CW-1 CNMI-Only Transitional Worker (CW-1)

At a Glance

Item	Details
Visa name	CW-1 CNMI-Only Transitional Worker
Purpose	Temporary work in CNMI
Stay	Up to one year; extensions limited
Long-term stay	Up to three years
Program end	Dec. 31, 2029
Cost	USCIS fees; see Form G-1055
Eligibility timing	Transition period: 2009–2029
Work rights	CNMI employment only
Study	Not stated in the source
Medicare	Not stated in the source
Travel facility	CNMI only; limited Guam transit
Citizenship	Not stated in the source
Family sponsorship	Spouse and unmarried children under 18
Family work rights	CW-2 dependents cannot work
Visa record	Form I-94 may evidence status
Annual cap	Subject to fiscal-year cap
Petitioning employer	CNMI legitimate business required

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Purpose

The CW-1 classification lets CNMI employers employ workers who are ineligible for another U.S. employment-based nonimmigrant status. It supports the transition from the former CNMI foreign worker permit system to the U.S. immigration system.

CW-1 applies only in the Commonwealth of the Northern Mariana Islands (CNMI). CW-2 is for eligible dependents.

Worker Eligibility

A worker may qualify during the transition period from Nov. 28, 2009, through Dec. 31, 2029, subject to the annual CW-1 cap, if they:

• Are ineligible for another employment-based nonimmigrant status.
• Will work in a designated occupation needing nonimmigrant workers.
• Are named in a petition filed by a legitimate CNMI employer.
• Are not present elsewhere in the United States.
• Are lawfully present in the CNMI, if applying from CNMI.
• Are admissible to the United States or have a required waiver.

Occupation restriction

CW-1 workers generally cannot work in construction and extraction occupations.

This restriction does not apply to qualifying CW-1 long-term workers.

Employer Eligibility and Obligations

The employer must:

• Obtain a DOL-approved temporary labor certification (TLC).
• Consider available U.S. workers for the position.
• Operate a legitimate CNMI business and participate in E-Verify.
• Offer employment terms consistent with its CNMI business.
• Comply with federal and CNMI employment requirements, including nondiscrimination, safety, and minimum wage rules.
• Pay reasonable transportation costs for an involuntarily dismissed worker before the authorized stay ends.
• File required semiannual reports.

Application Process

1. Obtain prevailing wage and temporary labor certification

The employer must first obtain a prevailing wage determination from DOL's National Prevailing Wage Center. The employer then applies for a DOL temporary labor certification.

The TLC confirms that sufficient qualified and available U.S. workers are not available and that employing the CW-1 worker will not adversely affect similarly employed U.S. workers.

TLC filing windows:

• New employment: Up to 120 calendar days before the actual need date.
• Extension of stay: Up to 180 calendar days before current CW-1 status expires.

2. Employer files Form I-129CW

The employer files Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker, with:

• Required USCIS fees;
• The DOL-certified TLC; and
• Supporting evidence.

USCIS will reject Form I-129CW if it does not include an approved TLC.

All workers must be named in the petition. Multiple workers may be included only if they will have the same:

• Occupational category;
• Employment terms and conditions;
• Employment period;
• Work location or locations; and
• Long-term or non-long-term worker classification.

3. Worker obtains visa or admission

After petition approval, a worker outside the United States may apply for a CW-1 visa at a U.S. embassy or consulate if required. The worker must then apply to U.S. Customs and Border Protection for admission in CW-1 status.

For many CNMI direct-grant cases, USCIS directs the beneficiary to the Saipan USCIS Application Support Center for fingerprints and a photograph.

The approval notice states whether:

• CW-1 status was granted in CNMI, with Form I-94 attached; or
• The worker must seek consular visa processing.

Stay and Extensions

CW status is generally valid for up to one year and may be extended for a total of three years.

CW-1 workers and CW-2 dependents may be admitted for:

• The petition validity period;
• Up to 10 days before it begins; and
• Up to 10 days after it ends.

A CW-2 dependent's status expires on the same date as the principal CW-1 worker's status. A dependent may file Form I-539 to extend status when the principal's status is extended.

10-day admission requirement

A beneficiary outside CNMI, or approved for consular processing, must apply for admission within 10 days after the petition validity period begins.

Failure to do so may result in petition revocation proceedings. USCIS may consider travel delays and disruptions in exercising discretion.

