Have you ever considered working in a unique corner of the United States, surrounded by tropical beauty and a distinct culture? For many foreign workers, the Commonwealth of the Northern Mariana Islands (CNMI) offers just that opportunity, and the CW-1 visa is the key that unlocks it. This special visa category was created to help CNMI businesses fill essential jobs when local workers aren’t available, providing a firm pathway for employment.
Getting through any visa process can feel overwhelming, but it doesn’t have to be. At Remitly, we believe in making complex topics simple, especially for people building new lives and careers abroad. This guide will break down everything you need to know about the CW-1 visa, from who qualifies and how to apply, to its unique benefits and limitations, so you can understand your journey with clarity and confidence.
What is the CW-1 visa?
The CW-1 visa is a non-immigrant employment visa created exclusively for the Commonwealth of the Northern Mariana Islands (CNMI), a US territory in the Pacific Ocean. It allows employers in the CNMI to hire foreign workers temporarily for jobs they cannot fill with qualified and available US workers.
The CW-1 is categorized as a “transitional” visa because it was established to help the CNMI’s economy transition to the US immigration system after it became a US Commonwealth. It provides a legal route for foreign nationals to work in the CNMI in roles that are not otherwise eligible under other non-immigrant visa categories.
The primary role of the CW-1 program is to address labor shortages and support the local economy of the CNMI. It gives CNMI businesses a way to hire the staff they need to operate successfully when the local labor market cannot meet demand. Unlike other US work visas, like the H-2B, the CW-1 visa is not limited to temporary or seasonal work, although it is granted on a temporary, year-to-year basis.
Other benefits of the CW-1 visa
For workers, this visa provides a legal avenue to work in the CNMI, earn wages under US labor protections, and gain valuable experience.
For employers, it allows businesses essential to the CNMI economy to meet their labor needs effectively and legally when they cannot find sufficient US workers.
Key industries that utilize the CW-1 program
The CW-1 visa is used across various industries relevant to the CNMI’s economy, including:
- Hospitality and tourism (e.g., hotel staff, restaurant workers)
- Construction
- Retail
- Healthcare support services
- Other service industries
Who is eligible for a CW-1 visa?
Eligibility for the CW-1 visa depends on both the foreign worker and the CNMI-based employer meeting specific requirements set by the US Citizenship and Immigration Services (USCIS).
Eligibility criteria for foreign workers
To qualify as a CW-1 worker, you must meet these conditions:
- Be offered a temporary position by a legitimate employer in the CNMI
- Be chosen by a CNMI employer who has received an approved temporary labor certification for your position from the US Department of Labor (DOL)
- Intend to depart the CNMI at the end of your authorized period of employment
- Be otherwise admissible to the United States
Requirements for CNMI employers
The employer carries a significant responsibility in the CW-1 process. They must meet the following conditions:
- Be a legitimate business operating in the CNMI
- Obtain an approved temporary labor certification from the DOL, proving there are not enough US workers who are able, willing, qualified, and available for the job
- File a petition on behalf of the foreign worker with USCIS
- Comply with all conditions of the CW-1 program, including paying the required wage and providing safe working conditions
The CW-1 visa application process: a step-by-step guide
The CW-1 application is an employer-driven process that involves multiple US government agencies.
- Employer obtains temporary labor certification
Before petitioning for a worker, the CNMI employer must apply for and receive a temporary labor certification from the US Department of Labor. This certifies that they have met the requirements regarding the need for foreign workers and the impact on US workers.
- Employer files Form I-129CW with USCIS
Once the labor certification is approved, the employer files Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker, with USCIS for each worker they wish to hire. This petition must be filed with the approved labor certification and other supporting documents proving the employer’s eligibility and the details of the job offer. If the worker is already in the CNMI in a lawful status, the employer may request a change or extension of status as part of the I-129CW petition.
- Worker applies for the visa at a US consulate (if outside the CNMI)
After USCIS approves the Form I-129CW petition, foreign workers who are outside the US or CNMI must apply for a CW-1 visa stamp at a US embassy or consulate. They’ll need to complete Form DS-160 (Online Nonimmigrant Visa Application), pay the visa application fee, and schedule and attend a visa interview.
