CW-1 Prevailing Wage Determination and Temporary Labor Certification
The CW-1 nonimmigrant visa program permits employers who meet program requirements to hire nonimmigrant workers to temporarily come to the Commonwealth of the Northern Mariana Island (CNMI) and perform services or labor based on the employer's need.
Step 1: Determine Eligibility
To participate in the CW-1 program, an employer must have a place of business (physical location) in the Commonwealth and a means by which it may be contacted for employment, possess of a valid Federal Employer Identification Number (FEIN), and have an employer relationship with respect to a CW-1 worker or a worker in corresponding employment.
The employer’s job opportunity must be:
- Full-time (35 or more hours per week);
- Work performed in the CNMI; and
- Have validity period(s) of up to 1 year with an opportunity to be renewed for 2 additional periods of up to 1 year, with the exception of long-term workers who may receive a certification with a validity period of up to 3 years, which may be renewed for additional periods of up to 3 years.
Step 2: Obtain a Prevailing Wage Determination (Form ETA-9141C)
- Employer must request and obtain a prevailing wage determination from the Office of Foreign Labor Certification's National Prevailing Wage Center (NPWC) before filing a CW-1 application.
- The prevailing wage determination application must be filed electronically using the FLAG System.
Step 3: File a CW-1 Application for Temporary Employment Certification (Form ETA-9142C)
Employers must file the CW-1 application electronically with the Chicago National Processing Center (CNPC) no more than 120 calendar days before the employer’s date of need, and no more than 180 calendar days before the date of need for extensions. Below is a list of what to include:
- ETA Form 9142C, Application for Temporary Employment Certification;
- If applicable, signed and dated copies of ETA Form 9142C appendices;
- A valid prevailing wage determination or prevailing wage determination tracking number issued by the NPWC; and
- Other supporting documentation, as necessary.
Step 4: Conduct Recruitment of U.S. Workers
To encourage the hiring of U.S. workers for employment in the CNMI, the employer must:
- Advertise the job opportunity on the CNMI Department of Labor’s job listing system;
- Contact its former U.S. employees and solicit their return to the job;
- Post a copy of the Application for Temporary Employment Certification at the place(s) of employment in which the work will be performed by the CW-1 workers;
- Conduct any other recruitment activities (e.g. contacting community-based organizations or trade unions) required by the Office of Foreign Labor Certification's Certifying Officer; and
- Prepare and submit a recruitment report to the CNPC.