9 FAM 402.18

9 FAM 402.18 (U) Nonimmigrant Visas Specifically for the Commonwealth of the Northern Mariana Islands – CW and E-2C Visas (CT:VISA-2082; 09-26-2024) (Office of Origin: CA/VO) .18-1 (U) Statutory and Regulatory Authorities .18-1(A) (U) Code of Federal Regulations (CT:VISA-1; 11-18-2015) (U) 8 CFR 214.2(e)(23); .2(w). .18-1(B) (U) United States Code (CT:VISA-1; 11-18-2015) (U) 48 U.S.C. 1806(d); 48 U.S.C. 1806(c). .18-2 (U) Overview (CT:VISA-2082; 09-26-2024) a. (U) The Consolidated Natural Resources Act of 2008 (CNRA), Public Law 110-229, extended U.S. immigration laws to the Commonwealth of the Northern Mariana Islands (CNMI), including transition provisions unique to the CNMI. The Northern Mariana Islands U.S. Workforce Act of 2018, Public Law 115-218 further extended and revised the immigration transition program for the CNMI through December 31, 2029. b. (U) CW Visa Classification: (1) (U) The CNRA authorizes DHS to classify an individual as a CNMI-only nonimmigrant transitional worker (CW). DHS regulations provide the eligibility requirements for CW status at .2(w). (2) (U) Individuals who qualify as CW transitional workers may apply for a CW-1 NIV. (3) (U) Any applicant for a CW-1 NIV must be the beneficiary of an approved Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker, filed with U.S. Citizenship and Immigration Services (USCIS). c. (U) E-2C Visa Classification: (1) (U) The CNRA authorized DHS to classify an individual as an E-2 CNMI Investor (E-2C) under INA 101(a)(15)(E)(ii) (See 48 U.S.C. 1806(c . DHS regulations that set forth the eligibility requirements for this status can be found at .2(e)(23). Those applicants qualified as E-2 CNMI Investors may apply for an E-2C. (2) (U) Any applicant for an E-2C must be the beneficiary of an approved Form I-129, Petition for a Nonimmigrant Worker and Supplement E, filed with USCIS before January 18, 2013. USCIS will reject initial petitions filed after that date. (3) (U) E-2C nonimmigrants who wish to extend their stay in E-2C status in the CNMI must file an extension petition with USCIS. The E-2C program sunsets on December 31, 2029. .18-3 (U) Classification SymBols (CT:VISA-1828; 09-12-2023) (U) 22 CFR 41.12 identifies the following classification symbols for applicants engaging in temporary visits in the CNMI under transition provisions unique to CNMI. CW1 | Commonwealth of the Northern Mariana Islands - Only Transitional Worker CW2 | Spouse or Child of CW1 E2C | Commonwealth of the Northern Mariana Islands Investor, Spouse or Child .18-4 (U) CW Visa for Transitional Workers in the Commonwealth of the Northern Mariana Islands (CNMI) .18-4(A) (U) Approved Petition is Prima Facie Evidence of Entitlement to CW Classification (CT:VISA-2082; 09-26-2024) a. (U) An approved Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker, is prima facie evidence that a CW applicant meets the requirements for CW classification. To question an approved CW petition, you require specific evidence, unavailable to DHS at the time of petition approval, that the beneficiary may not be entitled to CW status. See .18-4(I) below. b. Unavailable .18-4(B) (U) Overview of Eligibility Requirements for the CW Nonimmigrant Visa (CTCT:VISA-1999; 05-31-2024) a. (U) In addition to an approved Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker, applicants must meet all requirements established below to receive CW Transitional Worker Status. For the full list of requirements, see .2(w). b. (U) Transitional Workers Eligible for CW-1 Status are Those Who: (1) (U) Are the beneficiary of an approved Form I-129CW petition filed by a legitimate employer (see .2(w)(2)(ii) and (5 ; (2) (U) Will enter or remain in the CNMI to work in an occupational category designated as needing foreign workers to supplement the resident workforce (see .2(w)(1)(xi) and (2)(i ; (3) (U) Are either lawfully present in the CNMI or are not present in the United States (see .2(w)(2)(iii) and (iv ; (4) (U) Are ineligible for any other employment-based nonimmigrant status under INA 101(a)(15) (see .2(w)(2)(vi ; (5) (U) Are otherwise admissible to the United States or have been granted a waiver of each applicable ground of ineligibility ( .2(w)(2)(v ; and (6) (U) Will not be employed in a Construction and Extraction Occupation unless the beneficiary is a "long-term worker" who was admitted or otherwise granted status as a CW-1 during each fiscal year from FY 2015 through FY 2018 ( .2(w)(1)(viii) and (2)(vii . c. (U) An individual is lawfully present in the CNMI if, at the time the application for status is filed, they were lawfully admitted or paroled into the CNMI under the immigration laws on or after the transition program effective date, i.e., November 28, 2009 (other than an admission or