DOL OFLC, CW-1

More in This Section Close Farmworker Protection Final Rule Program and FLAG Resources CW-1 D-1 Crewmembers Certification FLAG Resources H-1B, H-1B1 and E-3 Specialty (Professional) Workers H-2A Herder Final Rule H-2A Temporary Agricultural Program H-2B Temporary Non-agricultural Program Permanent Labor Certification Prevailing Wage Information and Resources Seasonal Jobs Policies and Regulations Forms Performance Data Foreign Labor Recruiter List Customarily Unionized H-2B Occupations Debarments List Frequently Asked Questions (FAQs) Announcements Foreign Labor Application Gateway (FLAG) Online Filing Permanent Employment Certification (PERM) Online Filing OFLC Help Desks Contacts Sitemap CW-1 Online Filing via FLAG System Program Overview The CW-1 nonimmigrant visa program permits employers who meet program requirements to hire nonimmigrant workers temporarily in the Commonwealth of the Northern Mariana Island (CNMI or "Commonwealth") to perform services or labor based on the employer's need. Job opportunities for the CW-1 program can have validity periods of up to one year and may be renewed for two additional periods of up to one year, with the exception of statutorily defined "long-term workers" who may receive a certification with a validity period of up to three years, which may be renewed for additional periods of up to three years. In order for the U.S. Department of Labor to issue a CW-1 certification, an employer must establish that: There are not sufficient U.S. workers in the CNMI who are able, willing, qualified, and available at the time and place needed to perform the services or labor involved in the petition; and The employment of a nonimmigrant worker who is the subject of a petition will not adversely affect the wages and working conditions of similarly employed U.S. workers. The CW-1 program contains significant worker protections for both United States (U.S.) and foreign workers to ensure no U.S. worker is placed at a competitive disadvantage compared to a foreign worker.

These protections include: The job opportunity must be full-time (35 or more hours per week); U.S. workers in corresponding employment must receive the same wages and benefits as the CW-1 workers; The payment of wages by employers to employees must be unconditionally "free and clear" and must be paid no less frequently than every two weeks; CW-1 workers and U.S. workers in corresponding employment are guaranteed to be paid for at least three-fourths of the total number of hours documented in the temporary labor certification. In addition, employers must pay visa and related fees for CW-1 workers and the inbound transportation and subsistence costs of workers who complete 50 percent of the job order period and the outbound transportation and subsistence expenses of employees who complete the entire job order period. Employers are prohibited from laying off any similarly employed U.S. worker in the occupation beginning 270 calendar days before the date of need and continuing through the end of the period of employment certified by the U.S. Department of Labor. Finally, employers are prohibited from retaliating against employees for exercising rights under the CW-1 program and workers are protected from discriminatory hiring practices.

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; Have an employer relationship (such as the ability to hire, pay, fire, supervise or otherwise control the work of employees) with respect to a CW-1 worker or a worker in corresponding employment; and Possess, for purposes of filing a Form ETA-9142C , Application for Temporary Employment Certification , a valid Federal Employer Identification Number (FEIN). How and When to Apply Prior to filing a petition with Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS), an employer must obtain an approved temporary labor certification from the U.S. Department of Labor. The applicant must: Obtain a Prevailing Wage Determination (PWD) - An employer must first electronically request and receive a PWD by filing the Application for Prevailing Wage Determination (Form ETA-9141C) with the OFLC National Prevailing Wage Center (NPWC). Based on a review of the information provided by the employer on the Form ETA-9141C, the NPWC will issue a PWD (the PWD will indicate the wage source and PWD validity period) and return the Form ETA-9141C with its endorsement to the employer.

File a CW-1 application - An employer must file the CW-1 Application for Temporary Employment Certification (Form ETA-9142C) , with the National Processing Center (NPC). OFLC will return incomplete applications without review. What to Submit to the NPC CW-1 Application for Temporary Employment Certification (Form ETA-9142C) A valid PWD or PWD case number issued by the NPWC on the Form ETA-9141C Form ETA-9142C appropriate appendices (Appendix A, Appendix B, and Appendix C) Supporting documentation, as appropriate. When to Submit your Application Package to the NPC An employer seeking a new CW-1 worker must submit a CW-1 application package no more than 120 calendar days before the employer's date of need.

