USCIS has recently published a final rule that establishes a Transitional Worker (CW) classification for workers in the Commonwealth of the Northern Mariana Islands (CNMI). The CW classification allows employers in the CNMI to hire nonimmigrant workers who are otherwise ineligible to work. A limited number of CW visas are available each fiscal year and the numerical limitation for FY 2011 is 22,417 and for FY 2012 will be 22,416. The final rule also provides for the grant of derivative CW status to spouses and minor children of CW workers.
As per the rule, an employer may be eligible to petition for a CW worker if the employer:
And, as per the rule, a foreign worker may be eligible for CW status if he or she is:
- Is conducting a legitimate business;
- Has considered all available U.S. workers for the position;
- Offers terms and conditions of employment consistent with the nature of the employer’s business in the CNMI;
- Is complying with federal and CNMI employment requirements;
- Files a Form I-129CW, Petition for CNMI-Only Nonimmigrant Transitional Worker, and a CW-1 Classification Supplement with USCIS; and
- Submits the appropriate filing fees.
USCIS has clarified that the CW visa classification is valid only in the CNMI and provides no basis for travel or work in any other part of the United States, except for nationals of the Philippines who may travel between the Philippines and the CNMI through the Guam airport.
- Ineligible for a nonimmigrant or immigrant classification under the Immigration and Nationality Act;
- Entering or staying in the CNMI to work as a needed foreign national worker to supplement the resident workforce;
- The beneficiary of a petition filed by a legitimate employer who is doing business in the CNMI;
- Not present in the United States, other than the CNMI;
- Lawfully present in the CNMI or, if not present, intending to enter the CNMI with a visa; and
- Admissible to the United States or is granted any necessary waiver of a ground of inadmissibility.