Instructions for Form I-129CWR, Semiannual Report for CW-1 Employers
Instructions for Semiannual Report for CW-1 Employers
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- I-129CWR, Semiannual Report for CW-1 Employers - Semiannual Report for CW-1 Employers
Instructions for Semiannual Report for
CW-1 Employers
USCIS
Form I-129CWR
OMB No. 1615-0111
Expires 09/30/2024
Department of Homeland Security
U.S. Citizenship and Immigration Services
Purpose of Form I-129CWR
Form I-129CWR, Semiannual Report for CW-1 Employers, is used by an employer of an approved Form I-129CW,
Petition for Commonwealth of Northern Mariana Islands (CNMI) Only Transitional Worker (CW-1), to verify the
continued employment and payment of each worker under the terms and conditions of the approved petition. During
the validity of the petition, employers are required to file this semiannual report with U.S. Citizenship and Immigration
Services (USCIS) every six months after the petition validity start date. Failure to comply with the reporting requirement
may be a basis for revocation of an approved petition or for denial of subsequent petitions by the employer.
Please file one Form I-129CWR per approved Form I-129CW. All workers included on the approved Form I-129CW
must be listed on Form I-129CWR, even if they no longer work for you.
Who Must File?
The employer who petitioned for the CW-1 worker, and whose petition has been approved for a validity period of six
months or more, must file this form to certify the continued employment and payment of each worker under the terms and
conditions of the approved petition.
When Must Form I-129CWR, Semiannual Report for CW-1 Employers, Be Filed?
Each employer whose petition has been approved for an employment start date on or after October 1, 2019, must file Form
I-129CWR, Semiannual Report for CW-1 Employers, with USCIS for each approved Form I-129CW petition according
to the timeframes indicated in the chart below. Employers must file this form no earlier than 30 days before and no later
than 30 days after the listed timeframes. Failure to file Form I-129CWR in a timely manner may result in the issuance of
a notice of intent to revoke and ultimately result in revocation of the approved petition.
If your approved CW-1 petition has a validity period
Then Form I-129CWR must be filed:
of:
6 months or less
Never - Form I-129CWR is not required.
6 months after the petition validity start date.
More than 6 months, up to 12 months
More than 12 months, up to 36 months
Every 6 months after the petition validity start date, up
to and including the sixth month preceding the petition
validity end date.
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 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.
Form I-129CWR Instructions 09/03/21
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Signature. Each form must be properly signed and filed. For all signatures on this form, 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 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.
Retention of Evidence. At the time of filing, you are not required to submit evidence or supporting documentation.
However, this form contains an attestation of compliance in which you affirm, under penalty of perjury, the continuing
employment and payment of the CW-1 worker under the terms and conditions set forth in approved petition. You
must retain documents and records until the date that is three years after the ending date of the petition validity period.
Evidence and records you must retain include, but are not limited to: personnel records for each foreign national worker
including the name, address of current residence in the Commonwealth, age, domicile, citizenship, point of hire, and
approved employment contract termination date; payroll records for each foreign national worker including the O*NET
job classification; wage rate or salary, number of hours worked each week, gross compensation, itemized deductions, and
evidence of net payments made and received biweekly; and direct evidence of payment of wages and overtime, such as
receipts for cash payments, cancelled checks or deposit records. You must provide the documents and records supporting
each statement on this form to the Department of Homeland Security (DHS) and Department of Labor (DOL) upon
request. If you fail to retain or submit requested evidence during the designated reporting and retention period, USCIS
may revoke your petition under 8 CFR 214.2(w)(27) or deny subsequent petitions.
Translations. If DHS requests documents during the retention period, and 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, printed name, the signature date, and the translator’s
contact information.
How To Fill Out Form I-129CWR
1. Type or print legibly in black ink.
2. If you need extra space to complete any item within this form, use the space provided in Part 8. Additional
Information or attach separate sheets of paper; type or print the name of the employer 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, type or print “N/A,” unless otherwise
directed. If your answer to a question which requires a numeric response is zero or none, type or print “None,” unless
otherwise directed.
