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Istruzioni per il modulo I-129CW, Petizione per un CNMI-Only Nonimmigrant Transitional Worker

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Instructions for Petition for a CNMI-Only  
Nonimmigrant Transitional Worker  
USCIS  
Form I-129CW  
OMB No. 1615-0111  
Expires 09/30/2024  
Department of Homeland Security  
U.S. Citizenship and Immigration Services  
Purpose of Form I-129CW  
This form is used by an employer to petition U.S. Citizenship and Immigration Services (USCIS) for an alien to come as a  
nonimmigrant to the Commonwealth of the Northern Mariana Islands (CNMI) temporarily to perform services or labor as  
a CNMI-Only Transitional Worker (CW-1 worker), who will enter or remain in the CNMI for the purpose of employment  
during the transition period, and is ineligible for another classification under the Immigration and Nationality Act (INA).  
This form is used also by an employer to request an extension of stay or change of status for a CW-1 worker.  
Form I-129CW consists of:  
1. Basic petition; and  
2. Additional Worker Attachment for Form I-129CW (required when more than one named beneficiary is included in the  
petition).  
Who May File Form I-129CW?  
General. An employer may file this petition to classify an alien as a CW-1 Worker. In order to obtain the  
status, the worker must either be lawfully present in the CNMI, or must be coming from abroad to the CNMI  
with a CW-1 visa. The worker cannot be present in the United States, other than in the CNMI.  
General Instructions  
USCIS provides forms free of charge through the USCIS website. In order to view, print, or fill out our forms, you should  
use the latest version of Adobe Reader, which you can download for free at http://get.adobe.com/reader/. If you do not  
have Internet access, you may call the USCIS National Customer Service Center at 1-800-375-5283. For TTY (deaf or  
hard of hearing) call: 1-800-767-1833.  
Signature. Each petition must be properly signed and filed. For all signatures on this petition, USCIS will not accept  
a stamped or typewritten name in place of a signature. A legal guardian may also sign for a mentally incompetent  
person. If USCIS determines that the requisite signature on the request is not valid, USCIS will consider the request to  
be unsigned. USCIS will reject the request and return it. See 8 CFR section 103.2(a)(7). If USCIS accepts a request for  
adjudication and later determines that it has a deficient signature, USCIS will deny the request.  
Validity of Signatures. USCIS will consider a photocopied, faxed, or scanned copy of the original handwritten signature  
valid for filing purposes. The photocopy, fax, or scan must be of the original document containing the handwritten ink  
signature.  
Filing Fee. Each petition must be accompanied by the appropriate filing fee and biometric services fee (if applicable).  
(See the What Is the Filing Fee section of these Instructions.)  
Evidence. At the time of filing, you must submit all initial evidence required by statute, regulations and/or these  
Instructions with your petition, as applicable. If you fail to submit required initial evidence, USCIS may reject or deny  
your petition for failure to submit evidence or supporting documents in accordance with 8 CFR 103.2(b) and these  
Instructions.  
Form I-129CW Instructions 09/03/21  
Page 1 of 13  
Biometric Services Appointment. USCIS may require that the worker appear for an interview or provide biometrics  
(for example, fingerprints, photograph, and/or signature) at any time to verify the worker’s 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 petition. After USCIS receives your petition and  
ensures it is complete, we will inform the worker in writing if they need to attend a biometric services appointment. If an  
appointment is necessary, the notice will provide the worker the location of your local or designated USCIS Application  
Support Center (ASC) and the date and time of the appointment.  
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.  
NOTE: If you submit original documents when not required or requested by USCIS, your original documents may be  
immediately destroyed after we receive them.  
Translations. If you submit a document with information in a foreign language, you must also submit a full English  
translation. The translator must sign a certification that the English language translation is complete and accurate, and that  
he or she is competent to translate from the foreign language into English. The certification must include the translator’s  
signature. DHS recommends the certification contain the translator’s signature, printed name, the signature date, and the  
translator’s contact information.  
How To Fill Out Form I-129CW  
1. Type or print legibly in black ink.  
2. If you need extra space to complete any item within this petition, use the space provided in Part 10. Additional  
Information or attach a separate sheet of paper. Type or print your name and Alien Registration Number (A-Number)  
(if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer  
refers; and sign and date each sheet.  
3. Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been  
married and the question asks, “Provide the name of your current spouse”), type or print “N/A” unless otherwise  
directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many  
children do you have” or “How many times have you departed the United States”), type or print “None” unless  
otherwise directed.  