Understanding key documents and timelines
Key documents: A valid passport, the approved I-129CW petition, the job offer letter, and the approved labor certification will be needed.
Timelines: The entire process can take several months. Employers must be mindful of application deadlines for the temporary labor certification and the annual CW-1 visa cap set by USCIS.
With careful planning, the CW-1 process can be simple. Here are some common issues to be aware of.
Insufficient or incorrect documentation
The employer and worker should work together to double-check that all forms are filled out completely and accurately, and that all required supporting documents are included with the Form I-129CW petition.
Delays due to unverified employer eligibility or labor certifications
Employers must ensure they maintain good standing with the CW-1 program and follow all Department of Labor and USCIS regulations. Workers should confirm their employer has an approved and valid temporary labor certification before proceeding with visa applications.
Unclear information about visa duration or restrictions
Understand that the CW-1 is normally granted for one year at a time and is tied to a specific employer and job. Review official USCIS updates and your approval documents carefully. When in doubt, consulting with an immigration professional is advisable.
CW-1 visa validity and renewals
The CW-1 visa is intended for temporary employment. It is typically valid for one year, but can be renewed annually.
To renew, the employer must go through the application process again, including obtaining a new temporary labor certification and filing a new Form I-129CW with USCIS before the worker’s current status expires. This is necessary to ensure seamless, continuous employment authorization.
Rights and limitations for CW-1 visa holders
For anyone working overseas, understanding the rights and restrictions associated with your visa is important.
Permitted activities
CW-1 visa holders are authorized to work only for the employer who sponsored their petition and in the job specified in the petition. Changing employers requires the new employer to file a new, approved Form I-129CW on your behalf.
Understanding your employment rights in the CNMI
As a worker in a US Commonwealth, you have rights under US federal and CNMI labor laws. This includes the right to be paid the agreed-upon wage for all hours worked, the right to a safe work environment, and the right to be free from exploitation or abuse. Your employer cannot legally hold your passport or personal documents.
Bringing dependants
A significant limitation of the CW-1 visa is that it does not allow dependents (spouses and children) to obtain derivative visas to accompany the CW-1 worker. Family members wishing to join a CW-1 worker in the CNMI would need to qualify for a US visa in their own right. They can look into a visitor visa, but this has its own strict limitations and does not permit long-term residence.
Moving to the CNMI with a CW-1 visa
Moving to the Commonwealth of the Northern Mariana Islands can be a rewarding and exciting opportunity. With careful planning and understanding of US immigration laws, the CW-1 visa application process should be straightforward, allowing you to prepare for your new adventure.
Remitly has a range of guides to help you get ready to move overseas. For a general financial planning guide when you start your new job, see our tips on budgeting. ATM safety for withdrawing money in a foreign country is another good area to brush up on. And if you need to send money to your new foreign bank account, Remitly’s got you covered.
FAQs
Who is eligible for a CW-1 visa?
Foreign workers who have been offered a temporary job by an employer in the Commonwealth of the Northern Mariana Islands (CNMI) are eligible, provided the employer has received an approved temporary labor certification and a CW-1 petition (Form I-129CW) has been approved by USCIS on the worker’s behalf.
Can CW-1 visa holders bring their dependents to the CNMI?
No, the CW-1 visa category does not include a derivative visa for dependents. Spouses and children cannot accompany the CW-1 worker on a dependent visa and would need to qualify for their own separate US visas to visit or live in the CNMI.
What documents are required to apply for a CW-1 visa?
The employer needs an approved temporary labor certification and must file Form I-129CW. The worker needs a valid passport, the approved petition notice, a job offer letter, and must complete Form DS-160 and attend a consular interview if applying from abroad.
How long does the CW-1 visa application process take?
The entire process can take several months. It includes the time for the employer to get labor certification, USCIS to process the Form I-129CW, and for the worker to get a visa interview and stamp at a US consulate. Timely filing by the employer is crucial, especially as there is an annual visa cap.
What happens if my CW-1 visa expires while I’m still employed?
You must stop working immediately once your CW-1 status expires. To continue working legally, your employer must have filed for an extension of your status by submitting a new Form I-129CW before your current status ends. Working with an expired visa is a violation of US immigration law.