4. Part 1. Information About the Employer
Item Numbers 1. and 2. 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 form, complete Item Numbers 1.a. - 1.d. If you are a
company or an organization filing this form, complete Item Number 2.
Item Numbers 3.a. - 3.g. Provide the physical address information requested in Item Numbers 3.a. - 3.f., as
applicable. If your place of business does not have a physical address, provide a description of the location in Item
Number 3.g. (for example: “3 miles southwest of Anytown Post Office, near the water tower”) and include a map
with your Form I-129CWR.
Form I-129CWR Instructions 09/03/21
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Item Number 4. 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 2., provide your trade name or “doing business
as” name.
Item Numbers 5.a - 5.c. Employer’s Contact Information. Provide the daytime telephone number, mobile phone
number, and email address (if any) for the employer.
Item Numbers 6.a - 6.c. Taxpayer Identification Numbers. Provide the Employer Identification Number (EIN),
Individual Taxpayer Identification Number (ITIN), or U.S. Social Security Number of the employer as applicable.
Individual employers and sole proprietors must provide a U.S. Social Security Number.
Item Number 7. USCIS Online Account Number (if any). If you have previously filed an application or petition
using the USCIS online filing system (previously called USCIS Electronic Immigration System (USCIS ELIS)),
provide the USCIS Online Account Number you were issued by the system. You can find your USCIS Online
Account Number by logging in to your account and going to the profile page. If you previously filed certain
applications or petitions on a paper form through a USCIS Lockbox facility, you may have received a USCIS Online
Account Access Notice issuing you a USCIS Online Account Number. You may find your USCIS Online Account
Number at the top of the notice. If you were issued a USCIS Online Account Number, enter it in the space provided.
The USCIS Online Account Number is not the same as an A-Number.
Items Numbers 8.a - 8.b. E-Verify Information. Provide the employer’s name as listed in E-Verify and either the
employer E-Verify Company Identification Number or a Valid E-Verify Client Company Identification Number.
5. Part 2. Reporting Information. For the approved Form I-129CW petition about which you are reporting, provide
the reporting period; receipt number; the total number of workers approved on the petition; and the total number of
such workers who are currently working for the Employer.
6. Part 3. Worker Information. For all Items Numbers in Part 3., provide the requested information about the worker
who was approved on Form I-129CW. If the approved Form I-129CW petition included more than one worker, use
the Additional Worker Attachment for Form I-129CWR to provide the information for each additional worker.
Item Numbers 6.a. - 6.b. (and Item Numbers 8.a. - 8.b. on Additional Worker Attachment for Form I-129CWR).
If the approved worker is no longer working for the employer named in Part 1., select “No” and provide an
explanation. You still have an obligation to send a letter to the USCIS office at which the CW-1 petition was filed
explaining the basis on which the specific CW-1 nonimmigrant is no longer working for you, separate from your
obligation to file Form I-129CWR.
7. Part 4. Attestation for Employers of the CNMI–Only Transitional Worker (CW-1) Nonimmigrant Worker(s).
Read statements 1. through 8.; your signature in Part 5. of this form constitutes your certification that all statements
are true and correct.
8. Part 5. Statement, Contact Information, Certification, and Signature of the Employer or Authorized Signatory.
Select the appropriate box to indicate whether you read this application yourself or whether you had an interpreter
assist you. If someone assisted you in completing the form, select the box indicating that you used a preparer.
Further, you must sign and date your form and provide your title or position held within the employer, daytime
telephone number, mobile telephone number (if any), and email address (if any). Every form MUST contain the
signature of the authorized individual. A stamped or typewritten name in place of a signature is not acceptable.
9. Part 6. Interpreter’s Contact Information, Certification, and Signature. If you used anyone as an interpreter to
read the Instructions and questions on this form 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 form.