4. Part 7. Statement, Contact Information, Declaration, Certification, and Signature of the Petitioner or  
Authorized Signatory. Select the appropriate box to indicate whether you read this petition yourself or whether you  
had an interpreter assist you. If someone assisted you in completing the petition, select the box indicating that you  
used a preparer. Further, you must sign and date your petition and provide your daytime telephone number, mobile  
telephone number (if any), and email address (if any). Every petition MUST contain the signature of the petitioner  
(or parent or legal guardian, if applicable). A stamped or typewritten name in place of a signature is not acceptable.  
5. Part 8. Interpreter’s Contact Information, Certification, and Signature. If you used anyone as an interpreter to  
read the Instructions and questions on this petition to you in a language in which you are fluent, the interpreter must  
fill out this section; provide his or her name, the name and address of his or her business or organization (if any), his  
or her daytime telephone number, his or her mobile telephone number (if any), and his or her email address (if any).  
The interpreter must sign and date the petition.  
Form I-129CW Instructions 09/03/21  
Page 2 of 13  
6. Part 9. Contact Information, Declaration, and Signature of the Person Preparing this Petition, if Other Than  
the Petitioner. This section must contain the signature of the person who completed your petition, if other than  
you, the petitioner. If the same individual acted as your interpreter and your preparer, that person should complete  
both Part 8. and Part 9. If the person who completed this petition is associated with a business or organization,  
that person should complete the business or organization name and address information. Anyone who helped you  
complete this petition MUST sign and date the petition. A stamped or typewritten name in place of a signature is  
not acceptable. If the person who helped you prepare your petition is an attorney or accredited representative, he or  
she may be obliged to also submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited  
Representative, along with your petition.  
You should submit a duplicate copy of the petition and all supporting documentation. Failure to do so may result in  
delays in processing this petition or in visa processing abroad.  
We recommend that you print or save a copy of your completed petition to review in the future and for your  
records.  
Information About Form I-129CW  
The CW-1 classification always requires a petition.  
The petition must be filed by a U.S. or CNMI employer for services or labor to be performed in the CNMI. The employer  
must complete and sign the relevant sections of the petition and relevant attachments.  
A CW-1 Worker is an alien worker who will enter or remain in the CNMI for the purpose of employment during the  
transition period, and is ineligible for another classification under the INA. In order to obtain the status, the worker must  
either be lawfully present in the CNMI, or must be coming from abroad to the CNMI with a CW-1 visa. The worker  
cannot be present in the United States, other than in the CNMI.  
The CW-1 classification is only available during the transition period. The transition period is the period beginning on the  
transition program effective date, November 28, 2009, and ending on December 31, 2029.  
There is a numerical limitation (cap) on how many CW-1 workers may be admitted to the CNMI annually.  
The worker is lawfully present in the CNMI if the worker was lawfully admitted to the CNMI under the immigration  
laws of the CNMI prior to November 28, 2009 and is still within the authorized period of stay, or was lawfully admitted  
or paroled into the CNMI under federal immigration laws on or after 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 visa-free travel provision including but not limited  
to the parole program for certain visitors from Russia and the People’s Republic of China.  
The CW-1 employer must be a legitimate business. A legitimate business is a real, active, and operating commercial or  
entrepreneurial undertaking that produces services or goods for profit, or is a governmental, charitable, or other validly  
recognized nonprofit entity. The business must meet applicable legal requirements for doing business in the CNMI and  
have substantially complied with wage and hour laws, occupational safety and health requirements, nondiscrimination,  
and all other Federal, CNMI, and local requirements relating to employment during the five-year period immediately  
preceding the date of the petition, and continues to be in substantial compliance with such requirements. A business  
will not be considered legitimate if it engages directly or indirectly in, or knowingly benefits from, prostitution, human  
trafficking, or any other activity that is illegal under Federal, CNMI, or local law. The U.S. Secretary of Homeland  
Security will determine whether a business is legitimate.  
CW-1 Long-Term Worker. A CW-1 long-term worker is defined as “an alien who was admitted to the CNMI, or  
otherwise granted status, as a CW-1 nonimmigrant during fiscal year 2015, and during each of fiscal years 2016 through  
2018.” If you are requesting a long-term CW-1 worker, select “Yes” to Part 2., Item Number 6.a. and respond to Item  
Number 6.b.  
Form I-129CW Instructions 09/03/21  
Page 3 of 13  
NOTE: If you are requesting long-term CW-1 workers, you must also provide evidence showing that each worker  
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. Such evidence may be in the form of Form I-94 Arrival/Departure documents or USCIS  
approval notices.  
