I-129CW

Petition for a CNMI-Only Nonimmigrant Transitional Worker

Agency
USCIS
Revision
Edition 01/20/25
Fillable fields
354
Pages
12
Official source
USCIS form page
Checked
October 20, 2026
Fill I-129CW online
Page 1 of form I-129CW

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

Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker, is the form an employer uses to petition USCIS for an alien employee who is ineligible for another employment-based nonimmigrant classification to work temporarily in the Commonwealth of the Northern Mariana Islands (CNMI) as a CW-1, CNMI-only transitional worker. The instructions say the same form is used to request an extension of stay or change of status for a CW-1 worker.

The instructions say the CW-1 classification always requires a petition and is only available during the transition period, which runs from November 28, 2009, to December 31, 2029, with a numerical limit (cap) on CW-1 workers each year. Form I-129CW consists of the basic petition plus an Additional Worker Attachment for each additional named worker. According to the instructions, only employers who participate in good standing in the E-Verify program may file it.

Top of page 1 of Form I-129CW: Petition for a CNMI-Only Nonimmigrant Transitional Worker, as printed by USCIS

What's on Form I-129CW

Part 1: The employer

Name, primary office address in the CNMI or a location description with a map, trade name, contact details, taxpayer numbers, the nonprofit question, USCIS online account number and E-Verify information.

Part 2: Information about this petition

Basis for classification 1.a. to 1.f., prior petition receipt number, requested action 3.a. to 3.d., type of status change, total number of workers and the long-term CW-1 questions.

Part 3: Worker information

Names, birth details, A-Number, foreign address, last arrival and Form I-94, passport, current status, CNMI residential address, earlier petitions and CW-1 periods of stay for the last three years.

Part 4: Processing information

The consulate or CBP office to notify, passports, other petitions, dependents, removal proceedings, ownership interest, Department of Labor debarment, cap exemption and the governor's cap reservation.

Parts 5 and 6: The job and the employer's attestation

Job title, ETA case number, SOC code, job description, worksites, hours, wages, dates and business details, then the attestation statements, occupational category and the employer's signature.

Parts 7 to 10 and the Additional Worker Attachment

The petitioner's statement and signature, interpreter and preparer sections, additional information space, and an attachment for each additional worker.

How to fill out Form I-129CW

  1. 1

    Have the labor certification in hand

    For a start date on or after October 1, 2019, the instructions ask for a single, valid temporary labor certification approved by the U.S. Department of Labor, and say not to file before it is approved.

  2. 2

    Select one basis and one requested action

    Part 2 takes one basis for classification and one requested action. The instructions say including more than one requested action may delay the petition.

  3. 3

    Use the CNMI P.O. Box when asked for an address

    The USCIS page says to list the CNMI P.O. Box when asked for a street or physical address. Without a physical address, Item 4.g. takes a location description and a map.

  4. 4

    Enter the SOC code one digit per box

    The instructions say SOC codes come from bls.gov/soc and go left to right, one digit in each of the six boxes. A governor's cap reservation request is supported by that SOC code.

  5. 5

    Add an attachment for each extra worker

    Each additional worker gets a separate Additional Worker Attachment. The instructions say not to include the worker already named in Part 3, and unnamed beneficiaries are not permitted.

  6. 6

    Sign Part 6 and Part 7

    The authorizing official signs the employer's attestation and the petitioner signs Part 7. The form notes the petition is filed while in the United States. A stamped or typed name is not accepted. This page lets you fill the form online free, then print it for signature.

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Where to file, timing, evidence and fees

Filing options

The USCIS page lists mail (USCIS, Attn: Form I-129CW, 10 Application Way, Montclair, CA 91763, for USPS, FedEx, UPS and DHL) or online through a USCIS online account. Its Forms Available to File Online page says when online filing applies.

When to file

The instructions say an extension may be filed up to 180 days before the current CW-1 petition expires, and a petition for a new worker up to 120 days before the start date, in both cases not before the labor certification is approved.

Fee

The fee is on the USCIS Fee Schedule page (Form G-1055), which can change. The instructions also describe a CNMI education fee per worker, per year, and reduced fees for employers with 25 or fewer full-time equivalent employees and for certain nonprofits.

Initial evidence

The labor certification, proof each worker meets the job requirements, proof of the employer relationship, support for the attestation, any required license, and proof the job vacancy was posted on the CNMI Department of Labor website.

Change of status or extension

A copy of the worker's Form I-94, passport, travel document or Form I-797, the last two pay stubs and most recent W-2 if applicable, and licensing evidence. An extension also shows the worker maintained status and remains admissible and eligible.

Premium processing and after approval

The USCIS page says premium processing is not available for Form I-129CW. After approval, employers with a validity period of six months or more file Form I-129CWR, Semiannual Report for CW-1 Employers.

Who files Form I-129CW?

  • U.S. or CNMI employers

    The instructions say the petition is filed by a U.S. or CNMI employer for services or labor performed in the CNMI, and describe the legitimate business standard the employer is held to.

  • Workers in or coming to the CNMI

    The instructions say the worker is either lawfully present in the CNMI or coming from abroad to the CNMI with a CW-1 visa, and cannot be present in the United States other than in the CNMI.

  • E-Verify participants

    Only employers who participate in good standing in E-Verify may file, and the petition asks for the E-Verify Company ID or Client Company ID.

  • Employers of long-term CW-1 workers

    The instructions define a long-term CW-1 worker as one admitted or granted CW-1 status during fiscal year 2015 and each of fiscal years 2016 through 2018. Regular and long-term workers cannot share one petition.

  • Petitions for several workers

    Several workers may share a petition if the same action is requested and they share the occupational category, terms, period and location. All are named, and the total cannot exceed the number on the labor certification.

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Questions about Form I-129CW

Can Form I-129CW be filed online?

Yes. The USCIS page lists online filing through a USCIS online account, and its Forms Available to File Online page explains when a petitioner or accredited representative can use it. Mail filing is also listed.

Is premium processing available for Form I-129CW?

No. The USCIS page says Premium Processing Service is not available for Form I-129CW filings.

How do a CW-1 worker's family members apply?

The instructions say dependent family members, generally spouses and children under 21, use Form I-539, Application to Extend/Change Nonimmigrant Status, for CW-2 status.

How long can CW-1 status be approved for?

The instructions say a long-term CW-1 worker may be granted up to 3 years, and other CW-1 workers up to 1 year. Other workers are limited to three consecutive validity periods unless they stay outside the United States for at least 30 days after the third one.

When does the CW-1 program end?

The instructions say USCIS stops accepting petitions on December 31, 2029, or once the first-quarter cap for fiscal year 2030 is reached, whichever comes first. Petitions not approved before December 31, 2029, will be denied and fees not refunded.

Does the employer report to USCIS after approval?

Yes. The USCIS page says employers whose petition is approved for six months or more file Form I-129CWR to certify the continued employment and payment of each worker.

What is the Form I-129CW filing fee?

USCIS fees change, so this page does not list one. The I-129CW page points to the USCIS Fee Schedule, and the instructions point to Form G-1055.