CW-1Visa: Transitional Workers

Temporary Work Visas

The CNMI-Only Transitional Worker (CW-1) visa category allows employers in the CNMI to obtain permission to employ individuals who are ineligible for other nonimmigrant worker categories. This CW classification acts as a transition from the former CNMI foreign worker permit system to the U.S. immigration system.

The CW nonimmigrant classification is generally referred to as:

  • CW-1: CNMI-Only Transitional Worker
  • CW-2: Dependent of a CNMI-Only Transitional Worker

Requirements

Employers

To qualify, employers must:

Secure an approved temporary labor certification (TLC) from the U.S. Department of Labor (DOL) and consider all available U.S. workers for the job.

Operate a legitimate business and participate in the E-Verify program.

Provide employment terms that align with the nature of their business in the CNMI.

Adhere to all federal and CNMI employment regulations, including nondiscrimination, occupational safety, and minimum wage standards.

Cover reasonable transportation costs if a worker is dismissed before the authorized admission period ends.

Meet the semiannual reporting requirement by submitting Form I-129CWR, Semiannual Report for CW-1 Employers, on time.

Workers

Noncitizens may be classified as a CW-1 nonimmigrant if they:

  • Are ineligible for any other employment-based nonimmigrant status under U.S. immigration law.
  • Will enter or remain in the CNMI to work in an occupation identified as needing nonimmigrant workers to support the local workforce.
  • Are the beneficiary of a petition from a legitimate employer operating in the CNMI. Are not physically present in the United States, apart from the CNMI.
  • Are lawfully present in the CNMI if they are there.
  • Are admissible to the United States or have received any necessary waiver for grounds of inadmissibility.

Duration

CW status is typically issued for up to one year and may be extended for a maximum of three years. CW-1 workers and their dependents are allowed to stay for the length of the CW-1 petition’s validity, along with an extra 10 days before and after this timeframe.

The Process

  1. Obtain Temporary Labor Certification (TLC):
    Employers must get a prevailing wage determination (PWD) from the DOL’s National Prevailing Wage Center (NPWC) to apply for a TLC. This confirms there aren’t enough U.S. workers for the job and that hiring a CW-1 won’t harm U.S. wages or conditions.
  2. File Form I-129CW with USCIS:
    After securing the TLC, the employer must submit Form I-129CW, along with the TLC and fees, to USCIS. Applications without an approved TLC will be rejected.
  3. Workers Apply for Visa and Admission:
    Once Form I-129CW is approved, prospective CW-1 workers outside the U.S. can apply for a CW-1 visa at a U.S. Embassy or Consulate and must seek admission through U.S. Customs and Border Protection (CBP). If requesting direct status in the CNMI, USCIS will inform the employer about fingerprinting and photo requirements. The approval notice will clarify whether the worker has CW-1 status or needs to apply for a visa abroad. Employers can include multiple CW-1 workers in one petition if they share the same job category, terms, duration, and location.

Family Members

Any CW-1 worker’s spouse and unmarried children under 18 years of age may seek admission in CW-2 nonimmigrant classification. Family members are not eligible for employment in the United States while in CW-2 status.

Conclusion

The CW-1 visa effectively addresses labor shortages in the CNMI by allowing employers to hire foreign workers when local resources are lacking. It facilitates a transition to the U.S. immigration system while protecting U.S. workers’ wages and conditions. Benefits include family accompaniment, extended stays, and quicker processing, making it advantageous for both employers and workers. Overall, the CW-1 visa is essential for supporting the CNMI’s economic growth and the well-being of transitional workers. 

Experienced Attorneys at Your Side

 Hiring an Attorney for the CW-1 visa is essential due to the complexity of U.S. immigration laws, the need for accurate documentation, and understanding eligibility criteria.

At McFarling Cohen Fic & Squires, we provide legal representation for challenges, offer tailored advice, and keep clients updated on changing policies. Overall, their expertise enhances the chances of a successful application while reducing stress for both employers and workers.