Validity Period. If eligible to be classified as a CW-1 long-term worker, a validity period of up to 3 years may be  
granted. All other CW-1 nonimmigrants may be granted a validity period of up to 1 year.  
Total number of workers. The total number of workers you request on a CW-1 petition must not exceed the number of  
workers approved by the Department of Labor on the temporary labor certification.  
Including more than one worker in a petition. You may include multiple workers who seek admission in the CW-1  
classification on the same petition provided you are requesting the same action for each, and all the workers will:  
1. Be working in the same occupational category;  
2. Be working under the same terms and conditions;  
3. Be employed for the same period of time; and  
4. Be employed in the same location(s).  
NOTE: Petitioners may not request regular CW-1 workers and long-term CW-1 workers on the same petition.  
Filing Multiple Petitions  
You generally may file one petition to request all of your CW-1 workers associated with one temporary labor certification.  
Even in cases where filing a separate petition is not required, it may still be advantageous to file more than one CW-1  
petition. This can occur when you petition for multiple workers, some of whom may not qualify for part or all of the  
validity period you request. This most frequently occurs when at least one worker is not eligible for the maximum amount  
of time. (See “Limitation of Stay” information below.)  
If we request additional evidence because of this situation, it may delay petition processing. Filing separate petitions for  
workers who are not affected by such considerations may enable you to quickly obtain some workers, if they are otherwise  
eligible, in the event that the petition for your other workers is delayed.  
If you decide to file more than one petition with the same temporary labor certification, you may do so if:  
1. Each petition is accompanied by a copy of the approved temporary labor certification; and  
2. The total number of beneficiaries on your petitions does not exceed the total number of workers approved by the U.S.  
Department of Labor on the temporary labor certification.  
Naming beneficiaries. All workers in a petition for CW-1 classification, an extension of stay, or change of status must be  
named in the petition. Unnamed beneficiaries are not permitted.  
Additional Worker Attachment for Form I-129CW. Include a separate Additional Worker Attachment to Form  
I-129CW for each additional worker when more than one worker is included in the petition. Do not include the person  
you named in Part 3. Worker Information on Form I-129CW. You must also submit the appropriate fee.  
NOTE: Part 6. Employer Attestation requires an attestation by the petitioning employer with the appropriate  
documentation. The authorizing official of the petitioning employer must complete, sign, and date the Employer  
Attestation. The attestation certifies, under penalty of perjury under the laws of the United States of America, that the  
contents of the attestation and the evidence submitted with it are true and correct for the worker included on the Form  
I-129CW and EVERY worker named in an Additional Worker Attachment. The attestation is subject to verification.  
Ten-Day Admission Requirement. If the worker is outside the CNMI or is approved for consular processing, he or she  
must apply for admission within 10 days after the beginning of the petition validity period.  
Form I-129CW Instructions 09/03/21  
Page 4 of 13  
Limitation of Stay. A worker (other than a CW-1 long-term worker) may not be granted CW-1 status beyond three  
consecutive petition validity periods unless the worker has departed and remained outside of the United States for a  
continuous period of at least 30 days after the expiration of the third petition validity period and before the filing of a new  
petition.  
Liability for Return Transportation. Under 8 CFR 214.2(w)(11), a petitioning employer is liable for the reasonable cost  
of return transportation for a CW-1 Worker who is dismissed before the end of the period of authorized employment.  
Governor’s Cap Reservation. USCIS sets aside a number of CW-1 permits for certain occupational categories per fiscal  
year, as recommended by the Governor of the CNMI. The reserved CW-1 numbers will be made available to eligible  
petitioners requesting such numbers for a fiscal year in order of filing until exhausted. See 8 CFR 214.2(w)(1)(x)(D)(2).  
Unused reserved numbers will not be available to other petitioners. USCIS publishes current information regarding the  
governor’s cap reservation on the website at www.uscis.gov and provides notice of changes via Federal Register Notice.  
E-Verify and CW-1 Petitions. Only employers who participate in good standing in the E-Verify program may file a  
Form I-129CW petition for a CW-1 worker. E-Verify is a web-based system that allows enrolled employers to confirm  
the eligibility of their employees to work in the United States. E-Verify employers verify the identity and employment  
eligibility of newly hired employees by electronically matching information provided by employees on the Form I-9,  
Employment Eligibility Verification, against records available to the Social Security Administration (SSA) and the  
Department of Homeland Security (DHS). Provide your E-Verify Company ID or Client Company ID. For more  
information on E-Verify visit www.e-verify.gov.  
See 8 CFR 274a.12(b)(21) for more information on this requirement.  