parole as a visitor for business or pleasure) and remains in a lawful immigration status ( .2(w)(1)(vi . .18-4(C) (U) CW-1 Employment Restrictions (CT:VISA-2082; 09-26-2024) a. (U) A CW-1 Transitional Worker may only work in the CNMI for the employer that is the basis for their approved Form I-129CW petition. b. (U) An individual requires a new or amended petition if there are any material changes in the terms and conditions of employment. For example, a change of employer. c. (U) A CW-1 applicant working for more than one employer must have an approved petition for each employer. d. (U) A CW-1 applicant must submit an approved application for Temporary Labor Certification (TLC) from the U.S. Department of Labor (DOL) with all Form I-129CW petitions with an employment start date on or after October 1, 2019. Generally, employment is not authorized outside the validity of the TLC. You do not have the authority to interpret DOL regulations or question DOL's decision to approve a temporary labor certification. e. (U) A change of employment to a new employer requires a new petition. The individual may start work for the new employer as soon as the new employer files a nonfrivolous Form I-129CW petition before the date of expiration of their authorized stay if they have not been employed without authorization in the United States (including the CNMI) after their lawful admission ( .2(w)(7)(iii . f. (U) USCIS may authorize up to 240 days of continued employment authorization to certain beneficiaries of CW-1 extension of status petitions with the same employer so long as the current employer files the CW-1 petition to continue previously approved employment. The employer must file the petition before the employee’s previous CW-1 status expires. g. (U) If you find that a CW applicant has violated any of the employment authorization restrictions above, suspend action on the application and submit a report to the approving USCIS office. .18-4(D) (U) Spouses and Children of CW-1 Beneficiaries (CT:VISA-1828; 09-12-2023) a. (U) CW-2 nonimmigrant status is available to spouses and minor children of CW-1 beneficiaries (see .2(w)(3 . Spouses and minor children eligible for CW-2 status are those who meet the qualifications outlined in paragraphs c and d below. b. (U) CW-2 status does not authorize employment, but holders may apply for other NIVs or IVs under which employment is authorized. c. (U) A CW-2 Spouse Must be : (1) (U) A spouse of a CW-1; (2) (U) Accompanying or following to join the CW-1 beneficiary; (3) (U) Not present in the United States other than in the CNMI; (4) (U) If present in the CMNI, lawfully present; and (5) (U) Otherwise admissible under the INA or granted a waiver of each applicable ground of ineligibility. d. (U) A CW-2 Child Must be: (1) (U) Under 18 years of age; (2) (U) Accompanying or following to join the CW-1 beneficiary; (3) (U) Not present in the United States other than in the CNMI; (4) (U) If present in the CNMI, lawfully present; and (5) (U) Otherwise admissible under the INA or granted a waiver of each applicable ground of ineligibility. .18-4(E) (U) CW Classification Valid Only for Travel to/Use in CNMI (CT:VISA-1828; 09-12-2023) a. (U) Except as provided in paragraph b below, a CW visa is valid only for travel to the CNMI. An individual with CW status or traveling on a CW visa may neither travel to nor transit any other part of the United States. b. (U) An individual traveling on a CW visa may travel to a foreign destination through the Guam airport in direct transit to the CNMI on a direct itinerary with a stopover or connection in Guam (and no other place) lasting no longer than 8 hours. An individual in CW status may also transit the Guam airport en route to a foreign destination. .18-4(F) (U) Departing from and Returning to the CNMI (CT:VISA-1999; 05-31-2024) a. (U) A CW-1 or CW-2 nonimmigrant may leave the CNMI, but they must have the appropriate visa to re-enter the CNMI. If the CW worker was granted CW status in the CNMI or has a CW visa that will expire before returning to the CNMI, the CW worker must apply for a CW visa at a U.S. embassy or consulate abroad before seeking readmission to the CNMI. If the CW-1 or CW-2 status is obtained while in the CNMI, the nonimmigrant will be given a Form I-94, Arrival-Departure Record as documentation of CW status. b. (U) If employment terminates, the CW–1 holder will not be in violation of CW–1 status for 30 days immediately following the date of termination if a new employer files a nonfrivolous Form I-129CW petition and the CW-1 holder does not violate the terms and conditions of their status during that time. The CW-1 may also commence employment with a new employer following the employer's filing of a nonfrivolous Form I-129CW petition