US IMMIGRATION NEWS

USCIS Establishes Transitional Worker Program for the CNMI

Thursday, 5 November 2009

On October 27, 2009, the U.S. Citizenship and Immigration Services (USCIS) published a new rule creating the Transitional Worker visa classification for the Commonwealth of the Northern Mariana Islands (CNMI).

This visa classification originated from the Consolidated Natural Resources Act of 2008 (CNRA) which President Bush signed into law on May 8, 2008. This law established that the CNMI will form a Political Union with the United States, and that certain provisions of United States immigration laws are to be extended to the CNMI effective November 28th, 2009. Although, the CNRA will be effective on November 28, 2009, it mandated that a transition period be established by USCIS to facilitate an orderly evolution from the CNMI's permit system to U.S. immigration law. As such, a transition period will be instituted, during the period of November 28, 2009 through December 31, 2014. USCIS hopes that this transition period will give foreign workers ample time to identify an appropriate visa classification according to the Immigration and Nationality Act (INA) that they will be able to utilize to remain leading in CNMI.

Under the CNRA a "transitional worker" is any foreign worker who is currently ineligible for another visa classification under the INA and is performing labor for a CNMI employer. The Transitional Worker Visa category is a new nonimmigrant visa classification, which will be designated the admission code CW-1 for the principal transitional worker and CW-2 for dependents.

Non-residents living lawfully residing in CNMI, who are otherwise admissible to the U.S., may be eligible for CW-1 nonimmigrant status if an employer petitions on their behalves to work in CNMI. Initial CW nonimmigrant status will be granted for a validity period of one (1) year with the possibility of extensions in one year increments as well during the transition period.

CNMI employers, engaged in legitimate business activities, may also utilize the CW-1 program to employ eligible workers coming to CNMI from abroad. Currently under the CNMI-Only Transitional Worker program employers may only sponsor employees for CW-1 status in occupational categories being used in CNMI presently and that require supplemental labor from foreign workers, as the resident workforce does not meet the workforce demand. Also, for the first year, the number of CW-1 visas issued will be limited to a quota of 22,417. Thereafter, the Secretary of Homeland Security, in her discretion, will decrease the number of CW-1 visas issued each year.

In order to gain CW status, an employer must sponsor the employee(s) for such status by filing Form I-129CW, Petition for a Nonimmigrant Worker and supporting documents with the USCIS California Service Center. In addition, there is a filing fee in the amount of $320 and an $80 biometrics fee that either the employer or the employee may pay. Moreover, the CNRA mandates a "CNMI education funding fee" of $150 per beneficiary per year which cannot be waived. However, the I-129CW fee may be waived in extraordinary situations, where an employer can demonstrate that they are unable to pay both the employee's wage and the filing fee.

Spouses and minor children (i.e. children under the age of 18) of CW-1 nonimmigrants are eligible to apply for CW-2 nonimmigrant status based on the principal applicant's (i.e. spouse or parent) status. The family members may obtain CW-1 or CW-2 status by filing Form I-539 with the USCIS. The I-539 application may only be approved after CW-1 status is granted to the principal applicant. Dependents and spouses will each be required to pay a filing fee of $300 and an $80 biometrics fee. Finally, dependents will not gain work authorization through their CW-2 status.

Although the CW visa classification will provide non-residents of CNMI with a basis to legally work in CNMI, it provides no basis for travel to any other part of the United States, including Guam. Once the I-129CW petition is approved the employee will gain CW status. However, in order to travel they will require the CW visa in their passport to permit lawful re-entry into CNMI. CW nonimmigrants may apply for the CW visa at the nearest U.S. consulate or embassy that has jurisdiction over their application (i.e. the consulate in their country of residence or county of citizenship).

It is important to note that the CW classification is a temporary measure that is only valid during the transition period. Therefore, at the end of the transition period, the CNMI-Only Transitional Worker Program will cease to exist and all CW nonimmigrants will be required change status to an appropriate nonimmigrant or immigrant status under the INA in order to remain lawfully in CNMI.

If you are interested in Visas to USA, contact Migration Expert for information and advice on which visa is best suited to you. You can also try our visa eligibility assessment to see if you are eligible to apply for a visa to the United States of America.