Long-Term Workers

A beneficiary may qualify as a CW-1 long-term worker if they were admitted to CNMI or granted CW-1 status during fiscal year 2015 and every subsequent fiscal year through fiscal year 2018.

The employer must request long-term worker classification on Form I-129CW and provide supporting evidence, such as:

• Form I-94 records; or
• USCIS approval notices.

Long-term workers:

• May work in construction and extraction occupations.
• May receive validity of up to three years, through the transition period.
• Remain subject to the annual CW-1 cap.
• Are exempt from the temporary departure requirement.

Only other qualifying long-term workers may be included on a long-term worker petition.

Changing Employers or Ending Employment

Change of employer

A CW-1 worker may change employers if the prospective employer files a proper CW-1 petition requesting an extension of stay before the worker's authorized stay expires, and:

• The petition is nonfrivolous; and
• The worker has not engaged in unauthorized U.S. employment since lawful admission.

The worker may continue employment while the new petition is pending. Work authorization ends if USCIS denies the petition.

Each employer must file a separate petition and pay separate fees if the worker will work for more than one employer.

Termination

A worker does not violate CW-1 status solely because employment ends if, within 30 days of termination:

1. The worker obtains new employment; and
2. A new employer files a petition.

The new employer must file within the 30-day period. The worker may begin work for the new employer only after that employer files the petition.

If no petition is filed within 30 days, the worker must leave CNMI and becomes out of status from the termination date. A later petition requires approval and a CW visa from a consulate outside CNMI before returning for new employment.

Temporary Departure Requirement

After three consecutive petition validity periods, a worker generally must depart the United States, including CNMI, for at least 30 continuous days before a new CW-1 petition may be filed.

The 30-day period must occur after the third petition validity period expires.

A change of employer does not reset the three-period count.

This requirement does not apply to qualifying CW-1 long-term workers or CW-2 dependents.

USCIS applies this rule only when counting petitions approved with starting validity dates on or after June 18, 2020.

Travel Restrictions

CW-1 and CW-2 status applies only in CNMI.

Entry, employment, or residence elsewhere in the United States, including Guam, requires the appropriate visa or visa waiver and nonimmigrant classification. Traveling or attempting to travel elsewhere in the United States without appropriate authorization may violate CW status.

A worker or dependent may travel between CNMI and a foreign place through a direct Guam transit without violating status, if the itinerary includes only a Guam stopover or connection and no other U.S. location.

During direct Guam transit, temporary departure from the airport is allowed only for travel-related purposes, such as an overnight hotel stay. Activities such as business or obtaining health care require advance permission to travel.

A person who travels abroad from CNMI needs a CW-1, CW-2, or other appropriate visa to be readmitted.

Semiannual Employer Reporting

An employer with an approved petition valid for six months or more must file Form I-129CWR, Semiannual Report for CW-1 Employers. The report certifies continued employment and payment under the approved petition.

Petition validity	Reporting requirement
Less than 6 months	No report required
6–12 months	One report at six months
More than 12 months	Report every six months

The filing window opens 30 days before and closes 30 days after each six-month anniversary of the petition validity start date.

No evidence is required when filing, but employers must retain supporting records for three years after the petition validity period ends.

The reporting obligation generally continues even if the worker:

• Was never admitted to CNMI;
• No longer works for the employer; or
• Subsequently changed status.

An employer must separately send USCIS a letter explaining why a worker is no longer employed.

USCIS may revoke approved petitions or deny future petitions for noncompliance. Late reports may be accepted. If USCIS revoked a petition for reporting noncompliance, all overdue reports must be filed before a new petition can be approved.

No Form I-129CWR is required if the employer withdraws the approved petition for all beneficiaries.

Family Members

A CW-1 worker's spouse and unmarried children under 18 may seek CW-2 classification.

Dependents in CNMI seeking a grant of CW-2 status may file Form I-539 concurrently with the employer's Form I-129CW. They must be lawfully present in CNMI when filing Form I-539.

CW-2 dependents cannot work in the United States.

Important Warnings

• The CW-1 program is scheduled to end on Dec. 31, 2029.
• CW-1 status is subject to an annual numerical cap.
• The worker must work only under the approved CW-1 petition.
• Construction and extraction work is generally prohibited unless the worker qualifies as long-term.
• Leaving CNMI for another U.S. location without appropriate authorization may violate CW status.
• A worker unable to meet the 30-day post-third-period departure requirement cannot receive another CW-1 grant until the requirement is met.