Do you need to know what the Form I-129CW to file a Petition for a Nonimmigrant Transitional Worker?
Here we will tell you everything you have to do to obtain this permit before the United States Citizenship and Immigration Services (USCIS, acronym in English).
This article works for you whether you are an employer or a worker. It only matters that you want to know what to do to work temporarily and temporarily in the Commonwealth of the Northern Mariana Islands (CNMI, for its acronym in English).
What is Form I-129CW like?
Know that Form I-129CW is used by an employer to request, through USCIS, an alien in the category CW-1, what is a Transitional Worker who can temporarily work in the Commonwealth of the Northern Mariana Islands (CNMI)
As you can see, it is a very specific model. For this reason, we specify the general eligibility requirements, both for employers and workers, which is the information that the form will ask for.
If you are an employer you must:
- Achieve the Temporary Labor Condition Certification (TLC) approved by the United States Department of Labor. DOL, for its acronym in English.
- Locate yourself in a legitimate company that participates in the E-Verify.
- Provide terms and conditions of employment consistent with CNMI employer companies.
- Comply with federal and CNMI employment requirements (anti-discrimination, occupational safety and minimum pay, etc.).
- Pay reasonable prices for transportation abroad for early and involuntary termination of employment.
- Carry out the semi-annual presentation of Form I-129CW reports.
It is important to clarify that an alien can be classified as a CW-1 nonimmigrant. This specification has a transition period that began on November 28, 2009 and its completion date is December 31, 2029.
We continue to specify the information on the form for you. If you are a worker, consider these punctualities:
- You are considered ineligible for other employment-based nonimmigrant status under US immigration law.
- If you enter CNMI to work, it will be using the foreign worker occupational category to complete the resident workforce.
- You will be considered the beneficiary of an application from a legitimate employer doing business with CNMI.
- You will not be able to be in another place in the United States that is not CNMI.
- You will be legal only at CNMI.
With the form you will indicate that you are a foreigner classified as a CW-1 nonimmigrant who cannot be hired in construction or extraction tasks.
You have the option of being a prospective employee if you file under the CW-1 Construction Worker Disaster Recovery Act, making it clear that you only:
- You will perform services for a construction contract or subcontract, repairs, or services to facilities directly related to or associated with recovery from a disaster or major emergency declared by the president.
- You will perform work under a contract or subcontract for construction, repairs, renovations, or services to facilities directly related to preparing for a future disaster or emergency.
How to fill it?
In order for you to successfully complete Form I-129CW, we recommend that you review the requirements carefully before completing and submitting your form.
Do not send original documents unless expressly and specifically requested in the instructions on the form.
If your language is not English, then keep in mind that you have to present the document in English (copies or original documents, if requested). As it is not just any service that you are hiring, you must attach the translator’s certification that certifies the translation from the foreign language into English.
You must provide the following documentation:
- One Supplement to the CW Classification of Form I-129CW per beneficiary, with the required testimony and supporting evidence.
- Various evidences that you are a full employer.
- A copy of the local or Commonwealth license for each employee stating the tasks of the occupation with which you fulfill.
- Record the publication of the job vacancy announcement on the website of the CNMI Labor Department.
- A duplicate of the Form I-94, Nonimmigrant Arrival / Departure Record, for you to obtain the change of status or extension of stay.
- It has proof that each employee maintained their status so they can choose to change to their desired status or extend their stay.
- Check that your worker remains eligible for an extension of stay.
- Make it clear that each employee remains eligible in the CW-1 classification, if they wish to obtain an extension of stay.
Please, it is important that you provide a duplicate copy of your Form I-129CW and all supporting documentation when you submit it.
Also, provide duplicate copies of all the documents you send to USCIS, so that they can respond to the Request for Evidence (RFE) or the Notice of Intent to Deny (NOID).
USCIS will not make copies of documents if you do not submit them..
Keep in mind that if you do not present the duplicate copies, you will cause a delay in the issuance of the visa abroad by the Department of State.
We advise you that when a foreign employee who has an approved I-129CW petition is admitted to CNMI, Customs and Border Protection (CBP) will be the authority responsible for establishing the period of stay documented in the Form. I-94, or as signed in the passport or travel document.
Now, if you verify that the expiration date of the Form I-94, or the date noted on the passport or travel document, ends before the validity period of the Form I-129CW, you must take certain actions.
Here are some of them:
- File in due time the request for extension of stay on behalf of the beneficiary or through a Form I-129CW.
- Submit the application for other immigration benefits that allow your foreign employee to remain at CNMI.
- If you don’t make the time in advance, take care, the foreign employee must leave CNMI.
If you have already seen the stay limitations of the nonimmigrant worker, you should see that any dependent family member who accompanied him or traveled to join the beneficiary, must:
- Request your extension of stay using a Form I-539, Request for Extension or Change of Nonimmigrant Status.
- Apply for some other immigration benefit with which they can stay in CNMI.
- Leave CNMI before the expiration date on your Form I-94 or the date noted on your passport or travel document.
Urgent: Priority processing service is not available for I-129CW filing.
What is it for?
With Form I-129CW, you will be able to obtain a USCIS permit for you to transfer to your company, a foreigner who is ineligible to work under another immigration classification based on employment.
Which means that this foreign employee will be able to work temporarily in the Commonwealth of the Northern Mariana Islands (CNMI) in the CW-1 category, as a CNMI Transitional Worker Only.
Eye. You should know that the CW-1 program is scheduled to end on December 31, 2029. Follow up and take your forecasts.
You need to know that the CW classification provides a method for you to make the transition from the old CNMI foreign worker system to the US immigration system.
We want to make it clear to you that the CW nonimmigrant classification is commonly known as:
- CW-1: A transitional worker only CNMI
- CW-2: Dependent on a CNMI-only transitional worker
Form I-129CW Fees
We also want to leave you here information about the rates of Form I-129CW.
The base rate is $ 460. You should also know that employers who file CW-1 petitions have to pay annually $ 200 for the CNMI education funds rate for each worker.
UPDATE: You should be aware that, as of July 25, 2018, employers applying for the CW-1 visa will pay a $ 50 fee for each request for fraud prevention and detection.
Include in your calculations the amount of $ 85 for the biometrics of each beneficiary, if they are present at the CMNI at the time they were granted CW-1 status.
You must accept one thing. If you send a payment you are agreeing to pay for a government service. So these are final services and are not refundable. It does not matter what decision you make on the application or petition, or if you want to withdraw it.
What is Form I-129CW?
The Form I-129CW is used by an employer to ask USCIS for permission to bring in an alien who is ineligible to work under another employment-based immigration classification and is able to work temporarily in the Commonwealth of the Northern Mariana Islands (CNMI). English) in category CW-1, CNMI Transitional Worker Only.
It is good for you to know that all requests related to employment or services in the Commonwealth of Northern Mariana Islands (CNMI) must be submitted to the following address: California Service Center. PO Box 10698. Laguna Niguel, CA 92607-1098
If you want to deliver your request by courier or express mail, do it here: California Service Center. 2400 Avila Road. 2nd Floor, Room 2312. Laguna Niguel, CA 92677
When completing your Form I-129CW, please enter your CNMI PO box when they ask for a street or physical address.
You already know. Read the presentation instructions very well. And something fundamental: Do not forget to sign the form! The USCIS will reject any form that is not signed.
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