U.S. Immigration Law in the Commonwealth of the Northern Mariana Islands (CNMI)

Because the CNRA extends U.S. immigration law to cover the CNMI, numerous immigrant and nonimmigrant employment-based classifications are available to noncitizens in the CNMI.

All noncitizens must have permission to work legally in the United States and in the CNMI. Each employment classification has different requirements for admission, conditions of employment and authorized periods of stay. For more information about temporary and permanent worker categories, visit our Working in the United States page.

A noncitizen who does not qualify for any of the traditional temporary worker categories under the Immigration and Nationality Act may be eligible for the CNMI-Only Transitional Worker classification (CW visa). This nonimmigrant classification enables employers in the CNMI to apply for temporary permission to employ noncitizens who are otherwise ineligible to work. Prospective employer CW petitions must include a certified Temporary Labor Certification (TLC) from the Department of Labor (DOL). For more information about this classification, go to the CW-1: CNMI-Only Transitional Worker Web page.

Premium Processing Service is currently unavailable for all Form I-129 filings that request a change or a grant of status for workers within the CNMI. Premium processing service is also unavailable for I-129CW filings.

Congress has extended the CNMI-Only Investor (E-2C) nonimmigrant classification until Dec. 31, 2029. This classification allows eligible foreign, long-term investors and their spouses and children to remain lawfully present in the CNMI from Nov. 28, 2009, through Dec. 31, 2029. For more information, visit the E-2C Web page.

Noncitizens in H-1B and H-2B nonimmigrant classifications who are admitted to perform labor and services in the CNMI and Guam are exempt from the H-1B cap and H-2B cap from Nov. 28, 2009 to Dec. 31, 2029. To qualify for this exemption, the prospective employer’s petition must include a certified Labor Condition Application (LCA) for the H-1B classification or a certified TLC for the H-2B classification. The LCA or TLC must show that the employment or services will only be in the CNMI and/or Guam.

Additionally, certain H-2B positions on Guam and in the CNMI are statutorily exempted for a limited period of time by the National Defense Authorization Act (NDAA) from the requirement to show that the need for a worker is temporary. Volume 2, Part I, Chapter 11 of the USCIS Policy Manual provides additional information and guidance on qualifying for the exemption from the temporary need requirement under the NDAA.

The spouse and qualifying children of an H-1B or H-2B worker may apply for H-4 (dependent of an H worker) classification. There is no cap for the H-4 classification. Family members seeking H-4 classification may apply directly at the U.S. Embassy or Consulate for a visa or, if lawfully present in the CNMI, may apply to USCIS for a grant of status. After obtaining H-4 status, a noncitizen must file future requests to extend that status with USCIS using Form I-539, Application to Extend/Change Nonimmigrant Status.

Please see the H-1B Specialty Occupations and H-2B Temporary Non-Agricultural Workers webpages for more information about these temporary worker categories.

Employers must use the standard Form I-9, Employment Eligibility Verification for all new hires and reverifications in the CNMI. The CNMI page on I-9 Central provides additional guidance on the Form I-9 for employers in the CNMI.

E-Verify can verify the employment eligibility of all newly hired employees, including noncitizens with CNMI-Only Transitional Worker (CW-1) or CNMI-Only Investor (E-2C) nonimmigrant statuses. While some employers in the CNMI may choose to enroll in E-Verify, effective June 18, 2020, any employer submitting a CW-1 petition must be an E-Verify program participant in good standing.

Enrolling in E-Verify is easy. The E-Verify website has a variety of resources to help employers prepare. Visit the Getting Started page of the E-Verify website to explore enrollment resources.

We also offer Self Check, the free online service that allows individuals in the United States to check their own employment eligibility.

Noncitizens physically present in or arriving to the CNMI are not eligible to apply for asylum. This includes noncitizens brought to the CNMI after being intercepted in international or U.S. waters. This bar will be lifted on Jan. 1, 2030.

Certain noncitizens who have resided in the CNMI since Nov. 28, 2009, and who meet other eligibility requirements, may apply for long-term resident status. The application period for this program opened on Feb.19, 2020 and will end on Aug. 17, 2020.

You can find more information on how to apply for CNMI long-term resident status on our CNMI Long-Term Resident Status page.

In most cases, noncitizens in the United States without a nonimmigrant status must leave the country in order to obtain nonimmigrant classification. However, exceptions can be made for noncitizens in the CNMI with parole authorization.

For more information about applying for a grant of status, please see the Grant of Status page.

If you need to leave the CNMI for any reason, you will need an appropriate visa from a U.S. embassy or consulate abroad or a grant of advance parole by USCIS in order to return to the CNMI.

Go to the U.S. Department of State website for information about:

• How to obtain a visa
• Visa wait times for each U.S. consular post abroad

To get more information about advanced parole and immigration in the CNMI, you may:

• Call the USCIS Contact Center at 800-375-5283. During regular business hours, applicants who need more information or assistance can speak to a USCIS service representative. This toll-free number has automated information available 24 hours a day, 7 days a week. In the CNMI, live assistance is available Tuesday through Saturday, Saipan Time Zone: 5 a.m.-10 a.m. (Pacific Time Zone: 12 p.m.-5 p.m.).
• Find the status of your case by using the My Case Status tool.
• Email us at CNMI.CSC@uscis.dhs.gov for questions related to your Form I-129CW or Form I‑129 nonimmigration petition for employment in the CNMI.

More information on U.S. immigration-related and travel issues can be found below.

• Individuals Waiting for a Decision on a Nonimmigrant Employment-Based Petition
• New T Nonimmigrant Derivative Category and T and U Nonimmigrant Adjustment of Status for Applicants from the Commonwealth of the Northern Mariana Islands (PDF, 235.88 KB)

Forms

• I-9, Employment Eligibility Verification
• I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker
• I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records
• I-765, Application for Employment Authorization
• I-539, Application To Extend/Change Nonimmigrant Status

Parole

• Parole for Immediate Relatives of U.S. Citizens and Certain Stateless Individuals
• Parole for Caregivers of Critical Medical or Special Needs Individuals
• Parole for Transitional Worker Dependent Students Turning 18
• Requesting Parole for the First Time in the CNMI

Other USCIS Links

• Temporary Workers
• E-2 Visa: CNMI-Only Investor
• CW-1: CNMI-Only Transitional Worker
• CNMI Transitional Worker Outreach Schedule

Non-USCIS Links

• U.S. Department of State: Visa Wait Times
• U.S. Department of State