I-129CW Instructions Table of Changes

TABLE OF CHANGES – INSTRUCTIONS

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

OMB Number: 1615-0111

05/12/2020

Reason for Revision: Biometrics Rule

Project Phase: NPRM

Legend for Proposed Text:

• Black font = Current text

• Red font = Changes

Expires 10/31/2021

Edition Date 1/27/2020

Current Page Number and Section	Current Text	Proposed Text
Pages 1-6, General Instructions	[page 2] … 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. USCIS may require that you appear for an interview or provide biometrics (for example, fingerprints, photograph, and/or signature) at any time to verify your identity, obtain additional information, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on your application or petition. After USCIS receives your petition and ensures it is complete, we will inform you in writing if you need to attend a biometric services appointment. If an appointment is necessary, the notice will provide you the location of your local or designated USCIS Application Support Center (ASC) and the date and time of your appointment or, if you are currently overseas, instruct you to contact a U.S. Embassy, U.S. Consulate, or USCIS office outside the United States to set up an appointment. 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. …	[page 2] … 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.   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. …
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 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. 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 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 CNMI education funding fee cannot be waived. …	[page 10] 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. [deleted] 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. …
Page 13, DHS Privacy Notice	[Page 13] 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. 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-007 - Benefits Information System] 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.	[Page 13] 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. 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-016(a) 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.
Page 13, Paperwork Reduction Act	[Page 13] 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. 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.	[Page 13] 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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