CW-1 Visa: CNMI-Only Transitional Worker Program

The CW-1 program started in 2009, when federal immigration law replaced the CNMI's own foreign worker permit system. It gives CNMI employers time to shift to a US-based workforce. The CNMI includes Saipan, Tinian, and Rota. See our Northern Mariana Islands page for local context.

A worker can get CW-1 status if they:

• Are not eligible for any other employment-based nonimmigrant status, such as H-2B or H-1B.
• Will work in the CNMI in an occupation designated as needing foreign workers.
• Have a petition from a legitimate CNMI employer.
• Are not in any other part of the US.
• Are lawfully present in the CNMI, if already there.
• Are admissible, or get a waiver.

Construction jobs: CW-1 workers generally can't work in construction and extraction occupations. The exception is "long-term workers" (see below).

1. Prevailing wage determination. Request one from the Department of Labor's National Prevailing Wage Center.
2. Temporary labor certification (TLC). Apply to the Department of Labor, which checks that no qualified US workers in the CNMI are available and that hiring won't hurt local wages. For new workers, file the TLC no more than 120 days before the start date. For extensions, file no more than 180 days before current status ends.
3. Form I-129CW. File with USCIS with the approved TLC and fees. USCIS rejects petitions filed without an approved TLC.
4. Ongoing duties. Use E-Verify, follow federal and CNMI labor laws, file the semiannual Form I-129CWR report, and pay return transport if the worker is dismissed early.

All CW-1 workers must be named in the petition. Several workers can share one petition if they have the same job, terms, dates, and location.

Congress sets a yearly limit on how many workers can get CW-1 status in each fiscal year (October 1 to September 30). Every worker counts toward the cap once per fiscal year, including long-term workers. When the cap is reached, USCIS stops accepting new petitions for that year. Check the USCIS CW-1 cap page for the current year's numbers and filing status before the employer files.

Long-term workers are people who held CW-1 status in every fiscal year from 2015 through 2018. They are also exempt from the construction ban.

Workers are admitted for the petition period plus up to 10 days before and after. If you are outside the CNMI, you must apply for admission within 10 days after the petition period starts, or the approval may be revoked.

• New employer: you can start with a new employer once it properly files a new petition and extension request before your stay ends, as long as you haven't worked without authorization.
• Job loss: you keep your status if a new employer files for you within 30 days of the job ending. Otherwise, you must leave the CNMI.
• Travel: CW-1 and CW-2 status only apply in the CNMI. Entering Guam or the rest of the US needs a different visa. Travel to other US areas, even in transit, can cause problems, so check before you book.

Your spouse and minor children can get CW-2 status. CW-2 family members cannot work. Their status ends when yours ends, and they extend by filing Form I-539 at the same time as your employer's extension.

Costs. The employer pays the Form I-129CW fees, which include a fraud fee and a CNMI education funding fee. See the I-129CW page and the fee schedule. Workers outside the CNMI who need a visa pay the State Department's visa fee. A $250 visa integrity fee, created by a 2025 law, is charged when a visa is issued. As of September 2026, consulates have rolled it out unevenly, so check your embassy's fee page.

After 2029. The program is set to end on December 31, 2029, unless Congress extends it. There is no CW-based green card. Workers who want to stay long term need another route, usually employer sponsorship through PERM and EB-3, or a family petition. Talk to a licensed immigration lawyer early.

• The employer files without an approved labor certification.
• The worker qualifies for another visa type, such as H-2B.
• The job is in construction and the worker isn't a long-term worker.
• The cap has been reached for the fiscal year.
• The worker has immigration or criminal issues. See visa denials and waivers.

Travel ban. Proclamation 10998 took effect on January 1, 2026, and has no end date. It limits visas for nationals of 39 countries: for 19 countries it suspends almost all visas, and for the other 20 it suspends immigrant visas plus B, F, M, and J visas. USCIS is also holding many pending cases from these countries for extra review. Check Travel ban status before you pay fees or book travel.