I-129CW: Petition for a CNMI-Only Nonimmigrant Transitional Worker

What is a Form I-129CW?

Form I-129CW is a form used by U.S. employers to file for a petition to bring an alien worker to the United States temporarily in a specialty occupation. This form is typically completed when an employer wishes to employ a foreign worker who holds an H-1B visa. The purpose of this form is to demonstrate that the employer has the capability and ability to employ the foreign worker.

Who is Eligible for Form I-129CW?

Form I-129CW is a petition for a nonimmigrant worker in a Commonwealth of the Northern Mariana Islands (CNMI)-only transitional worker classification. The petitioner must be an employer or an authorized agent of the employer located in the CNMI, and the beneficiary must be a foreign national who is eligible for CNMI-only transitional worker status.

What is the Latest Form I-129CW Edition?

The latest edition of Form I-129CW is dated April 11th, 2021.

What are the Required Documents for Form I-129CW?

1) Proof of U.S. Citizenship or Lawful Alien Status: Copy of your U.S. passport, alien registration card, employment authorization card, etc.

2) Copy of your qualifying degree or experience: Copies of diplomas, transcripts, certifications, or other evidence of experience and qualifications that meet the job requirements;

3) Evidence of employer-employee relationship: Copies of employment contracts and/or offer letters establishing the relationship;

4) Proof of wages: Pay stubs and/or other documentation to prove that you are being paid at least the prevailing wage for the job;

5) Copy of Labor Condition Application (LCA): A copy of the LCA approved by the Department of Labor must accompany Form I-129CW; and

6) Receipt for filing fees: To cover the fees for filing Form I-129CW, you must submit a check or money order made payable to the Department of Homeland Security.

How to Submit Form I-129CW?

1. Gather the necessary documents. To submit Form I-129CW, you will need to provide documentation such as evidence of your workers’ employment authorization, proof that the workers have the necessary qualifications for the job, and proof that their proposed wages are consistent with those generally paid in the area for similar occupations.

2. Prepare your filing. Once you have all the documents required, complete Form I-129CW as accurately and thoroughly as possible.

3. Submit your filing. You can submit Form I-129CW to USCIS either by mail or electronically. If you choose to mail the form, address it to USCIS Dallas Lockbox Facility, P.O. Box 660867, Dallas, TX 75266. If you choose to file electronically, you can use USCIS’s e-filing system.

4. Pay the filing fee. You must pay a fee when submitting Form I-129CW. The current fee is $460 and should be paid by check or money order made payable to “U.S. Department of Homeland Security.”

5. Await a decision from USCIS. Once your application has been received and processed, USCIS will send you a notice with its decision on your application.

What are the Filing Tips for Form I-129CW?

1. Be sure to use the most current version of the Form I-129CW. The most recent version is available on the U.S. Citizenship and Immigration Services (USCIS) website.

2. Do not leave any questions unanswered. If a question does not apply to you, write “N/A” in the space provided.

3. Provide supporting documentation when requested. The required documents differ depending on your situation, so make sure to include only those documents listed in the appropriate section of the form.

4. Ensure that all documents are translated in English, if they are not already in English. All translations must be done by a competent translator or translation service.

5. Make sure to sign the form and all accompanying documents before sending it off to USCIS. Any unsigned forms can result in processing delays or even rejection of your application.

6. Submit two copies of the form, along with two copies of all supporting documents, when submitting your application to USCIS. If you do not submit two copies, your application may be delayed or rejected.

7. Include a check or money order for the appropriate filing fee with your application package when mailing it off to USCIS. The current filing fee for Form I-129CW can be found on the USCIS website or in the instructions included with the form.

8. Mail your application package to the address provided on the form instructions. This is typically the appropriate service center for your region, but make sure to double-check that you have the right address by checking with your local USCIS office or on the USCIS website.

Are There Special Instructions for Form I-129CW?

Yes, there are special instructions for Form I-129CW. First, make sure to read the instructions carefully and complete all required fields. Additionally, make sure to include supporting documents such as a copy of a valid passport and evidence of sufficient funds. Finally, be sure to sign your form and include the filing fee.

What is the Form I-129CW Fee?

The Form I-129CW fee is a $460 filing fee for employers when petitioning a foreign worker to work in the United States through the Conrad 30 Waiver Program.

Can I Apply for Form I-129CW Fee Waiver or Reduction?

No, you cannot apply for a fee waiver or reduction for Form I-129CW. The fee for Form I-129CW is not eligible for a fee waiver or reduction.

What is the Form I-129CW Processing Time?

The processing time for Form I-129CW depends on the specific service center that is processing the application. Generally, it takes about 3 to 5 months for processing.

Form I-129CW Frequently Asked Questions

1. What is Form I-129CW?
Form I-129CW is a petition used by employers to request a change or extension of nonimmigrant status for certain foreign nationals. It is used in conjunction with Form I-129, Petition for a Nonimmigrant Worker.

2. Who needs to file Form I-129CW?
Any employer who wishes to change or extend the nonimmigrant status of an employee must file Form I-129CW. If the employee is in the United States, the employer must also file Form I-129.

3. How long does it take to process a Form I-129CW petition?
It typically takes up to 8 weeks to process a Form I-129CW petition. However, processing times may vary depending on the case and individual circumstances.

4. What supporting documents must be included with a Form I-129CW petition?
When filing Form I-129CW, employers must include: evidence of employer’s business; the job description; and documentation that the foreign worker meets the requirements for the requested nonimmigrant status and classification.

5. How much does it cost to file a Form I-129CW petition?
The fee for filing Form I-129CW is $460. This fee must be paid when the form is submitted and is not refundable, regardless of whether or not the petition is approved.

6. What happens if my Form I-129CW petition is approved?
If your petition is approved, you will receive notice from U.S. Citizenship and Immigration Services (USCIS) that your employee’s nonimmigrant status has been changed or extended according to the terms of your petition. Your employee will then be able to continue living and working legally in the United States under the new terms of his or her nonimmigrant status.