits as set
forth in 8 CFR 212.21(b) (and listed below), for more than 12 months in the aggregate within any 36 month period
(such that, for instance, receipt of two benefits in one month counts as two months). This condition only applies to
beneficiaries who are seeking to change status or extend their stay while they are in the CNMI. Therefore, you only
have to complete the information in Part 6. if you are also requesting an extension of the beneficiary’s stay in the
CNMI or a change of the beneficiary’s status with this petition. If you are filing this petition without a request for the
beneficiary’s change of status or extension of stay, you may skip Part 6.

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Item Number 1. Public Benefits. Provide the information requested about the beneficiary’s receipt or the
beneficiary’s current certification for receipt of public benefits, as defined in 8 CFR 212.21(b) (and which are listed
below), unless the nonimmigrant classification is exempt from the public charge inadmissibility under INA section
212(a)(4). Provide the requested information and documentation. For additional beneficiaries, please respond to
the questions in Part 2. Information about the Additional Beneficiary’s Public Benefits, in the Form I-129CW
Classification Supplement for each beneficiary.
Item Number 2. You must provide information about all public benefits as defined in 8 CFR 212.21(b) (and which
are listed below) received by the beneficiary in his or her current nonimmigrant status regardless of how long the
beneficiary received the public benefit, or the beneficiary’s certification for receipt of public benefits. USCIS will
calculate the duration of each public benefit to be considered. If the beneficiary received public benefits intermittently
through the year, provide each instance separately. For example, if the beneficiary received Supplemental Nutrition
Assistance Program (SNAP) from January to February and June to December, provide the information separately. If
you require additional space, use the space provided in Part 10. Additional Information.
Receipt means when a benefit-granting agency provided or currently provides a public benefit to the beneficiary
whether in the form of cash, voucher, services, or insurance coverage. Note only the amount received by or
attributable to the beneficiary will be considered.
Indicate whether the beneficiary has received or been certified to receive the following public benefits, since having
obtained the nonimmigrant status that you seek to extend or that you seek to change on behalf of the beneficiary. (You
need to respond even if the beneficiary falls within one of the categories of individuals for whom receipt of public
benefits will not be considered – see table below for evidence that must be provided to document that the beneficiary
qualified for the exclusion):
(1) Any Federal, state, local, or tribal cash assistance for income maintenance;
(2) Supplemental Security Income (SSI);
(3) Temporary Assistance for Needy Families (TANF);
(4) Federal, state, or local cash benefit programs for income maintenance (often called “General Assistance” in
the state context, but which may exist under other names);
(5) Supplemental Nutrition Assistance Program (SNAP, formerly called “Food Stamps”);
(6) Section 8 Housing Assistance under the Housing Choice Voucher Program;
(7) Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation);
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(8) Public Housing under the Housing Act of 1937, 42 U.S.C. 1437 et seq.; and
(9) Federally-funded Medicaid.
NOTE: You need only to report public benefits received by the beneficiary on or after February 24, 2020, but not any
received by the beneficiary before February 24, 2020.
If the beneficiary has not received any of the public benefits listed above, please select that option.
If the beneficiary is currently not certified to receive any of the public benefits listed above, please select that option.
If the beneficiary has received or is certified to receive the public benefits but requested disenrollment, please provide,
in addition to providing information about any exclusions below, evidence of the disenrollment or the request to
disenroll if the public benefit-granting agency has not processed the request.

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Unless the beneficiary qualifies for certain exclusions listed in the table below, the beneficiary is ineligible for
extension of stay and change of status if the beneficiary has received, since obtaining the nonimmigrant status that you
seek to extend or which you seek to change on behalf of the beneficiary, the public benefits listed above for more than
12 months in the aggregate within any 36-month period (such that, for instance, receipt of two public benefits in one
month counts as two months).
The following is a list of exemptions from the public benefits listed above. If the beneficiary belongs to one of the
following categories, submit the evidence listed for the applicable categories.
Exclusion
U.S. Armed Forces
Service Members

Description

At the time the public benefit was received, •
or at the time you file Form I-129CW, or at
time of adjudication of Form I-129CW, the
beneficiary is:
•

•
•

Federally-funded
Medicaid

Evidence You Must Submit for the
Beneficiary to Qualify for Exclusion

•
•
•
•

•

Service Members: Certified evidence
of alien’s enlistment/service issued by
the authorizing official of the executive
department in which service member is
serving.
Spouses and Children of Service
Members:
• Copy of Form DD-1173, United
States Uniformed Services
Identification and Privilege Card
(Dependent).

An alien enlisted in the U.S. Armed
Forces, or serving in active duty or in
the Ready Reserve component of the
U.S. Armed Forces; or
The spouse or child of the service
member (listed above); or
The spouse or child of an individual
enlisted in the U.S. Armed Forces, or
serving in active duty or in the Ready
Reserve component of the U.S. Armed
Forces.