during the 30 days. c. (U) At the expiration of the third consecutive petition validity period, a CW-1 worker must depart the United States temporarily for a continuous period of at least 30 days before the submission of a new Form I-129CW petition on their behalf. This requirement is not applicable to “long-term workers” who were admitted or otherwise granted status as a CW-1 during each fiscal year from FY 2015 through FY 2018. d. (U) DHS has discretionary authority to revoke a CW-1 petition approval based on the beneficiary of such petition not applying for admission to the CNMI within 10 days after the petition validity begins if the employer has requested consular processing. .18-4(G) (U) CW Status and Validity of CW Visas (CT:VISA-1828; 09-12-2023) a. (U) CW-1 status is valid for up to one year and may be extended for a maximum total of three years. “CW-1 long-term workers” are granted status for up to three years. A “CW-1 long-term worker” is defined as an individual who was admitted or otherwise granted status as a CW-1 during each fiscal year from FY 2015 through FY 2018 (October 1, 2014, through September 30, 2018). Long-term workers are exempt from the departure requirement. While the CW-1 nonimmigrant may be admitted for the period of petition validity and additionally up to 10 days before that period begins and 10 days after it ends, CW-1 status only authorizes employment during the validity of the petition. The validity of the CW-1 petition may not exceed the validity of the submitted TLC. b. (U) To request an extension of stay in CW-1 status, the employer must file a new petition. c. (U) CW-2 status expires on the same day as the principal’s CW-1 status or (in the case of a minor child) on a minor child’s 18th birthday. d. (U) The validity of CW-1 and CW-2 visas shall not exceed the maximum initial period of admission allowed by DHS which is 12 months. .18-4(H) (U) Applying INA 214(b) in the Adjudication of CW and E-2C Visas (CT:VISA-2082; 09-26-2024) a. (U) Applicants for CW and E-2C NIVs are subject to INA 214(b) and must provide credible evidence showing that they are entitled to nonimmigrant status and that their intended activities are consistent with the status for which they are applying (see 9 FAM 302.1-2(B)(6) paragraph b). b. (U) These applicants are allowed to have dual immigrant and nonimmigrant intent , per .2(w)(19) , and are not required to maintain a residence abroad. Nonetheless, you must be satisfied at the time of the application for the CW or E-2C visa that the applicant possesses the present intent to depart the CNMI at the conclusion of the authorized period of stay. That this intention is subject to change is not a sufficient reason to refuse a visa. Although CW and E-2C visa holders may apply to change or adjust status in the United States in the future, this is not a basis to refuse a visa application if the applicant's present intent is to depart the CNMI at the conclusion of the authorized period of stay. .18-4(I) (U) Referring Petition to DHS for Reconsideration (CT:VISA-xxxx; xx-xx-2024) a. (U) Return petitions to DHS for reconsideration sparingly, to avoid inconveniencing bona fide petitioners and beneficiaries and causing duplication of effort by DHS. You must have specific evidence of misrepresentation in the petition process or of previously unknown facts which might alter DHS’s finding before requesting reconsideration. Forward the petition, all pertinent documentation, and a written memorandum of the evidence supporting the request for reconsideration under cover of Form DS-3099, NIV Petition Revocation Request Cover Sheet-Kentucky Consular Center seek reconsideration. to KCC. KCC will forward the request to the approving DHS office. b. (U) Send requests for petition revocation to [email protected]. .18-5 (U) E-2C Nonimmigrant Visa for Long-Term Investors in the Commonwealth of the Northern Mariana Islands (CNMI) .18-5(A) (U) Approved Petition is Prima Facie Evidence of Entitlement to E-2C Classification (CT:VISA-2082; 09-26-2024) a. (U) An approved Form I-129, Petition for a Nonimmigrant Worker and Supplement E, are prima facie evidence that the requirements for E-2C classification are met. You must have specific evidence, unavailable to DHS at the time of petition approval, that the beneficiary may not be entitled to status to question an approved E-2C petition . See .18-4(I) above. b. (U) If an applicant has an approved I-129 petition for E-2C status, apply only the guidance contained in this section and not the guidance for E-2 Treaty Investor classification in .9. c. Unavailable .18-5(B) (U) Overview of Eligibility Requirements for the E-2C Nonimmigrant Visa (CT:VISA-xxxx; xx-xx-2024) a. (U) Although an approved Form I-129, Petition for a Nonimmigrant