If the employer is seeking a Temporary Labor Certification to extend the employment of a CW-1 worker, a completed CW-1 Application for Temporary Employment Certification must be filed no more than 180 calendar days before the date on which the CW-1 status expires. Where to Apply PWD – The PWD application may be submitted electronically through the Foreign Labor Application Gateway (FLAG) System at https://flag.dol.gov/ . CW-1 Application Package – The CW-1 Application package, which includes the Form ETA-9142C, copy of Appendices, the PWD issued by the NPWC or PWD case number, and any applicable supporting documentation must be filed electronically through the FLAG System at https://flag.dol.gov/ . What Happens Next The NPC Certifying Officer (CO) will review the employer's application for compliance with all applicable program requirements and issue either a Notice of Deficiency (NOD) or Notice of Acceptance (NOA).

Where deficiencies in the application are discovered, a NOD will be issued which identifies the deficiencies and provides the employer with up to 10 business days to submit a modified application correcting the deficiencies; if the employer does not respond timely or does not respond completely, the CO will deny the application. Where all program requirements are met, the employer will receive a NOA from the CO directing the recruitment of U.S. workers for the job opportunity and requesting a written report of the employer's recruitment efforts. To encourage the hiring of U.S. workers for employment in the CNMI, the employer will be required to advertise the job opportunity on the CNMI Department of Labor's job listing system; contact its former U.S. employees in good standing and solicit their return to the job; post a copy of the CW-1 Application for Temporary Employment Certification at the place(s) of employment in which the work will be performed by the CW-1 workers; and conduct any other recruitment activities that may be ordered (e.g., contacting community-based organizations or trade unions) required by the CO. The recruitment period must: begin within 14 calendar days of the date the NOA was issued; last 21 consecutive calendar days; all employer-conducted recruitment must be completed; and the employer must wait two calendar days, before the written recruitment report can be prepared, signed, and submitted to the NPC for review. Upon review of the recruitment report, the CO will make a determination either to certify or to deny the Application for Temporary Employment Certification.

The CO will certify the application only where the employer has met all regulatory requirements. If the employer has met all requirements, the CO will electronically send a Final Determination notice and copy of the certified CW-1 Application for Temporary Employment Certification to the employer and a copy, if applicable, to the employer's agent or attorney. Prevailing Wages CW-1 Prevailing Wage Survey July 1 2026 to June 30 2027 CW-1 Prevailing Wage Survey July 1 2025 to June 30 2026 CW-1 Prevailing Wage Table - July 1, 2024 through June 30, 2025 FAQs Round 1: CW-1 Implementation FAQs Additional Resources CNMI CW-1 IFR Factsheet CNMI PWD Filing Tips CNMI Department of Labor Filling out the 9141-C Filling out the 9142-C Form Validation Checks Webinars CW-1 Common Issues and Filing Tips Webinar Recording 3.25.26 CW-1 Common Issues and Filing Tips Webinar Presentation 3.25.26 CW-1 Common Issues and Filing Tips Webinar Recording 3.19.25 CW-1 Common Issues and Filing Tips Webinar Presentation 3.19.25 CW-1 Common Issues and Filing Tips Webinar Recording 3.26.24 CW-1 Common Issues and Filing Tips Webinar Presentation 3.26.24 CW-1 Common Issues and Filing Tips Webinar Recording 3.20.23 CW-1 Common Issues and Filing Tips Webinar Presentation 3.20.23 CW-1 Common Issues and Filing Tips Webinar Recording 3.22.22 CW-1 Common Issued and Filing Tips Presentation 3.22.22 CW-1 Filing Tips Webinar 03.18.21 CW-1 Best Practices-Webinar 3.10.20 CW-1 Program Webinar March/April 2019 CW-1 Program Webinar March/April 2019 Recording