Initial Evidence  
The initial evidence listed below and the initial evidence listed under the instructions for an initial grant of status, a change  
of status, or an extension of stay must be included with a petition, as appropriate.  
Additionally, the petitioner must submit:  
1. For any petition requesting an employment start date on or after October 1, 2019, a single, valid temporary labor  
certification approved by the U.S. Department of Labor;  
2. Evidence showing that each beneficiary meets the minimum job requirements, if any, stated on the temporary labor  
certification;  
3. Evidence demonstrating that the petitioner meets the definition of an employer as defined by 8 CFR 214.2(w)(1)(iv),  
including but not limited to a copy of any written contract between you and the alien worker or a summary of the  
terms of the oral agreement under which the alien worker may be employed;  
4. Evidence that supports the elements in the attestation, Part 6. of Form I-129CW, to the extent available;  
5. A copy of any required Commonwealth or local license for an individual to fully perform or practice the duties of the  
occupation; and  
6. Evidence demonstrating that the petitioner has posted a job vacancy announcement for the proffered position on the  
CNMI Department of Labor website as required by CNMI law.  
Form I-129CW Instructions 09/03/21  
Page 5 of 13  
Initial Grant of CW-1 Status  
A worker who was admitted to the CNMI prior to November 28, 2009 may not currently hold a Federal nonimmigrant  
classification that permits a change of status. However, under the CNMI-Only Transitional Worker regulations the  
petitioner may in certain situations request that the alien be granted an initial CW-1 status in the CNMI. This will allow  
certain workers who were present in the CNMI prior to the transition date to be granted an initial CW-1 status without  
having to depart the CNMI. Additionally, a worker who is currently in parole status in the CNMI may also be granted an  
initial CW-1 status in the CNMI.  
A petition for a grant of initial CW-1 status for a worker currently in the CNMI whose lawful status is solely based upon  
a CNMI issued permit must have been filed on or before November 27, 2011. In addition to the initial evidence for the  
CW-1 classification, a petition requesting an initial grant of CW-1 status must be accompanied by evidence that each  
beneficiary is currently lawfully present in the CNMI.  
If you are requesting that the worker be granted initial CW-1 status in the CNMI, you must select Item Number 3.b. in  
Part 2., and select Item Number 4.a. in Part 2.  
NOTE: The worker’s dependent family members (generally, spouses and children under 21) should use Form I-539,  
Application to Change/Extend Nonimmigrant Status, to apply for an initial grant of CW-2 status.  
A worker present in the CNMI with an unexpired nonimmigrant classification (such as F-1 or H-2B) should file the  
petition requesting a Change of Status as discussed in the “Change of Status” section below.  
Change of Status  
A worker who was lawfully admitted to the CNMI under Federal immigration laws on or after the transition program  
effective date of November 28, 2009 and who currently holds an unexpired eligible nonimmigrant status may change  
status to CW-1 status with this petition.  
A nonimmigrant who must have a passport to be admitted must maintain a valid passport during his or her entire stay. If  
a required passport is not valid, include a full explanation with your petition. In addition to the initial evidence for CW-1  
classification, a petition requesting a change of status must be filed with:  
1. A copy of the worker’s Form I-94, Nonimmigrant Arrival/Departure Record, passport, travel document, or Form  
I-797;  
2. A copy of the worker’s last two pay stubs and most recent W-2, if applicable; and  
3. Evidence the worker continues to meet the licensing requirements for the profession or occupation, if applicable.  
NOTE: The worker’s dependent family members (generally, spouses and children under 21) should use Form I-539,  
Application to Change/Extend Nonimmigrant Status, to apply for a change of status.  
The following nonimmigrants are not eligible to change status:  
1. An alien admitted under a visa waiver program;  
2. An alien in transit (C) or in transit without a visa (TWOV);  
3. A crewman (D);  
4. A fiancé(e) (K-1) or his or her dependent (K-2);  
5. A spouse of a U.S. citizen (K-3) or his or her dependent (K-4);  
6. A J-1 exchange visitor who was admitted in J-1 status for the purpose of receiving graduate medical training; and  
7. A J-1 exchange visitor subject to the foreign residence requirement who has not received a waiver of that requirement.  
NOTE: If you are requesting a change of a Federal nonimmigrant status to that of CW-1 status, you must select Item  
Number 3.b. in Part 2., and select Item Number 4.b. in Part 2.  
Form I-129CW Instructions 09/03/21  
Page 6 of 13  
Extension of Stay  
A petition requesting an extension of stay for an employee in the CNMI may be filed only if the validity of the original  
petition has not expired. Requests for extensions of CW-1 status (other than CW-1 long-term workers) may be granted for  
periods up to 1 year until the end of the transition period, subject to the numerical limitation.  