•

Receipt by an alien under 21 years of
age;
The recipient of Medicaid payments
for an “emergency medical condition”;
The receipt of Medicaid for services
provided under the Individuals with
Disabilities Education Act (IDEA);
The receipt of Medicaid for schoolbased non-emergency benefits for
children who are of an age eligible for
secondary education as determined
under state law; or
Receipt during pregnancy and during
the 60-Day period after the last day of
the pregnancy.

•

A statement with information regarding
the “emergency medical condition”
determination (if applicable);

•

Documentation of payments under the
IDEA or school-based service;

•

Pregnancy verification letter from medical
professional including estimated duration
of pregnancy.

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Exclusion

Description

Evidence You Must Submit for the
Beneficiary to Qualify for Exclusion

Children Who Will
Naturalize Under INA
Section 322

•

Child currently residing abroad
who entered the United States
with a nonimmigrant visa to attend
N-600K, Application for Citizenship
and Issuance of Certificate Under
INA Section 322 interview.

•

A copy of the N-600K interview notice.

Public Benefits While in
an Immigration Category
Exempt from Public
Charge

•

Received public benefits while in a
category that is exempt from public
charge inadmissibility; or
Received public benefits while in a
category for which the beneficiary
had received a waiver for public
charge inadmissibility.

•

Information that evidences the beneficiary’s
status or that the beneficiary received a
waiver for the public charge ground of
inadmissibility, such as:
• Approval notice (Form I-797, Notice of
Action); or

Documentation

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•

•

Form I-94, Arrival-Departure Record.

If the beneficiary has received or is currently certified to receive any of the public benefits listed above, submit
evidence in the form of a letter, notice, certification, or other agency documents that contain the following:
(1) Beneficiary name;

(2) Name and contact information for the public benefit granting agency;
(3) Type of public benefit;

(4) Date the beneficiary started receiving the public benefit or, if certified, date the beneficiary will start receiving
the public benefit; and
(5) Date the benefit or coverage ended or expires (mm/dd/yyy) (if applicable).

If the beneficiary has received or is currently certified to receive such public benefits, please indicate whether an
exclusion applies to the beneficiary, in Item Number 3., and provide the evidence listed in the chart above to
demonstrate why the benefit should not be considered.
6. Part 7. Statement, Contact Information, Declaration, Certification, and Signature of the Petitioner or
Authorized Signatory. Select the appropriate box to indicate whether you read this petition yourself or whether you
had an interpreter assist you. If someone assisted you in completing the petition, select the box indicating that you
used a preparer. Further, you must sign and date your petition and provide your daytime telephone number, mobile
telephone number (if any), and email address (if any). Every petition MUST contain the signature of the petitioner
(or parent or legal guardian, if applicable). A stamped or typewritten name in place of a signature is not acceptable.
7. Part 8. Interpreter’s Contact Information, Certification, and Signature. If you used anyone as an interpreter to
read the Instructions and questions on this petition to you in a language in which you are fluent, the interpreter must
fill out this section; provide his or her name, the name and address of his or her business or organization (if any), his
or her daytime telephone number, his or her mobile telephone number (if any), and his or her email address (if any).
The interpreter must sign and date the petition.

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8. Part 9. Contact Information, Declaration, and Signature of the Person Preparing this Petition, if Other Than
the Petitioner. This section must contain the signature of the person who completed your petition, if other than
you, the petitioner. If the same individual acted as your interpreter and your preparer, that person should complete
both Part 8. and Part 9. If the person who completed this petition is associated with a business or organization,
that person should complete the business or organization name and address information. Anyone who helped you
complete this petition MUST sign and date the petition. A stamped or typewritten name in place of a signature is
not acceptable. If the person who helped you prepare your petition is an attorney or accredited representative, he or
she may be obliged to also submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited
Representative, along with your petition.

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We recommend that you print or save a copy of your completed petition to review in the future and for your
records.
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.
Form I-129CW Classification Supplement

An employer seeking to classify an alien as a CW-1 CNMI-Only Nonimmigrant Transitional Worker must file one
supplement per beneficiary 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)(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;

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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.

