With CW program ending in ’29, workers and employers urged to transition now

08/05/2025 - The CNMI-Only Transition Worker program is set to expire in 2029, and an immigration lawyer is warning that waiting too long to act could leave workers without legal status and employers without labor. 

“We are closer to the end of the CW-1 visa program than we are to the start of the COVID-19 pandemic,” said Charlie Lefebvre, immigration attorney at Lefebvre Michel PLLC. “That should put things in perspective.”

At a webinar hosted by Azarvand Tax Law & Lefebvre Michel last July 29, Lefebvre walked employers and CW workers through concrete options and timelines for transitioning out of the CW program before it's too late.

Lefebvre presented eight key visa pathways after the CW program ends, and they are the following: 

H-1B Visa (cap-exempt through 2029)

Until the end of 2029, qualified workers in the CNMI and Guam may still apply for H-1B visas without entering the nationwide lottery system. H-1Bs offer three-year terms (renewable to six years), are "dual intent" (allowing a pathway to permanent residency), and are especially beneficial for employers seeking longer-term stability. However, the role must require a bachelor’s degree or equivalent, and premium processing is recommended to expedite approval.

Lefebvre emphasized the urgency of using the H-1B visa now while it remains cap-exempt in the CNMI and Guam. “You know for three years, that gives you time to make sure the employee is the right fit for you,” she said. “And the H-1B is a dual intent, which means that you can have an H-1B and try to get a green card through an employment-based visa.”

H-2B Visa (seasonal or one-time labor)

This temporary visa is suitable for peak-load, seasonal, or one-time need labor. It is less commonly used in the CNMI but could be a stopgap for employers unable to secure long-term options. It lasts up to one year per petition and is ideal for positions that don’t meet the degree requirements of an H-1B.

This option allows for temporary non-agricultural workers. “If the CW1 is not here anymore,” Lefebvre noted, “that can be your option.”

EB-2 and EB-3 green cards

These are longer-term solutions that require sponsorship and labor certification. Processing timelines can stretch to three to four years, especially for high-demand nationalities like the Philippines or India. Employers must show consistent business operations, and workers must maintain legal status during the waiting period.

Employment-based green cards are viable but time-consuming. “If you wait until 2028… that will be too late if they don’t renew the CW1 or if no other options are being available,” Lefebvre warned. She noted that current backlogs for EB-3 approvals stretch as far back as April 2023.

With most work visas in the EB category taking over two years to become available once the process begins—and with the backlog likely to keep growing—companies and employees who wait too long may not be able to maintain their workforce by the time the program ends.

National Interest Waiver (EB-2 NIW)

This self-petitioning green card is available for professionals with advanced degrees or exceptional ability. Unlike traditional EB-2, it doesn’t require employer sponsorship or labor certification. Though faster than most green card options, the bar for approval is high.

For highly skilled workers, this option does not require employer sponsorship or labor certification. “It’s a very high bar,” Lefebvre said, “but it’s there, and it’s a fast pass to the green card.”

Family-based green cards

U.S. citizens may sponsor their immediate relatives, including spouses, for adjustment of status without requiring them to leave the islands. However, green card holders (lawful permanent residents) must pursue consular processing abroad for their spouses or children—a key difference many overlook.

If a worker is married to a U.S. citizen, they may be able to adjust status without leaving. Lefebvre explained, “We find an adjustment of statute for them, and they never have to leave.”

E-2 treaty investor visas

Available to individuals from treaty countries investing substantially in a CNMI- or Guam-based business. It’s a viable route for entrepreneurs or employees of majority-foreign-owned businesses. Must share the same nationality as the investor or owner.

Although more niche, this visa applies to nationals of treaty countries who are majority owners or employees of qualifying investor enterprises.

Diversity visa lottery

Workers from eligible countries can apply annually for a chance at a green card. While low-cost, it’s a lottery and not a guaranteed path, with high demand and a cap of 55,000 visas annually worldwide.

This low-cost option gives workers from eligible countries a chance at a green card, but it’s a gamble. “You can try every year,” said Lefebvre, “but do not hope on that as your long-term solution.”

O and L visas

Specialized alternatives exist for exceptional talent (O-1) or intra-company transfers (L-1). These require either extraordinary ability in specific fields or employment with a multinational company.

O visas are for individuals at the top of their field; L visas enable multinational companies to transfer staff internally. “It’s a very good option in terms of timing because they can go fast,” Lefebvre said of the O visa.

Applications for long-term visas and green cards often require labor certifications, prevailing wage determinations, and recruitment efforts that can take months before USCIS filing even begins. Additionally, some workers may need to travel for consular processing, especially if they fall out of status.

With CW visa numbers decreasing annually—down to 1,000 slots by 2029—Lefebvre urged companies not to delay. “There is nothing worse for a company than ending up with no workers,” she said. “And anticipation is really the key point of immigration right now. It always was, but right now it’s even truer than before.”

For employers and employees hoping to remain in the CNMI or Guam after the CW program ends, she said the time to act is now—not in 2028, and certainly not in 2029.

“So, really, like, if there is someone you want to keep, and you know they're on CW1, you need to anticipate right now to see what's the best fit,” said Lefebvre.

Report by Mark Rabago