NonimmigrantCNMI onlyAnnual capEnds Dec 31, 2029Form I-129CW

CW-1 CNMI-Only Transitional Worker

Lets employers in the Northern Mariana Islands hire foreign workers who are not eligible for other work visas. The cap shrinks each year, and the program ends December 31, 2029.

Last reviewed Oct 1, 2026Sources: USCIS · eCFRReport an error

At a glance

Where valid: CNMI only (Saipan, Tinian, Rota and other islands)
Cap, FY 2027 (Oct 1, 2026 – Sept 30, 2027): 7,000
Petition validity: Up to 1 year (3 years for long-term workers)
Program end: December 31, 2029
Employer requirements: DOL temporary labor certification and E-Verify
Dependents: CW-2 spouse and children under 18; no work

Shrinking cap, fixed end date. Under the Northern Mariana Islands U.S. Workforce Act of 2018, the CW-1 cap falls from 8,000 in fiscal year 2026 to 7,000 in FY 2027, 6,000 in FY 2028, 5,000 in FY 2029 and 1,000 for the first quarter of FY 2030. The program ends December 31, 2029. A bill to extend it to December 31, 2039 or later (H.R. 9787) was introduced July 20, 2026 and, as of October 1, 2026, has only been referred to committee.

Overview

The CW-1 classification lets employers in the Commonwealth of the Northern Mariana Islands (CNMI) temporarily employ foreign workers who are not eligible for any other employment-based nonimmigrant status. It was created by the Consolidated Natural Resources Act of 2008 and extended and revised by the Northern Mariana Islands U.S. Workforce Act of 2018 (Public Law 115-218) (USCIS).

Before petitioning USCIS on Form I-129CW, the employer must get a temporary labor certification from the Department of Labor, which requires a prevailing wage determination and recruitment of U.S. workers. The employer must also use E-Verify. Construction and extraction occupations are excluded unless the worker is a “long-term worker,” meaning someone who held CW-1 status in fiscal years 2015 through 2018 (8 CFR 214.2(w)).

CW-1 status is valid only in the CNMI, and the worker may work only for the petitioning employer. Each fiscal year has a numerical limit, and the program is scheduled to end on December 31, 2029. After that, no one can be admitted in CW-1 or CW-2 status.

Who qualifies

The worker must

Be ineligible for any other employment-based nonimmigrant classification
Be coming to work in an occupational category designated as needing foreign workers
Not be present anywhere in the U.S. other than the CNMI, and be lawfully present if in the CNMI
Not work in a construction or extraction occupation (SOC 47-0000) unless a long-term worker
Be admissible or have a waiver

The employer must

Be a legitimate business doing business in the CNMI
Obtain a DOL temporary labor certification and consider all available U.S. workers
Participate in E-Verify and follow federal and CNMI employment laws
Pay reasonable return transportation costs if the worker is involuntarily dismissed
File a semiannual report (Form I-129CWR)

Duration & extensions

Petition validity	Up to 1 year; up to 3 years for long-term workers (8 CFR 214.2(w)(13))
Admission	Petition validity plus up to 10 days before and 10 days after
Extensions	Up to 1 year at a time (3 for long-term workers) until the program ends, subject to the cap
Departure rule	After 3 consecutive petition validity periods, a worker who is not a long-term worker must spend at least 30 days outside the U.S.
Program end	December 31, 2029

Fees

Amounts are from the USCIS fee schedule (G-1055, edition 10/01/26) and the Form I-129CW instructions.

Fee	Amount	Who pays	Notes
Form I-129CW filing fee	$1,015	Employer	Small employers and nonprofits pay $510; fee waiver possible for some petitioners.
Asylum Program Fee	$600	Employer	$300 for small employers; $0 for nonprofits.
CNMI education funding fee	$210 per worker per year	Employer	Charged for each year or partial year of requested validity; not waivable.
Fraud prevention and detection fee	$50 per petition	Employer	Not waivable.
Form I-129CWR semiannual report	$0	Employer	Required filing.
Form I-539 (CW-2 in the CNMI)	$470 paper / $420 online	Dependent	For CW-2 grants or extensions inside the CNMI.

Workers outside the CNMI also pay a consular visa application fee. Public Law 119-21 (signed July 4, 2025), section 100007, requires a Visa Integrity Fee of at least $250 when a nonimmigrant visa is issued. As of October 1, 2026, the State Department’s fee schedule (22 CFR 22.1) lists no Visa Integrity Fee and no implementing notice has been published in the Federal Register, so the amount actually collected at visa issuance should be confirmed with the consulate.

Processing time

FY 2027 cap: 7,000; Set by statute; see the USCIS cap page.
Filing window: 120 / 180 days; New petitions up to 120 days before the start date; extensions up to 180 days before the current petition expires, and in both cases only after DOL approves the labor certification (Form I-129CW instructions).

Key dates

October 1New fiscal year cap opens (FY 2027 began October 1, 2026)

Every 6 monthsEmployers with petitions approved for 6 months or more file Form I-129CWR around each 6-month anniversary of the petition start date

December 31, 2029CW program ends

CW-1 is not listed among the classifications eligible for premium processing. Regular processing times vary; check USCIS processing times.

