Table of Contents
- Introduction
- What is the CW Visa?
- Eligibility Conditions for CW-1 Visa
- Requirements of Workers with CW-1 Visa
- Application Process for the US CW Visa
- Cost and Length of Stay
- Changing Employer or Employment
- Travel Outside of CNMI and Conclusion
- FAQ
Introduction
The US CW-1 visa is an essential work permit for those who wish to work in the Commonwealth of the Northern Mariana Islands (CNMI). In this video, we will provide an explanation of the US CW-1 visa, its eligibility conditions, application process, and more. It is highly recommended to watch the video to gain a comprehensive understanding of the visa requirements and procedures. If you haven't already, we encourage you to subscribe to our blog to stay updated on new visa information. Additionally, at the end of the blog, you will find a cheat sheet available for download. Let's dive into the details of the US CW-1 visa.
What is the CW Visa?
The CW-1 visa is a non-immigrant work permit that allows employers in the Commonwealth of the Northern Mariana Islands (CNMI) to hire foreign workers who do not meet the requirements of other US work visas. This visa is designed to meet the temporary labor needs of employers in the CNMI. It is important to note that the CW visa has two categories: CW-1 and CW-2.
CW-1 Visa
The CW-1 visa is for transitional workers in the CNMI. It allows foreign workers to come to the United States for a temporary period to work in specific job classifications. To be eligible for a CW-1 visa, the employer must meet certain conditions, such as offering terms of employment that are compatible with their business type and fulfilling all labor laws.
CW-2 Visa
The CW-2 visa is designated for dependents of transitional workers. Dependents who are eligible to apply for a CW-2 visa include the spouse and children under the age of 18. It is important to note that CW-2 status does not allow for employment.
Eligibility Conditions for CW-1 Visa
Employers who wish to apply for the CW-1 visa must meet certain eligibility conditions:
- The employer's job must be legal, real, active, and operational, and must not involve any prohibited activities under Federal or CNMI law.
- Before applying for the visa, the employer must evaluate all available workers in the United States.
- The employer must offer hiring terms that are compatible with their business type.
- The employer must fulfill all labor laws, including occupational safety, minimum wage, and non-discrimination.
- The employer must pay for the transportation cost of workers to their last place of residence.
- The employer must comply with the semiannual reporting requirement by timely filing Form I-129CWR.
- The employer must obtain an approved temporary labor certification (TLC) from the US Department of Labor (DOL) and consider all available US workers for the position.
It is important for employers to meet these conditions in order to be eligible for the CW-1 visa.
Additionally, it is crucial for workers to meet certain requirements:
- The terms of the worker's employment must not be in accordance with the terms defined in other employment visas.
- The worker must be recruited to provide the resident workforce and must stay in the CNMI to work in the specified job class.
- A legal employer who has a business in the CNMI must apply on behalf of the worker.
- The worker is only allowed to be in the CNMI.
By meeting these eligibility conditions, both employers and workers can ensure a smooth application process for the CW-1 visa.
Requirements of Workers with CW-1 Visa
Workers with a CW-1 visa have specific requirements that they must meet in order to be eligible for the visa:
- The terms of the worker's employment must not be in accordance with the terms defined in other employment visas.
- The worker must be recruited to provide the resident workforce and must stay in the CNMI to work in the specified job class.
- A legal employer who has a business in the CNMI must apply on behalf of the worker.
- The worker is only allowed to be in the CNMI.
These requirements ensure that workers with a CW-1 visa are fulfilling the specific needs of employers in the CNMI and are staying within the designated area of work. By meeting these requirements, workers can maintain their visa status and continue working in the CNMI.
Application Process for the US CW Visa
The application process for the US CW visa is divided into two categories based on the worker's place of residence.
Step-by-step process for workers legally living and working in the CNMI:
1. Employer submits Form I-129CW along with additional documents that indicate the worker's information, employer details, and job position.
2. Worker undergoes fingerprinting and photographing for security checks.
3. If Form I-129CW is approved, the employer will receive an approval notification and provide a copy to the worker.
4. Worker receives the approval notification and can either apply for CW-1 status in the CNMI or proceed to a US embassy abroad for visa processing.
Process for foreign workers seeking employment in the CNMI:
1. Employer submits Form I-129CW along with additional documents indicating the worker's information, employer details, and job position.
2. If Form I-129CW is approved, the employer receives an approval notification and sends the original document to the worker's address abroad.
