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

**ALERT**: On Jan. 31, 2024, we published a final rule in the Federal Register that adjusts the fees required for most immigration applications and petitions. The new fees will be effective April 1, 2024.  

Applications and petitions postmarked on or after April 1, 2024, must include the new fees or we will not accept them. 

**There will be no grace period**for filing the new version of Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker, because it must be revised with a new fee calculation. 

**What to Know About Sending Us Your Form I-129CW**

Please keep in mind the following information about Form I-129CW editions:
                        - We will accept the 09/03/21 edition of this form if it is postmarked  before  April 1, 2024;
                        - We will not accept the 09/03/21 edition of this form if it is postmarked  on  or  after  April 1, 2024; and
                        - We will accept only the 04/01/24 edition of this form if it is postmarked  on  or  after  April 1, 2024. 

Dates are listed in mm/dd/yy format.

An employer uses this form to petition for a noncitizen employee who is ineligible for another employment-based nonimmigrant classification to work as a nonimmigrant in the Commonwealth of the Northern Mariana Islands (CNMI) temporarily as a CW-1, CNMI-only transitional worker.

## Forms and Document Downloads

Form I-129CW  (PDF, 731.19 KB)

Instructions for Form I-129CW  (PDF, 304.39 KB)

## Form Details

04/01/24. Starting April 1, 2024, we will only accept the 04/01/24 edition.  There will be no grace period for filing the new version of Form I-129CW because it must be revised with a new fee calculation. We will accept the 09/03/21 edition of this form if it is postmarked before April 1, 2024; We will not accept the 09/03/21 edition of this form if it is postmarked on or after April 1, 2024; and We will only accept the 04/01/24 edition of this form if it is postmarked on or after April 1, 2024. You can find the edition date at the bottom of the page on the form and instructions. 

Dates are listed in mm/dd/yy format.

If you complete and print this form to mail it, make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same form edition. If any of the form’s pages are missing or are from a different form edition, we may reject your form.

If you need help downloading and printing forms, read our instructions. 

**U.S. Postal Service (USPS):**

USCIS Texas Service CenterAttn: I-129CW6046 N Belt Line Rd. STE 116Irving, TX 75038-0018

**FedEx, UPS, and DHL deliveries:**

USCIS Texas Service CenterAttn: I-129CW6046 N Belt Line Rd. STE 116Irving, TX 75038-0001

When completing Form I-129CW, please list your CNMI P.O. Box when asked for a street or physical address.See the filing instructions for more information.

You can find the filing fee for Form I-129CW by visiting our Fee Schedule page.  

The fee is effective for filings postmarked April 1, 2024, and later.

You can pay the fee with a money order, personal check, cashier’s check or pay by credit card or debit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.

**When you send a payment, you agree to pay for a government service. Filing fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request.**If you pay by credit card or debit card, you cannot later dispute the payment.

If you are submitting multiple forms, pay each filing fee separately. We are transitioning to electronically processing immigration benefit requests, which requires us to use multiple systems to process your package. We may reject your entire package if you submit a single, combined payment for multiple forms.

Please do not submit this checklist with your Form I-129CW. The checklist is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your form. **Do not send original documents unless specifically requested in the form instructions or applicable regulations.**

If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language into English.

**Did you provide the following?**
                    - A complete CW Classification Supplement to Form I-129CW per beneficiary/employee with the required attestation and evidence that supports the elements in the attestation (to the extent available);
                    - A single, valid temporary labor certification approved by the U.S. Department of Labor;
                    - Evidence demonstrating you meet the definition of an employer;
                    - Evidence showing that each beneficiary meets the minimum job requirements stated in the temporary labor certification at the time the certification application was filed (if applicable);
                    - A copy of the commonwealth or local license for each beneficiary/employee to fully perform or practice the duties of the occupation (if required);
                    - Evidence you have posted a job vacancy announcement for the position on the CNMI Department of Labor website;
                    - A copy of each beneficiary/employee’s Form I-94, Arrival-Departure Record, if seeking change of status or extension of stay;
                    - A copy of the worker’s last two pay stubs and most recent W-2, if applicable, if seeking a change of status or extension of stay;
                    - If requesting long-term CW-1 workers, evidence each beneficiary was admitted as a CW-1 during fiscal year 2015 (Oct. 1, 2014 - Sept. 30, 2015), and during every subsequent fiscal year through fiscal year 2018;
                    - Evidence each beneficiary/employee maintained status if seeking change of status or extension of stay;
                    - Evidence each beneficiary/employee remains admissible if seeking extension of stay; and
                    - Evidence each beneficiary/employee remains eligible for CW-1 classification, if seeking extension of stay.

**Filing Tips:**Review our Tips for Filing Forms by Mail page for information on how to ensure we will accept your form.

**Don’t forget to sign your form.** We will reject any unsigned form.

**Semiannual Report Requirement for CW-1 Employers**

All employers who petitioned for the CW-1 worker, and whose petition has been approved for a validity period of six months or more, must file a Form I-129CWR, Semiannual Report for CW-1 Employers, to certify the continued employment and payment of each worker under the terms and conditions of the approved petition. For more information, please see our I-129CWR, Semiannual Report for CW-1 Employers page.  

**Duplicate Copies**:

The beneficiary may need a visa from the U.S. Department of State if they are found ineligible for a grant of status or a change of status or an extension of stay, or if they travel outside the CNMI.

Please provide a duplicate copy of Form I-129CW and all supporting documentation at the time of filing. Additionally, please provide duplicate copies of all documents sent to USCIS in response to a Request for Evidence or Notice of Intent to Deny. The duplicate copies will be sent to the U.S. Department of State. **We will not make duplicate copies.**

Failure to submit duplicate copies may cause a delay in the U.S. Department of State issuing a visa abroad, if one is needed.

**Form I-94 Validity**:

When a noncitizen employee with an approved Form I-129CW petition is admitted to the CNMI, U.S. Customs and Border Protection grants the employee a period of stay documented on their Form I-94, Arrival/Departure Record, or as noted in the passport or travel document. 

If the expiration date on the granted Form I-94 ends before the end of Form I-129CW’s validity period (as shown on Form I-797, Notice of Action) one of the following must occur before the expiration date on their Form I-94 or as noted in the passport or travel document:
                    - A request for an extension of stay must be filed on behalf of the noncitizen employee using Form I-129CW;
                    - An application for some other immigration benefit that would allow the noncitizen employee to remain in the CNMI must be filed; or
                    - The noncitizen employee must depart from the CNMI.

If the noncitizen employee’s stay is limited as described above, any dependent family members who accompanied or followed to join the employee must also:
                    - Request an extension of stay using Form I-539, Application To Extend/Change Nonimmigrant Status;
                    - Apply for some other immigration benefit that would allow them to remain in the CNMI; or
                    - Leave the CNMI before the expiration date on their Form I-94 or the date noted in their passport or travel document.

Premium Processing Service is not available for Form I-129CW filings.

                      - CW-1: CNMI-Only Transitional Worker
                      - New Law Extends CNMI CW-1 Program, Mandates New Fraud Fee, and Will Require E-Verify Participation
                      - I-129CWR, Semiannual Report for CW-1 Employers 
                      - USCIS Policy Update on CW-1 Departure Requirement 

04/01/2024

0 / 2000To protect your privacy, please do not include any personal information in your feedback. Review our Privacy Policy.