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Final Rule Establishes Transitional Worker Classification for the CNMI
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September 7, 2011, U.S Citizenship and Immigration Services (USCIS) publishes a final rule that establishes a Transitional Worker non-immigrant visa classification (CW) for migrant workers in the Commonwealth of the Northern Mariana Islands (CNMI).
According to the final rule, employers in the CNMI are allowed to sponsor migrant workers, who are ineligible for other work based visas, to continue to live and work in the CNMI until the end of 2014.
CW status may be issued to foreign workers who are:
- Ineligible for a nonimmigrant or immigrant classification under the Immigration and Nationality Act (INA);
- 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.
In addition, an employer can petition for a CW worker if the employer:
- Is conducting a legitimate business (as defined in the final rule);
- 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.
The CW classification is only valid in the CNMI.
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