3. Worker schedules a nonimmigrant visa interview at the nearest US embassy.
4. If the worker is granted CW-1 status, dependents can file Form I-539 concurrently to join the worker.
Inclusion of dependents in the application process:
If a worker with CW-1 status has dependents who want to join them, the dependents may file Form I-539 concurrently with the worker's application. Dependents must be legally present at the time of filing to qualify for CW-2 status in the CNMI. Dependents must pay the application fee and provide necessary documentation for admission to the CNMI.
Cost and Length of Stay
When applying for the US CW-1 visa, there are certain costs to keep in mind. The employer is required to pay a "CNMI education funding fee" of $200 per beneficiary. Additionally, there is a biometric services fee of $85, which can be funded by either the worker or the employer.
Under the CW-1 visa, the length of stay is one year. However, in order to lawfully stay in the CNMI, workers must re-register for CW status. It is important to note that changing employers without following the proper legal process can result in the loss of CW-1 status. If an employer change is necessary, the new employer must register a petition for new CW-1 status and an extension for the validity period of the new petition.
Workers with CW-1 status can travel outside of the CNMI, but they will need to apply for a CW visa to re-enter the CNMI and maintain their CW status.
Changing Employer or Employment
As a CW-1 visa holder, it is possible to change employers, but it must be done following the legal process. Unlawfully changing employment can result in the loss of CW-1 status. If a change of employer is necessary, the new employer must file a petition for new CW-1 status and an extension for the validity period of the new petition.
It is important to note that even if you do not change your employer, any changes in the conditions of your employment may require filing a new petition to maintain the validity of your CW-1 status.
To extend the status of your CW-1 visa, your employer must submit Form I-129CW. It is crucial to follow the proper legal process in order to maintain your CW-1 status and continue working in the CNMI.
If your employment is terminated, you have 30 days to find a new job and have your new employer register a petition on your behalf to maintain your legal residence in the CNMI. If a new job is found within this timeframe, you can begin working once the petition is approved. If the petition is filed after 30 days, you must first leave the CNMI and obtain a new CW-1 visa at a consulate before returning to start a new job.
Remember, it is important to follow the legal process and maintain your CW-1 status to ensure a smooth transition when changing employers or employment conditions.
Travel Outside of CNMI and Conclusion
As a CW-1 visa holder, it is possible to travel outside of the Commonwealth of the Northern Mariana Islands (CNMI). However, it is important to note that in order to maintain your CW status, you will need to apply for a CW visa to re-enter the CNMI.
When traveling outside of the CNMI, it is crucial to follow the proper procedures to ensure a smooth re-entry process. By applying for a CW visa, you can preserve your CW status and continue working in the CNMI.
To begin the application process for a CW visa, it is highly encouraged to start the process as soon as possible. By starting early, you can avoid any delays or complications that may arise during the application process.
To help guide you through the application process, we have created a cheat sheet that can be downloaded from our website. This cheat sheet provides a step-by-step breakdown of the application process and includes important information and documents that you will need.
In conclusion, the US CW-1 visa is an essential work permit for those who wish to work in the CNMI. By understanding the eligibility conditions, requirements, and application process, you can successfully obtain a CW-1 visa and begin working in the CNMI. Start your application process today and take the first step towards your new career in the CNMI!
FAQ
Can workers change employers?
Yes, workers with a CW-1 visa can change employers, but it must be done following the legal process. Unlawfully changing employment can result in the loss of CW-1 status. If a change of employer is necessary, the new employer must file a petition for new CW-1 status and an extension for the validity period of the new petition.
What happens if a worker violates CW status?
If a worker with CW status violates any of the terms defined in CW status, they will lose their status. However, if the violation is only due to termination from employment, the worker will not be considered to have violated their status if they find a new job within 30 days and have their new employer register a petition on their behalf.
Can workers travel outside of CNMI?
Yes, workers with CW-1 status can travel outside of the CNMI. However, in order to maintain their CW status, they will need to apply for a CW visa to re-enter the CNMI.
How much does it cost to issue the CW visa?
The employer is required to pay a "CNMI education funding fee" of $200 per beneficiary. Additionally, there is a biometric services fee of $85, which can be funded by either the worker or the employer.
How long can one stay with the CW visa?
Under the CW-1 visa, the length of stay is one year. However, in order to lawfully stay in the CNMI, workers must re-register for CW status. Changing employers without following the proper legal process can result in the loss of CW-1 status.
DR MISBAH ULLAH KHAN OFFICIAL
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