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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.
Part 2. Information about the Additional Beneficiary’s Public Benefits

Provide the information requested in this Part 2. according to the Instructions provided in Part 6. Information about the
Beneficiary’s Public Benefits of Form I-129CW, above.
Accommodations for Individuals With Disabilities and/or Impairments

If an employer is asking for an accommodation for a beneficiary with disabilities or impairments, they must fill out this
section.
USCIS is committed to providing reasonable accommodations for qualified individuals with disabilities and/or
impairments that will help them fully participate in USCIS programs and benefits.
Reasonable accommodations vary with each disability and/or impairment. They may involve modifications to practices
or procedures. There are various types of reasonable accommodations that we may offer. Examples include but are not
limited to:
1. If the beneficiary is deaf or hard of hearing, USCIS may provide them with a sign-language interpreter at an interview
or other immigration benefit-related appointment;
2. If the beneficiary is blind or has low vision, USCIS may permit them to take a test orally rather than in writing; or
3. If the beneficiary is unable to travel to a designated USCIS location for an interview, USCIS may visit them at their
home or a hospital.
If you believe that you need USCIS to accommodate the beneficiary’s disability and/or impairment, select “Yes” and then
any applicable box on Form I-129CW, Part 11., Item Numbers 4.a. - 4.c., and Form I-129CW Classification Supplement,
Part 2., Item Numbers 4.a. - 4.c. (if applicable), that describes the nature of their disabilities and/or impairments. Also,
describe the types of accommodations the beneficiary is requesting on the lines provided. If the beneficiary is requesting
a sign-language interpreter, indicate for which language. If you need extra space to complete this section, use the space
provided in Part 10. Additional Information.
NOTE: All domestic USCIS facilities meet the Accessibility Guidelines of the Americans with Disabilities Act, so you
do not need to contact USCIS to request an accommodation for physical access to a domestic USCIS office. However,
on Form I-129CW Part 11., or Form I-129CW Classification Supplement Part 2., you can indicate whether the
beneficiary uses a wheelchair. This will allow USCIS to better prepare the beneficiary’s visit.
NOTE: USCIS also ensures that limited English proficient (LEP) individuals are provided meaningful access at an
interview or other immigration benefit-related appointment, unless otherwise prohibited by law. LEP individuals may
bring a qualified interpreter to the interview.

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USCIS considers requests for reasonable accommodations on a case-by-case basis, and we will make our best efforts to
reasonably accommodate a beneficiary’s disabilities and/or impairments. USCIS will not exclude them from participating
in USCIS programs or deny their petition because of their disabilities and/or impairments. Requesting and/or receiving an
accommodation will not affect their eligibility for an immigration 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 have been 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.
If you are requesting that the beneficiary be granted initial CW-1 status in the CNMI, you must select Item Number 2.a.
in Part 2., and select Item Number 5.b. in Part 2. Additionally, you must select the sub-category box “1.” in Part 2.,
Item Number 5.b.
NOTE: Dependent aliens (for example, qualifying family members of a CW-1 beneficiary) must use Form I-539,
Application to Change/Extend Nonimmigrant Status, to apply for an initial grant of CW-2 status.
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 select Item Number 2.a.
in Part 2., and select Item Number 5.b. in Part 2. Additionally, you must select the sub-category box “2.” in Part 2.,
Item Number 5.b.
NOTE: Dependent aliens (for example, 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.
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 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 Arrival-Departure Record Number;
2. Form I-129CW Classification Supplement per beneficiary submitted with evidence that supports the elements in the
attestation, to the extent available;
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3. Evidence that the beneficiary or beneficiaries:
A. Continuously maintained the terms and conditions of CW-1 status;
B. Remains admissible to the United States;
C. Remains eligible for CW-1 classification; and
4. Evidence of licensure if the occupation requires a Commonwealth or local license. If there has been a change in the
circumstances of employment (for example, a new employer), submit the evidence required for a new petition.
NOTE: Dependent aliens (for example, 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.

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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.

What Evidence Must You Submit?

You must submit all evidence requested in these Instructions with your petition. If you fail to submit required evidence,
USCIS may reject or deny your petition for failure to submit requested evidence or supporting documents in accordance
with 8 CFR 103.2(b)(1) and these 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, 2019.
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, 2019. However, the petitioner should file the petition as early as possible
to ensure adjudication prior to December 31, 2019 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 a Form I-94 Arrival-Departure Record Number
has not been issued, list the current CNMI permit number in any block requesting the “Form I-94 Arrival-Departure
Record Number” (write “CNMI” followed by the current CNMI permit number).
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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.
5. Submit evidence demonstrating that the petitioner has posted a job vacancy announcement for the proffered position
on the CNMI Department of Labor website as required by CNMI law.

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Instructions for Occupation Codes

You can obtain the Standard Occupational Classification (SOC) codes from DOL, Bureau of Labor Statistics at
www.bls.gov/soc. Type or print the code from left to right, one digit in each of the six boxes.
To determine whether the beneficiary’s proposed employment qualifies for a CW-1 visa, USCIS will review the totality
of the record, including the listed SOC code, Job Vacancy Announcement and any additional evidence submitted by the
CW-1 petitioner. USCIS may request additional information if the SOC code is blank or if the evidence submitted with
the Form I-129CW does not establish that the proposed employment matches the SOC code listed on the petition. In
determining whether the proposed employment matches the listed SOC code, USCIS will consider factors, including, but
not limited to the job duties and responsibilities of the proposed employment, and any educational, experience, and/or
training requirements.

