Procedure for Obtaining CW-1 Visa


Because the CW visa is a unique case and inevitably many questions arose over the eligibility requirements and process for obtaining the visa, the USCIS has been very clear about the process for obtaining a CW visa in multiple scenarios. For more information on how to obtain a CW-1 visa, please click here to visit the USCIS web page.  Please keep in mind that all filings for employment or services in the CNMI, regardless of classification, are filed with the California Service Center.

The following is the application process for employers:

  1. If you are petitioning for one or more workers who are lawfully present in the CNMI with a federal nonimmigrant status, e.g., F-1 or H-1B, then you must submit a form I-129CW (Petition for a CNMI Only Non-Immigrant Transitional Worker) with the $325 application fee. You must also submit a mandatory “CNMI education funding fee” of $150 per beneficiary.

  2. If you are petitioning for one or more workers who are lawfully present in the CNMI with a CNMI permit or have parole authority granted by USCIS or CBP, then you must submit a Form I-129CW with the $325 application fee. You must also submit a mandatory “CNMI education funding fee” of $150 per beneficiary. Either you or the work must also submit an $85 biometrics fee if you are requesting a Grant of Status in the CNMI.

  3. If you are petitioning for one or more workers who are requesting consular processing abroad, then you must submit a Form I-120CW with the $325 application fee. You must also submit a mandatory “CNMI education funding fee” of $150 per beneficiary. Do not submit a biometrics fee. A biometrics fee may be required by the Department of State when the worker applies for his or her visa abroad.

  4. If you are requesting an extension of CW status for a nonimmigrant worker, then you must submit a Form I-129CW with the $325 application fee as well as the mandatory “CNMI education funding fee” of $150 per worker.

Application Process for Employees

The following is the application process for a foreign worker who has been living and working lawfully in the CNMI prior to applying for CW status:

  1. Your employer must submit a Form I-129CW (Petition for a CNMI-Only Non-Immigrant Transitional Worker) with the application fee, a mandatory $150 education fee, and supporting evidence certifying that the information provided about you, your employer and the job position is accurate and meets eligibility criteria.

  2. After your employer files the Form I-129CW, USCIS will contact your employer advising that you must go to the USCIS Application Support Center in TSL Plaza in Saipan to have your fingerprints and photograph taken. This will enable DHS to conduct the required security checks.

  3. If your Form I-129CW is approved, USCIS will mail an approval notice to your employer who should give you a copy of the document. The approval notice will indicate whether you have been granted CW-1 status in the CNMI (evidenced by an attached I-94 Arrival and Departure card) or whether you may proceed to a U.S. embassy or consulate abroad to seek visa processing for your CW-1 visa.

The following is the application process for a foreign national worker living abroad and seeking employment in the CNMI:

  1. Your employer must submit a Form I-129 CW (Petition for a CNMI-Only Non-Immigrant Transitional Worker) with the application fee, a mandatory $150 education fee, and supporting evidence certifying that the information provided about you, your employer and the job position is accurate and meets eligibility requirements.

  2. If the petition is approved, USCIS will mail an approval notice to your employer showing that the petition for CW-1 classification has been approved. Your employer will need to send you the original approval notice at your address abroad.

  3. After you receive the approval notice you will need to make an appointment for a nonimmigrant visa interview at the U.S. consulate or embassy nearest you.

Application Process for CW-1 Dependents (CW-2)

  1. If you obtain CW-1 status, either by admission to the CNMI with a CW-1 visa or after receiving an approval notice with an attached I-94, and your dependents are lawfully present in the CNMI,then they may file:

    1. An Application to Change or Extend Status, Form I-539,

    2. The filing fee

    3. The biometric services fee,

    4. And documentation of your admission to the CNMI in the CW-1 classification

If the Form I-539 is approved, USCIS will send your beneficiaries an approval notice with an I-94 as evidence of the approved Form I-539.

  1. If you obtain CW-1 status, either by admission to the CNMI with a CW-1 visa or after receiving an approval notice with attached I-94, and your dependents are abroad, then they may apply for a CW-2 visa at a U.S. consulate or embassy abroad.

  2. If you are requesting consular processing of your CW-1 status a U.S. consulate or embassy abroad, and your dependents are abroad, then they may also apply for CW-2 visas at the same time.

Changing Employers

If you are on CW-1 status and wish to change employers, please be aware that an unauthorized change of employment to a new employer will be viewed by the USCIS as a failure to maintain valid CW-1 status. You may change employers as long as the correct procedure is followed. Your prospective new employer must file a petition requesting new CW-1 status for you, as well as an extension (if necessary) for the validity period of the new petition.

Please keep in mind that even if you do not change employers, but there are any material changes in the terms and conditions of your employment, then you (the petitioner) must file an amended or new petition with the USCIS to reflect those changes in order to maintain valid CW-1 status.

For more detailed information on CW-1 visa, please click on one of the following topics: