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status from within the CNMI, during the first 2 years of

Initial Evidence

the transition period, list current CNMI status in any

A CNMI-Only Transitional Worker (CW-1) is an alien worker

block requesting "Current Nonimmigrant Status". If an

who will enter or remain in the CNMI for the purpose of

I-94 Number has not been issued, list current CNMI

employment during the transition period, and is ineligible for

permit number in any block requesting the "I-94

another classification under the Act. In order to obtain the

Number" (write "CNMI" followed by the current CNMI

status, the worker must either be lawfully present in the

permit number).

CNMI, or must be coming from abroad to the CNMI with a

CW-1 visa. The alien cannot be present in the United States,

2. Complete one CW Classification Supplement to Form

other than in the CNMI.

I-129CW per beneficiary and submit with evidence, to the

extent available, that supports the elements in the

The CW-1 classification is only available during the transition

attestation.

period. The transition period is the period beginning on the

transition program effective date, November 28, 2009, and

3. Submit evidence demonstrating that the petitioner meets

ending on December 31, 2019, unless the CNMI-Only

the definition of an employer as defined by 8 CFR 214.2

Transitional Worker program is extended by the U.S.

(w)(1)(iii), including but not limited to a copy of any

Secretary of Labor.

written contract between you and the alien or a summary

of the terms of the oral agreement under which the alien

The alien is lawfully present in the CNMI if the alien was

may be employed; and

lawfully admitted to the CNMI under the immigration laws of

the CNMI prior to November 28, 2009 and is still within the

4. A copy of any required Commonwealth or local license for

authorized period of stay, or was lawfully admitted or paroled

an individual to fully perform or practice the duties of the

into the CNMI under federal immigration laws on or after

occupation.

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

CW-1 Classification Supplement

visa-free travel provision including but not limited to the

An employer seeking to classify an alien as a CW-1 CNMI-

parole program for certain visitors from Russia and the

Only Nonimmigrant Transitional Worker must file one

People's Republic of China).

supplement per beneficiary concurrently with Form I-129CW

Employers may file petitions until December 31, 2019.

and the appropriate fee. (See "What Is the Filing Fee?" for

However, the petitioner should file the petition as early as

additional information.)

possible to ensure adjudication prior to December 31, 2019 as

The CW Classification Supplement requires an attestation by

this is the expiration date of the CW program and all CW

the petitioning employer with the appropriate documentation.

status. When filing the petition, an employer may not include

The authorizing official of the petitioning employer must

more than one requested action on each petition (i.e. initial

complete, sign, and date the Employer Attestation. The

grant of CW-1 status, change of status, extension of status, or

attestation certifies, under penalty of perjury under the laws of

consular processing); doing so may result in delay of the

the United States of America, that the contents of the

petition.

attestation are true and correct. The attestation is subject to

The CW-1 employer must be a legitimate business. A

verification. Specifically, the attestation certifies the

legitimate business is a real, active, and operating commercial

following:

or entrepreneurial undertaking that produces goods or services

1. Qualified U.S workers are not available to fill the position;

for profit, or is a governmental, charitable, or other validly

recognized nonprofit entity. The business must meet

2. The employer is doing business as defined in 8 CFR

applicable legal requirements for doing business in the CNMI.

214.2(w)(1)(ii);

A business will not be considered legitimate if it engages

3. The employer is a legitimate business as defined in 8 CFR

directly or indirectly in prostitution, trafficking in minors, or

214.2(w)(1)(vi);

any other activity that is illegal under Federal or CNMI law.

The U.S. Secretary of Homeland Security will determine

4. The employer is an eligible employer as described in 8

whether a business is legitimate.

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

Basic Requirements.

An employer must file the petition.

worker;

The employer must:

1. Complete Form I-129CW, Petition for a CNMI-Only

5. The beneficiary meets the qualifications for the position;

Nonimmigrant Transitional Worker. Complete all parts

6. The beneficiary, if present in the CNMI, is lawfully

and make sure to write CW-1 in the requested

present in the CNMI;

classification block in Part 2. If requesting initial CW-1

Form I-129CW Instructions 12/23/16 N Page 2

Instructions For Form I-129cw - Petition For A Cnmi-Only Nonimmigrant Transitional Worker Page 2

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