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.

What Is the Filing Fee?
The filing fee for Form I-129CW is $460. A biometric services fee of $85 is also required for each beneficiary.
Public Law 110-229, as revised by Public Law 115-53, requires a supplemental CNMI education funding fee of $200,
per beneficiary, per year. Accordingly, employers filing CW-1 petitions must submit an additional 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, and an additional $200 for the supplemental CNMI education fee.
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.
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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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.”

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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. Visit the USCIS Contact Center at www.uscis.gov/contactcenter to get answers to your questions and connect with a
live USCIS representative. The USCIS Contact Center provides information in English and Spanish. 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, 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.

Where To File?
Please see our website at www.uscis.gov/I-129CW or visit the USCIS Contact Center at www.uscis.gov/contactcenter to
connect with a USCIS representative for the most current information about where to file this petition. For TTY (deaf or
hard of hearing) call: 1-800-767-1833.

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Address Change
A petitioner who is not a U.S. citizen must notify USCIS of his or her new address within 10 days of moving
from his or her previous residence. For information on filing a change of address, go to the USCIS website at
www.uscis.gov/addresschange or reach out to the USCIS Contact Center at www.uscis.gov/contactcenter
for help. The USCIS Contact Center provides information in English and Spanish. For TTY (deaf or hard of
hearing) call: 1-800-767-1833.
NOTE: Do not submit a change of address request to the USCIS Lockbox facilities because the Lockbox does not
process change of address requests.

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Processing Information

You, the Petitioner, must have a United States address to file this petition (a P.O. box is acceptable).
Initial Processing. Once USCIS accepts your petition, we will check it for completeness. If you do not completely fill
out this petition, you will not establish a basis for your eligibility and USCIS may reject or deny your petition.
Requests for More Information. We may request that you provide more information or evidence to support your
petition. We may also request that you provide the originals of any copies you submit. If we request an original document
from you, it will be returned to you after USCIS determines it no longer needs your original.
Requests for Interview. We may request that you appear at a USCIS office for an interview based on your petition. At
the time of any interview or other appearance at a USCIS office, we may require that you provide your biometrics to
verify your identity and/or update background and security checks.
Decision. The decision on Form I-129CW involves a determination of whether you have established eligibility for the
immigration benefit you are seeking. USCIS will notify you of the decision in writing.

USCIS Forms and Information

To ensure you are using the latest version of this petition, visit the USCIS website at www.uscis.gov where you can obtain
the latest USCIS forms and immigration-related information. If you do not have Internet access, you may order USCIS
forms by calling the USCIS Contact Center at 1-800-375-5283. The USCIS Contact Center provides information in
English and Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Instead of waiting in line for assistance at your local USCIS office, you can schedule an appointment online at
www.uscis.gov. Select “Make an Appointment” and follow the screen prompts to set up your appointment. Once you
finish scheduling an appointment, the system will generate an appointment notice for you.

Penalties
If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-129CW, we
will deny your Form I-129CW and may deny any other immigration benefit. In addition, you will face severe penalties
provided by law and may be subject to criminal prosecution.

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DHS Privacy Notice
AUTHORITIES: The information requested on this petition, and the associated evidence, is collected under Title VII
of the Consolidated Natural Resources Act of 2008 (CNRA), Public Law 110-229 and the Northern Mariana Islands
Economic Expansion Act, Public Law 115-53 (both codified in 48 U.S.C. section 1806(d)); Immigration and Nationality
Act section 214 (8 U.S.C. section 1184); and 8 CFR section 214.2(w).
PURPOSE: The primary purpose for providing the requested information on this petition is for an employer to petition
for an alien to perform labor as a CW-1, CNMI-Only Transitional Worker. DHS uses the information you provide to grant
or deny the immigration benefit you are seeking.

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DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information,
including your Social Security number (if applicable), and any requested evidence, may delay a final decision or result in
denial of your petition.
ROUTINE USES: DHS may share the information you provide on this petition and any additional requested evidence
with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows approved
routine uses described in the associated published system of records notice [DHS/USCIS/ICE/CBP-001 Alien File, Index,
and National File Tracking System of Records, DHS/USCIS-007 Benefits Information System, and DHS/USCIS-018
Immigration Biometric and Background Check] and the published privacy impact assessment [DHS/USCIS/PIA-016a
Computer Linked Application Information Management System and Associated Systems] which you can find at www.
dhs.gov/privacy. DHS may also share this information, as appropriate, for law enforcement purposes or in the interest of
national security.

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 Office of Management and Budget (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, gathering the required documentation and information, completing the petition, preparing
statements, attaching necessary documentation, and submitting the petition. The collection of biometrics is estimated to
require 3 hours and 40 minutes. 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
Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140; OMB No.
1615-0111. Do not mail your completed Form I-129CW to this address.

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