CW-1 Filings for 2020 Must be Accompanied by an Approved Temporary Labor Certification

The CW-1 visa is a non-immigrant visa. It allows people to travel Unites States of America for temporary work. and can only be employed in the Commonwealth of the Northern Mariana Islands (CNMI).

CW-1 filings has been modified by USCIS. USCIS will start accepting petitions for employment with start dates in fiscal year (FY) 2020 under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker program (the CW-1 program) on April 4, 2019.

It is mandatory for all CW-1 filings for FY 2020 must include an approved temporary labor certification (TLC) from the U.S. Department of Labor (DOL). USCIS will reject any CW-1 petition with an employment start date on or after Oct. 1, 2019, filed without the approved department of labor(DOL) temporary labor certification(TLC).

As required by the Northern Mariana Islands U.S. Workforce Act of 2018 (Workforce Act). DOL has announced that they will soon publish an Interim Final Rule in the Federal Register. This rule will be effective from April 4, 2019. And it will outline how CW-1 employers will obtain a prevailing wage and TLC to use when petitioning for an FY 2020 CW-1 visa.

The TLC will have to confirm USCIS that there is not a qualified U.S. worker available to fulfill the employer’s job opportunity in the CNMI. And that the employment of a CW-1 worker will not affect the similar worker in the USA. It will also not affect the wages of similar employee in USA.

President Trump has signed the Workforce Act in July 2018, extending the CW-1 program and setting CW-1 caps through 2029.

The Workforce Act modifies certain CW-1 eligibility requirements, including a new requirement that an employer must first obtain an approved TLC from DOL before filing a CW-1 petition with a start date in or after FY 2020.

CW-1 filings other requirements

Other than complying with the TLC requirement applicable to CW-1 petitioners with employment start dates on or after Oct. 1, 2019. CW-1 petitioners should continue to follow current USCIS regulations, procedures, and forms.

USCIS will be announcing further guidance for CW-1 worker petitions in upcoming months.

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