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CW-1 visa

The CW-1 visa is a nonimmigrant visa classification in the United States for temporary workers in the Commonwealth of the Northern Mariana Islands (CNMI). This visa allows employers in the CNMI to employ foreign (non-U.S.) workers in occupations that cannot be filled by qualified U.S. workers.

Eligibility Requirements:

  • Employer Requirements: Employers must demonstrate a need for the foreign worker by proving that there are no qualified U.S. workers available to fill the position. They typically need to obtain labor certification from the U.S. Department of Labor.
  • Employee Requirements: The foreign worker must possess the necessary skills, qualifications, and experience required for the specific job. They must also intend to return to their home country after the temporary work period.

Key Characteristics:

  • Temporary Nature: The CW-1 visa is granted for a temporary period, generally one year, and can be extended.
  • Geographic Limitation: The visa is specifically for employment within the CNMI.
  • Annual Cap: The number of CW-1 visas issued annually is subject to a cap set by the U.S. Congress.
  • Dependents: Spouses and unmarried children under 21 of CW-1 visa holders may be eligible for CW-2 dependent visas. They are not authorized to work in the U.S.

Legislation and Oversight:

The CW-1 visa program is governed by U.S. immigration laws and regulations, including the Immigration and Nationality Act (INA). The U.S. Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) play key roles in the administration and oversight of the program.

Criticisms and Concerns:

The CW-1 visa program has faced scrutiny and criticism, including concerns about potential exploitation of foreign workers, displacement of U.S. workers, and the program's impact on the CNMI's economy.