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Original Date Announced
May 14, 2020USCIS publishes IFR requiring employers of CW-1 nonimmigrants (CNMI-Only Transitional Workers) to enroll in E-Verify; file a semiannual report to verify the continuing employment and payment of CW-1 workers; and follow minimum wage requirements, among other changes. The IFR was signed by Chad Mizelle, Senior Official Performing the Duties of the General Counsel, on behalf of Acting Secretary Wolf.
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USCIS Publishes Interim Final Rule Implementing the Northern Mariana Islands U.S. Workforce Act of 2018 Federal Register Interim Final Rule: Implementation of the Northern Mariana Islands U.S. Workforce Act of 2018Effective Date
June 18, 2020Subsequent Trump and Court Action(s)
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August 25, 2020
USCIS Policy Update on CW-1 Departure Requirement
USCIS will only consider CW-1 petitions approved on or after June 18, 2020, when applying the requirement that certain CW-1 nonimmigrant workers depart the Commonwealth of the Northern Mariana Islands (CNMI) for a period of at least 30 continuous days. For example, any worker approved on or after June 18, 2020, for a one-year CW-1 validity period beginning Oct. 1, 2020, will be eligible for two more consecutive petition validity periods after the first period of validity expires on Sept. 30, 2021. Previously, USCIS counted all consecutive petition validity periods, even those approved prior to June 18, 2020, when determining which CW-1 nonimmigrant workers are subject to the temporary departure requirement.
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Biden Administration Action: Modified
October 18, 2022Filing Guidance for CW-1 Petitions Seeking to Extend Status
On October 18, 2022, U.S. Citizenship and Immigration Services announced that it will consider certain CW-1 petitions from temporary workers present in the Commonwealth of the Northern Mariana Islands (CNMI), even if USCIS receives the petition after the individual's nonimmigrant status expires. This accommodation was made due to processing delays of Temporary Labor Certifications (TLC) at the Department of Labor (DOL). Late filings will be excused as long as the applicant filed their TLC application with DOL at least 60 days before their requested start date, the petition is otherwise correctly filed and includes an approved TLC, and USCIS receives the petition no later than 30 days after the date of TLC approval, or by Nov. 15, 2022 - whichever is earlier.
View DocumentCurrent Status
Fully in EffectMost Recent Action
October 18, 2022 Action: Modified Filing Guidance for CW-1 Petitions Seeking to Extend StatusOctober 18, 2022Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: RuleSubject Matter: Non-Immigrant Visas: Employment-BasedAgencies Affected: USCISAssociated or Derivative Policies
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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