A nonimmigrant who must have a passport to be admitted must maintain a valid passport during his or her entire stay. If a  
required passport is not valid, include a full explanation with your petition.  
In addition to the initial evidence for CW-1 classification, a petition requesting an extension of stay must be filed with:  
1. A copy of the worker’s Form I-94, Nonimmigrant Arrival/Departure Record, passport, travel document, or Form  
I-797;  
2. A copy of the worker’s last two pay stubs and most recent W-2, if applicable;  
3. Evidence that the worker or workers:  
A. Continuously maintained the terms and conditions of CW-1 status;  
B. Remains admissible to the United States;  
C. Remains eligible for CW-1 classification; and  
4. Evidence the worker continues to meet the licensing requirements for the profession or occupation, if applicable.  
NOTE: The worker’s dependent family members (generally, spouses and children under 21) should use Form I-539,  
Application to Change/Extend Nonimmigrant Status, to apply for an extension of status.  
See information above about limits on status under “Limitation of Stay.”  
Semiannual Report Requirement for All CW-1 Employers  
When Must the Form I-129CWR, Semiannual Report for CW-1 Employers be filed?  
If your petition is approved, you are required to file a Form I-129CWR, Semiannual Report for CW-1 Employers, to  
verify the continued employment and payment of the beneficiaries under the terms and conditions of this petition. You are  
required to file this semiannual certification as explained in the Instructions for the Form I-129CWR, Semiannual Report  
for CW-1 Employers. Failure to comply with the reporting requirement may be a basis for revocation of an approved  
petition or for denial of subsequent petitions filed by the employer.  
What documents must be retained? If your petition is approved, you are required to retain (keep) all documents and  
records in support of an approved petition, and any semiannual report including as explained in the Instructions for the  
Form I-129CWR, Semiannual Report for CW-1 Employers. Failure to comply with the retention requirement may be a  
basis for revocation of an approved petition or for denial of subsequent petitions you file.  
Worker Disclosure Requests. You are also required to provide copies of any written communication including petitions,  
forms, notices and attachments that has been exchanged between the employer and DOL, DHS, or any other Federal  
agency or department within 21 business days of receiving a written request from any former, current or prospective  
CW-1 worker. Failure to comply with this disclosure requirement may be a basis for revocation of an approved petition or  
for denial of subsequent petitions you file.  
Terminated Employment. If you no longer employ a current CW-1, you must send a letter to the office at which the  
CW-1 petition was filed explaining the basis on which the CW-1 is no longer employed. This letter may also include a  
request to withdraw the petition on behalf of that specific CW-1.  
Form I-129CW Instructions 09/03/21  
Page 7 of 13  
Filing Deadlines. USCIS will reject any petitions received after the respective cap for each fiscal year is reached. USCIS  
will also stop accepting petitions under this program on December 31, 2029 or after the cap for the first quarter of Fiscal  
Year 2030 is reached, whichever occurs first. Petitions not approved before December 31, 2029 will be denied and any  
fees will not be refunded. Petitioners should file the petition as early as possible to ensure adjudication prior to December  
31, 2029, as this is the expiration date of the CW program and all CW status.  
Other Instructions for Filling Out Form I-129CW  
Part 1. Information about the Employer Filing This Petition  
Item Numbers 1.a. - 1.c. Legal Name of Individual Petitioner or Sole Proprietor. If you are an individual employer  
or sole proprietor (someone who owns a business, but the business is not organized as a separate legal entity) filing this  
petition, complete Item Number 1.a. - 1.c. Legal Name of Individual Petitioner or Sole Proprietor. If you are a  
company or an organization filing this petition, also complete Item Number 3.a. Name of Employer/Organization.  
Item Numbers 4.a. - 4.f. Address of Petitioner. Provide the address of the petitioner’s primary office within the CNMI.  
The primary office address must not be the address of petitioner’s outside counsel or clients. Petitions filed with an  
address that is not the petitioner’s primary office address within the CNMI may be rejected or denied. This address may  
be a P.O. Box if you do not have a physical address (see Item Number 4.g.).  
Item Number 4.g. Employers Without a Physical Address. If you are only providing a P.O. Box in Item Numbers  
4.a. - 4.f. and do not have a physical address, provide a description of your location, such as “3 miles southwest of  
Anytown Post Office, near the water tower” and attach a map.  
Item Number 5. Trade Name or “Doing Business As” Name. If you are a company or an organization that is known  
by a different name than the one you provided in Item Number 3., provide your trade name or “doing business as” name.  
