Temporary Labor Certification
(xv) Temporary Labor Certification or TLC means the certification made by the DOL OFLC Administrator, based on the CW-1 Application for Temporary Employment Certification, and all supporting documentation, with respect to an employer seeking to file with a CW-1 petition. (xvi) Transition period means the period beginning on the transition program effective date and ending on December 31, 2029. (xvii) United States worker means a citizen or national of the United States, an alien lawfully admitted for permanent residence, or a citizen of the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau who is eligible for nonimmigrant admission and is employment-authorized under the Compacts of Free Association between the United States and those nations. (2) Eligible aliens. Subject to the numerical limitation, an alien may be classified as a CW-1 nonimmigrant if, during the transition period, the alien: (i) Will enter or remain in the CNMI for the purpose of employment within the transition period in an occupational category that DHS has designated as requiring alien workers to supplement the resident workforce; (ii) Is petitioned for by an employer; (iii) Is not present in the United States, other than the CNMI; (iv) If present in the CNMI, is lawfully present in the CNMI; (v) Is not inadmissible to the United States as a nonimmigrant or has been granted a waiver of each applicable ground of inadmissibility; (vi) Is ineligible for status in a nonimmigrant worker classification under section 101(a)(15) of the Act; and (vii) Will not be employed in a Construction and Extraction Occupation (as defined by the U.S. Department of Labor as Standard Occupational Classification Group 47-0000 or successor provision) unless the alien is a long-term worker. (3) Derivative beneficiariesCW-2 nonimmigrant classification. The spouse or minor child of a CW-1 nonimmigrant may accompany or follow the alien as a CW-2 nonimmigrant if the alien: (i) Is not present in the United States, other than the CNMI; (ii) If present in the CNMI, is lawfully present in the CNMI; and (iii) Is not inadmissible to the United States as a nonimmigrant or has been granted a waiver of each applicable ground of inadmissibility. (4) Eligible employers. To be eligible to petition for a CW-1 nonimmigrant worker, an employer must: (i) Be engaged in legitimate business; (ii) Obtain a TLC from DOL and consider all available United States workers for the position being filled by the CW-1 worker; (iii) Offer terms and conditions of employment which are consistent with the nature of the petitioner's business and the nature of the occupation, activity, and industry in the CNMI; and (iv) Comply with all Federal and Commonwealth requirements relating to employment, including but not limited to nondiscrimination, occupational safety, and minimum wage requirements. (5) Petition requirements. An employer who seeks to classify an alien as a CW-1 worker must file a petition with USCIS and pay the requisite petition fee plus the CNMI education funding fee and the fraud prevention and detection fee as prescribed in 8 CFR part 106. If the beneficiary will perform services for more than one employer, each employer must file a separate petition with fees with USCIS. (6) Appropriate documents. Documentary evidence establishing eligibility for CW status is required. A petition must be accompanied by: (i) Evidence demonstrating the petitioner meets the definition of eligible employer in this section; (ii) An attestation by the petitioner certified as true and accurate by an appropriate official of the petitioner, of the following: (A) The employer has not displaced and will not displace a United States worker in order to employ the beneficiary as agreed to in the CW-1 Application for Temporary Employment Certification; (B) The employer is doing business as defined in paragraph (w)(1)(iii) of this section; (C) The employer is a legitimate business as defined in paragraph (w)(1)(vii) of this section; (D) The employer is an eligible employer as described in paragraph (w)(4) of this section and will continue to comply with the requirements for an eligible employer until such time as the employer no longer employs the CW-1 nonimmigrant worker; (E) The beneficiary meets the qualifications for the position; (F) The beneficiary, if present in the CNMI, is lawfully present in the CNMI; (G) The position is not temporary or seasonal employment, and the petitioner does not reasonably believe it to qualify as eligible for any other nonimmigrant worker classification, including H-2A or H-2B; (H) The position falls within the list of occupational categories designated by DHS; (I) The petitioner will pay the beneficiary a wage that is not less than the greater of