Worker and Supplement E, are prima facie evidence of entitlement to E-2C status (see .18-5(A) above), the following is an overview of the CNMI-Only E-2 nonimmigrant investor status. For the full list of requirements, see .2(e)(23). b. (U) Investors Eligible for E-2C Status are Those Who: (1) (U) Were lawfully admitted to the CNMI in long-term investor status under CNMI immigration laws before the beginning of the transition period on November 28, 2009; (2) (U) Have continuously maintained residence in the CNMI (see paragraph d below); (3) (U) Are otherwise admissible to the United States under the INA; and (4) (U) Maintain the investment(s) that formed the basis for the CNMI long-term investor status. c. (U) An Applicant May Be Eligible for E2-C Status Through Three Categories: (1) (U) Long-Term Business Investor: An applicant who has an approved investment of at least $50,000 in the CNMI, as evidenced by a CNMI Long-Term Business Certificate; (2) (U) Foreign Investor: An individual in the CNMI who has invested either a minimum of $100,000 in an aggregate approved investment of more than $2,000,000, or a minimum of $250,000 in a single approved investment, as evidenced by a CNMI Foreign Investment Certificate; (3) (U) Retiree Investor: An individual in the CNMI who is over the age of 55 years; and (a) (U) Has invested a minimum of $100,000 in an approved residence on the island of Saipan or $75,000 on the islands of Tinian or Rota, proven with issuance of a foreign retiree investment certificate; or (b) (U) Has invested a minimum of $150,000 in an approved residence to live in the CNMI, as evidenced by a Foreign Retiree Investment Certificate. d. (U) An individual has continuously maintained residence in the CNMI if they have maintained their residence within the CNMI since being lawfully admitted as a long-term investor and has been physically present there for a total of at least half of that time. Absence from the CNMI for any continuous period of more than six months but less than a year after a lawful admission breaks the continuity of such residence, unless the individual can establish to the satisfaction of USCIS that they did not in fact abandon residence in the CNMI during that period. Absence from the CNMI for one year or more during the period for which continuous residence is required breaks the continuity of residence. .18-5(C) (U) Spouses and Children of E-2C Beneficiaries (CT:VISA-1828; 09-12-2023) a. (U) The spouse and children of an E-2 CNMI Investor may receive E-2C classification if (1) otherwise admissible and (2) accompanying or following-to-join the principal. b. (U) The spouse of an E-2 CNMI Investor, unless the principal E-2 CNMI Investor is a Retiree Investor (see .18-5(B) above), is eligible to apply to DHS for employment authorization in the CNMI under 8 CFR 274a.12(c)(12). .18-5(D) (U) Applying INA 214(b) in the Adjudication of E-2C Visas (CT:VISA-1828; 09-12-2023) (U) See .18-4(H) above. .18-5(E) (U) E-2C Classification Valid Only for Travel to/Use in CNMI (CT:VISA-1828; 09-12-2023) (U) An E-2C visa is valid only for travel to the CNMI. An individual traveling on an E-2C visa may neither travel to nor transit any other part of the United States. .18-5(F) (U) E-2C Employment Restrictions (CT:VISA-1999; 05-31-2024) a. (U) An E-2 CNMI Investor may only work in the CNMI for the enterprise that is the basis for their CNMI Foreign Investment Certificate or Long-Term Investment Certificate, to the extent that the certificate authorized the employment. b. (U) An E-2 CNMI Investor whose status is based upon a CNMI Foreign Retiree Investor Certificate is not authorized to be employed in the CNMI. c. (U) An unauthorized change of employment to a new employer constitutes a violation of status. d. (U) An E-2 CNMI Investor requires a new or amended petition if there are any material changes to the individual's compliance with the terms and conditions of qualifications for the E-2 CNMI status. .18-5(G) (U) E-2C Status and Validity of E-2C Visas (CT:VISA-1999; 05-31-2024) a. (U) E-2C status is initially valid for not more than two years and may be extended in not more than two-year increments until the end of the transition period. b. (U) To request an extension of stay in E-2C status, the employer must file an application for extension of stay. c. (U) The E-2C status of the spouse and children of an E-2 CNMI Investor terminates on the same day as the principal’s E-2C status or (in the case of a minor child) on a minor child’s 21st birthday. d. (U) The validity of E-2C visas shall not exceed the maximum initial period of admission allowed by DHS, which is 24 months. e. (U) The E-2C classification will cease to exist at the conclusion of the CNRA-mandated transition period on December 31, 2029.