Item Numbers 7.a. - 7.c. Tax Payer Identification Numbers. Provide an Employer Identification Number (EIN),  
Individual Taxpayer Identification Number (ITIN), and/or U.S. Social Security Number (SSN), as applicable. Individual  
employers and sole proprietors must provide a U.S. Social Security Number.  
Item Numbers 9.a. - 9.c. E-Verify Information. You must provide the employer’s name as listed in E-Verify, along  
with the E-Verify Company Identification Number, or an E-Verify Client Company Identification Number in Part 1. Item  
Numbers 9.a. - 9.c. of Form I-129 CW.  
Part 2. Information About This Petition  
Item Numbers 1.a. - 1.f. Basis for Classification. Select only one of the following options:  
1.a. New employment. Select this box if the worker:  
(1) Is outside the United States and holds no classification;  
(2) Will begin employment in the United States for a new employer in a different nonimmigrant classification  
than the worker currently holds; or  
(3) Will work for the same employer but in a different nonimmigrant classification.  
NOTE: Do not select this box if the worker will work for the same employer in the same classification, but there  
is a material change in the terms and conditions of employment, training, or the worker’s eligibility as specified in  
the original approved petition. Select the box for Item Number 1.f., Amended Petition, instead.  
1.b. Continuation of previously approved employment without change with the same employer. Select this box  
if you are applying to continue the employment of the worker in the same nonimmigrant classification the worker  
currently holds and there has been no change to the employment.  
1.c. Change in previously approved employment. Select this box if you are notifying USCIS of a non-material  
change to the previously approved employment, such as a change in job title without a material change in job duties.  
Form I-129CW Instructions 09/03/21  
Page 8 of 13  
1.d. New concurrent employment. Select this box if you are applying for a worker to begin new employment with  
an additional employer in the same nonimmigrant classification the worker currently holds while the worker will  
continue working for his or her current employer in the same classification.  
1.e. Change of employer. Select this box if you are applying for a worker to begin employment working for a new  
employer in the same nonimmigrant classification that the worker currently holds.  
1.f. Amended petition. Select this box if you are applying to notify USCIS of a material change in the terms or  
conditions of employment, training, or the worker’s eligibility as specified in the original approved petition.  
Item Numbers 3.a. - 3.d. Requested Action. The following information explains the actions petitioners/employers may  
request on their petition. Select only one action.  
3.a. Notify the office listed in Part 4. so the beneficiary can seek a visa or admission. Select this box if the  
beneficiary is outside of the United States, or, if the beneficiary is currently in the United States, but he or she will  
leave the United States to obtain a visa/admission abroad.  
3.b. Change the status and extend the stay of a beneficiary who is now in the United States in another status.  
Select this box if the beneficiary is currently in the United States in a different nonimmigrant classification and is  
applying to change to a new nonimmigrant status.  
3.c. Extend the stay of a beneficiary who now holds this status. Select this box if the beneficiary is currently  
in the United States in a nonimmigrant classification and is requesting an extension of his or her stay in the same  
nonimmigrant classification.  
3.d. Amend the stay of a beneficiary who now holds this status. Select this box if the beneficiary is currently in  
the United States in the same nonimmigrant classification and you are notifying USCIS of any material changes in the  
terms and conditions of employment, or the beneficiary’s eligibility as specified in the original approved petition, but  
you are not seeking a change in previously approved validity dates.  
NOTE: When filing the petition, an employer may not include more than one requested action; doing so may result in  
delay of the petition.  
Part 3. Worker Information  
Item Number 13. Form I-94, Arrival/Departure Record. If U.S. Customs and Border Protection (CBP) or USCIS  
issued the beneficiary a Form I-94, Arrival/Departure Record, provide the beneficiary’s Form I-94 number and date that  
the beneficiary’s authorized period of stay expires or expired (as shown on the beneficiary’s Form I-94). The Form I-94  
number also is known as the Departure Number on some versions of Form I-94.  
NOTE: If the beneficiary was admitted to the United States by CBP at an airport or seaport after April 30, 2013, CBP  
may have issued an electronic Form I-94 instead of a paper Form I-94. The beneficiary may visit the CBP website at  
www.cbp.gov/i94 to obtain a paper version of an electronic Form I-94. CBP does not charge a fee for this service. Some  
travelers admitted to the United States at a land border, airport, or seaport, after April 30, 2013, with a passport or travel  
document, who were issued a paper Form I-94 by CBP, may also be able to obtain a replacement Form I-94 from the CBP  
website without charge. If the beneficiary cannot obtain the Form I-94 from the CBP website, it may be obtained by filing  
Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with USCIS. USCIS does  
charge a fee for this service. See the USCIS website at www.uscis.gov/I-102 for more information.  
