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Business Immigration

Clarification of CW-1 Visa Requirements

By October 30, 2022November 17th, 2022No Comments

USCIS updated its August 25th, 2020, guideline addressing the necessity for holders of CNMI-Only Transitional Worker (CW-1) visas to depart the country for at least thirty days following two renewals. If the accepted CW-1 petitions have a commencing validity date on or after June 18th, 2020, USCIS will, starting on October 27, 2022, only review it as a consecutive petition.

Employers in the Commonwealth of the Northern Mariana Islands (CNMI) may petition for authorization to hire immigrants who are otherwise unable to work under other nonimmigrant worker categories under the CNMI-Only Transitional Worker (CW-1) visa classification. The CW classification offers a way to move from the previous CNMI foreign worker permits process to the U.S. immigration system.

Some of the CW-1 Visa requirements include one legitimate temporary labor certification (TLC) that has been granted by the U.S. Department of Labor (DOL) with the necessary documentation communicating that each immigrant meets the minimal employment criteria. Any CW-1 petition submitted to USCIS without the approved DOL TLC and with an employment start date on or after October 1, 2019, would not be accepted. In addition, A Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker, with the application fee, several other fees, and additional evidence stating that the details submitted are accurate and adhere to the requirements.

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