Application steps

1
Prevailing wage and labor certification
Get a prevailing wage determination and apply to the Department of Labor for a CW-1 temporary labor certification, recruiting U.S. workers as required.
2
Enroll in E-Verify
The employer must take part in E-Verify.
3
File Form I-129CW
File with USCIS with the approved labor certification and fees, no more than 120 days before the start date (180 days before the current petition expires, for extensions).
4
Visa or grant of status
Workers outside the CNMI apply for a CW-1 visa as directed in the approval notice. For workers lawfully in the CNMI, the approved petition grants CW-1 status.
5
Work and report
The worker works only for the petitioner in the CNMI. The employer files semiannual reports.
6
Renew before expiration
Extend while the current petition is valid. After 3 consecutive periods, a worker who is not a long-term worker must spend 30 days outside the U.S.

Required documents

From the employer

Approved DOL temporary labor certification
Signed attestations (no displacement of U.S. workers, legitimate business, eligible employer)
Evidence of E-Verify participation and business legitimacy

About the worker

Passport and, if in the CNMI, proof of lawful presence
Evidence of qualifications for the position
For long-term workers: evidence of CW-1 status in fiscal years 2015–2018

Dependents & family

The spouse and minor children (under 18) of a CW-1 worker may hold CW-2 status for the same period. A child’s status ends at 18, and CW-2 status ends when the related CW-1 status ends.

CW-2 dependents are not authorized to work. In the CNMI, they apply on Form I-539, which cannot be approved until the CW-1 petition is approved.

Path to a green card

The State Department treats CW applicants as able to have dual intent (9 FAM 402.18). A filed or approved green card case does not by itself bar CW-1 status, but CW-1 does not lead to permanent residence.

Step 1

Separate petition

A green card requires a separate employment-based or family-based immigrant petition.

With the program ending December 31, 2029 under current law, workers and employers should plan for other statuses.

E-2C

CNMI-only investor

The CNMI’s parallel investor status, also ending in 2029.

H-2B

Temporary non-agricultural worker

Seasonal or temporary non-farm work across the U.S.

H-1B

Specialty occupation

For degree-level roles; CW-1 applicants must be ineligible for this.

EB-3

Skilled and other workers

Employer-sponsored green card route.

Common questions

What is the CW-1 cap this year?

7,000 for fiscal year 2027, which runs October 1, 2026 to September 30, 2027. It drops to 6,000 in FY 2028 and 5,000 in FY 2029.

When does the CW-1 program end?

December 31, 2029 under current law. A bill introduced July 20, 2026 (H.R. 9787) would extend it to at least December 31, 2039, but it has not been enacted as of October 1, 2026.

Can a CW-1 worker travel to Guam or the U.S. mainland?

CW-1 status is valid only in the CNMI. Guam may be used only for direct transit between the CNMI and a foreign place. Other travel requires a separate visa.

Can CW-1 be used for construction jobs?

Generally no. Construction and extraction occupations are excluded unless the worker is a long-term worker who held CW-1 status in fiscal years 2015 through 2018.

Can a CW-2 spouse work?

No. CW-2 spouses and children are not authorized to work.

Official sources

Recent changes

Aug 24, 2026
Court enjoins USCIS hold memos. In Red Eagle Law v. Edlow (N.D. Cal.), the court ordered USCIS to process applications from nationals of the countries covered by PM-602-0192 and PM-602-0194 in the normal course. USCIS said it will comply pending possible further review. Source ↗
Jun 5, 2026
Court vacates USCIS hold memos. In Dorcas v. USCIS (D.R.I.), the court vacated PM-602-0192, PM-602-0194 and PA-2025-26, with final judgment on June 11, 2026. Source ↗
Jan 1, 2026
Proclamation 10998 expands entry restrictions. Signed December 16, 2025 and effective January 1, 2026, it continues the June 2025 restrictions and adds more countries. Nationals of fully restricted countries are barred from entry on any visa unless an exception applies; for partially restricted countries, consular officers are told to shorten the validity of nonimmigrant visas other than B, F, M and J. Source ↗
Jan 1, 2026
USCIS hold on benefit requests expanded (PM-602-0194). Extends the December 2, 2025 hold (PM-602-0192) on final decisions for pending benefit requests, including extensions and changes of status, filed by nationals of countries named in the travel-restriction proclamations. The memo says the hold stays in place until the USCIS Director lifts or changes it. A federal court vacated this memo on June 5, 2026 (Dorcas v. USCIS, D.R.I.), and another court enjoined it on August 24, 2026 (Red Eagle Law v. Edlow, N.D. Cal.); USCIS says it is following both orders. Source ↗
Jul 4, 2025
Visa Integrity Fee enacted. Public Law 119-21 created a non-waivable Visa Integrity Fee of at least $250, due when a nonimmigrant visa is issued. As of October 1, 2026, the State Department’s fee schedule does not list it. Source ↗
Jun 9, 2025
Proclamation 10949 travel restrictions take effect. Signed June 4, 2025, it fully or partially suspended entry for nationals of 19 countries, effective June 9, 2025. Source ↗
Apr 1, 2024
New USCIS fee schedule and Asylum Program Fee. The USCIS fee rule published January 31, 2024 took effect April 1, 2024. It set separate Form I-129 fees for each classification, created reduced fees for small employers and nonprofits, and added an Asylum Program Fee to I-129 petitions. Source ↗

This page is general reference material compiled from the official sources above and is not legal advice. Eligibility depends on individual facts; rules and fees change, so confirm with the agency before you file. VisaTypes.com is not affiliated with USCIS, the Department of State or any government agency. Spotted an error? Tell us.