Item Numbers 14.a. - 14.d. Passport and Travel Document Numbers. If the beneficiary used a passport or travel  
document to travel to the United States, enter either the passport or travel document information in the appropriate space  
on the petition, even if the passport or travel document is currently expired.  
Item Numbers 18.a. - 18.e. Beneficiary’s current residential CNMI address. You must provide the applicant’s  
current address if the applicant is in the CNMI. USCIS will use this address, unless otherwise updated through the AR-11  
process, to notify the beneficiary if USCIS denies a request to change status or extend stay submitted on Form I-129CW.  
Form I-129CW Instructions 09/03/21  
Page 9 of 13  
Part 4. Processing Information  
Item Numbers 9.a. - 9.b. Exempt Petition. If you are indicating that your petition is exempt from the CW-1 cap in Item  
Number 9.a. because the beneficiaries have been previously counted against the CW-1 cap in the same fiscal year, you  
must provide the receipt number for the previously approved petition in Item Number 9.b. USCIS will reject your Form  
I-129CW if the relevant numerical limitation has been reached and you have not properly indicated the beneficiaries are  
cap exempt. USCIS may deny your Form I-129CW if USCIS determines that beneficiaries you indicate as exempt from  
the cap are subject to the numerical limitation.  
Item Number 10. Governor’s Cap Reservation. Additional information is available above in the “Governor’s Cap  
Reservation” section of the Instructions. If you are indicating that your petition is eligible for the Governor’s Cap  
Reservation, this must be supported by the SOC code you provide in Part 5. Item Number 3. Also submit any additional  
evidence that establishes that your petition qualifies for the Governor’s Cap Reservation.  
Part 5. Basic Information About the Proposed Employment and Employer  
Item Number 3. SOC Code. You can obtain the Standard Occupational Classification (SOC) codes from DOL, Bureau  
of Labor Statistics at www.bls.gov/soc. Type or print the code from left to right, one digit in each of the six boxes.  
To determine whether the worker’s proposed employment qualifies for a CW-1 visa, USCIS will review the totality of the  
record, including the listed SOC code, Job Vacancy Announcement and any additional evidence submitted by the CW-1  
petitioner. USCIS may request additional information if the SOC code is blank or if the evidence submitted with the Form  
I-129CW does not establish that the proposed employment matches the SOC code listed on the petition. In determining  
whether the proposed employment matches the listed SOC code, USCIS will consider factors, including, but not limited  
to the job duties and responsibilities of the proposed employment, and any educational, experience, and/or training  
requirements.  
Part 6. Employer Attestation. The authorizing official of the petitioning employer must complete, sign, and date the  
Employer Attestation. The attestation certifies, under penalty of perjury under the laws of the United States of America,  
that the contents of the attestation are true and correct for the worker included on the Form I-129CW and every worker  
named in a Named Worker Attachment. The attestation is subject to verification.  
What Is the Filing Fee?  
The filing fee for Form I-129CW is $460.  
An employer filing Form I-129CW for a CW-1 worker must submit the $460 petition filing fee and a $50 fraud prevention  
and detection fee per petition. An additional $200 supplemental CNMI education fee per worker, per year is also required.  
For example, petitioners filing for a three-year validity period pay a supplemental CNMI education fee of $600 per  
worker.  
An additional biometric services fee of $85 per worker is required if the worker 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 worker about  
when and where to go for biometric services.  
NOTE: Fees are not refundable, regardless of any action USCIS takes on this petition. DO NOT MAIL CASH. You  
must submit all fees in the exact amounts.  
Payments by Checks or Money Orders  
Use the following guidelines when you prepare your checks or money orders for the Form I-129CW filing fee and  
biometric services fee:  
1. The checks or money orders must be drawn on a bank or other financial institution located in the United States and  
must be payable in U.S. currency; and  
Form I-129CW Instructions 09/03/21  
Page 10 of 13  
2. Make the checks or money orders payable to U.S. Department of Homeland Security.  
NOTE: Spell out U.S. Department of Homeland Security; do not use the initials “USDHS” or “DHS.”  
3. If you live outside the United States, contact the nearest U.S. Embassy or U.S. Consulate for instructions on the  
method of payment.  
Notice to Those Making Payment by Check. If you send USCIS a check, we will convert it into an electronic funds  
transfer (EFT). This means we will copy your check and use the account information on it to electronically debit your  
account for the amount of the check. The debit from your account will usually take 24 hours and your bank will show it  
on your regular account statement.  