Form I-129CWR Instructions 09/03/21
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10. Part 7. Contact Information, Declaration, and Signature of the Person Preparing this Certification, if Other
Than the Authorized Individual. This section must contain the signature of the person who completed this form, if
other than the employer or petitioner. If the same individual acted as your interpreter and your preparer, that person
should complete both Part 6. and Part 7. If the person who completed this form 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 form MUST sign and date the form. A stamped or typewritten name in place of a signature
is not acceptable. If the person who helped you prepare your form is an attorney or accredited representative whose
representation extends beyond preparation of this form, he or she also need to submit a completed Form G-28, Notice
of Entry of Appearance as Attorney or Accredited Representative, along with your form.
We recommend that you print or save a copy of your completed petition to review in the future and for your
records.
What Is the Filing Fee?
There is no filing fee for this form.
Where To File?
Please visit our website at www.uscis.gov/I-129CWR or call the USCIS Contact Center at 1-800-375-5283 for the most
current information about where to file this application. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Address Change
You must notify USCIS of any change to the mailing address of the employer. For information on filing a change of
address, go to the USCIS website at www.uscis.gov/addresschange or contact the USCIS Contact Center at
1-800-375-5283. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
USCIS Forms and Information
To ensure you are using the latest version of this form, 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 “Schedule 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-129CWR,
we may revoke the related petition. In addition, you will face severe penalties provided by law and may be subject to
criminal prosecution.
Form I-129CWR Instructions 09/03/21
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USCIS Compliance Review and Monitoring
By signing this form, you have stated under penalty of perjury (28 U.S.C. section 1746) that all information and
documentation submitted with this form are complete, true and correct. You have also authorized the release of any
information from the records associated with the employer, that USCIS may need to determine the employer’s continued
eligibility for filing for CW-1 workers, and you have consented to USCIS verifying such information.
DHS has the authority to verify any information you submit to establish eligibility for petitioning for a CNMI CW-1
transitional workers at any time. USCIS’ legal authority to verify this information is in the Northern Mariana Islands U.S.
Workforce Act of 2018 (the Workforce Act), Pub. L. 115-218. To ensure compliance with applicable laws and authorities,
USCIS may verify information before or after this form is decided.
Agency verification methods may include, but are not limited to: review of public records and information; contact via
written correspondence, the Internet, facsimile, other electronic transmission, or telephone; unannounced physical site
inspections of residences and locations of employment; and interviews. USCIS will use information obtained through
verification to assess your compliance with the laws and to determine continued eligibility for filing for CW-1 workers.
Subject to the restrictions under 8 CFR 103.2(b)(16) USCIS will provide you with an opportunity to address any
adverse or derogatory information that may result from a USCIS compliance review, verification, or site visit after a
formal decision is made on this form or after the agency has initiated an adverse action that may result in revocation or
termination of an approval.
DHS Privacy Notice
AUTHORITIES: The information requested on this form, and the associated evidence, is collected under the Northern
Mariana Islands U.S. Workforce Act of 2018 (the Workforce Act), Public Law 115-218 (codified in 48 U.S.C. section
1806(d)) and the Immigration and Nationality Act, sections 101, 103, 264, 214 (as amended).
PURPOSE: The primary purpose for providing the requested information on this form is to verify the continued
employment and payment of the worker under the terms and conditions of the approved I-129CW petition. DHS uses
the information to verify the continued employment and payment of each worker under the terms and conditions of the
approved petition. Failure to comply with the terms and conditions of the approved petition could result in the revocation
of the petition.
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 result in revocation of your
approved petition.
ROUTINE USES: DHS may share the information you provide on this form 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-016(a)
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.
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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 2.5 hours per response, including the time for reviewing
instructions, gathering the required documentation and information, completing and submitting the form, preparing
statements, and attaching necessary documentation. 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, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop #2140,
Camp Springs, MD 20588-0009; OMB No. 1615-0111. Do not mail your completed Form I-129CWR to this address.
Form I-129CWR Instructions 09/03/21
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