You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS  
cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If your  
check is returned as unpayable, USCIS will re-submit the payment to the financial institution one time. If the check is  
returned as unpayable a second time, we will reject your petition and charge you a returned check fee.  
How To Check If the Fees Are Correct  
Form I-129 CW’s filing fee and biometric services fee are current as of the edition date in the lower left corner of this  
page. However, because USCIS fees change periodically, you can verify that the fees are correct by following one of the  
steps below.  
1. Visit the USCIS website at www.uscis.gov, select “FORMS,” and check the appropriate fee; or  
2. Call the USCIS National Customer Service Center at 1-800-375-5283 and ask for fee information. For TTY (deaf or  
hard of hearing) call: 1-800-767-1833.  
Fee Waiver  
You may be eligible for a fee waiver under 8 CFR 103.7(c). If you believe you are eligible for a fee waiver, complete  
Form I-912, Request for fee Waiver (or a written request), and submit it and any required evidence of your inability to pay  
the filing fee with this petition. You can review the fee waiver guidance at www.uscis.gov/feewaiver.  
NOTE: The fraud prevention and detection fee and the CNMI education funding fee cannot be waived.  
When To File?  
If you are submitting a petition to extend the employment of a worker already in CW-1 status, you may file up to 180 days  
before the expiration of current CW-1 petition but not before you have an approved temporary labor certification from the  
U.S. Department of Labor. If you are submitting a petition to employ a new worker, you may file up to 120 days before  
the employment start date but not before you have an approved temporary labor certification from the U.S. Department of  
Labor.  
Where To File?  
Please see our website at www.uscis.gov/I-129CW or call our National Customer Service Center at 1-800-375-5283 for  
the most current information about where to file this petition. For TTY (deaf or hard of hearing) call: 1-800-767-1833.  
Form I-129CW Instructions 09/03/21  
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Address Change  
A petitioner who is not a U.S. citizen must notify USCIS of his or her new address within 10 days of moving from his  
or her previous residence. For information on filing a change of address, go to the USCIS website at www.uscis.gov/  
addresschange or contact the USCIS National Customer Service Center at 1-800-375-5283. For TTY (deaf or hard of  
hearing) call: 1-800-767-1833.  
Processing Information  
You, the Petitioner, must have a United States address to file this petition (a P.O. box is acceptable).  
Initial Processing. Once USCIS accepts your petition, we will check it for completeness. If you do not completely fill  
out this petition, you will not establish a basis for your eligibility and USCIS may reject or deny your petition.  
Requests for More Information. We may request that you provide more information or evidence to support your  
petition. We may also request that you provide the originals of any copies you submit. If we request an original document  
from you, it will be returned to you after USCIS determines it no longer needs your original.  
Requests for Interview. We may request that you appear at a USCIS office for an interview based on your petition. At  
the time of any interview or other appearance at a USCIS office, we may require that you provide your biometrics to  
verify your identity and/or update background and security checks.  
Decision. The decision on Form I-129CW involves a determination of whether you have established eligibility for the  
immigration benefit you are seeking. USCIS will notify you of the decision in writing.  
USCIS Forms and Information  
To ensure you are using the latest version of this petition, visit the USCIS website at www.uscis.gov where you can obtain  
the latest USCIS forms and immigration-related information. If you do not have internet access, you may order USCIS  
forms by calling the USCIS Contact Center at 1-800-375-5283. The USCIS Contact Center provides information in  
English and Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833.  
Instead of waiting in line for assistance at your local USCIS office, you can schedule an appointment online at  
www.uscis.gov. Select “Make an Appointment” and follow the screen prompts to set up your appointment. Once you  
finish scheduling an appointment, the system will generate an appointment notice for you.  
Penalties  
If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-129CW, we  
will deny your Form I-129CW and may deny any other immigration benefit. In addition, you will face severe penalties  
provided by law and may be subject to criminal prosecution.  
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, the Consolidated and Further Continuing  
Appropriations Act, 2015, Public Law 113–235; the Northern Mariana Islands Economic Expansion Act,  
Public Law 115-53; and the Northern Mariana Islands U.S. Workforce Act of 2018 (the Workforce Act),  
Public Law 115-218 (all 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).  
Form I-129CW Instructions 09/03/21  
Page 12 of 13  
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-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.  
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 3.5 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, 5900 Capital Gateway Drive,  
Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No. 1615-0111. Do not mail your completed Form I-129CW  
to this address.  
Form I-129CW Instructions 09/03/21  
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