Labor cites ‘one of most blatant sponsorship cases’

Calling it one of the most blatant “sponsorship” cases he has ever heard, Department of Labor administrative hearing officer Barry Hirshbein permanently barred a corporation from hiring alien workers in the CNMI and ordered a worker to depart the Commonwealth.

Hirshbein also noted that the case highlights the worst abuse of granting such Governor’s exemptions.

Hirshbein permanently barred Greate Corp. and sanctioned the company to pay $2,000 within 21 days to the CNMI Treasury.

The hearing officer ruled that complainant Long Gui Weng shall take nothing in his complaint and that his entry/work permit is revoked. Hirshbein said Weng, a Chinese, is permanently barred from working in the CNMI. He must depart the CNMI within 15 days after the repatriation ticket is delivered by his employer of record to Labor, Hirshbein said.

Labor records show that Weng had wanted to work on Saipan. His sister-in-law, Gui Hong Li, was already working on the island.

Li made arrangements for Weng to obtain the necessary papers for entry into the CNMI. The understanding was that Li would help him gain entry and then he would have to find a job after he arrived.

Weng testified that he borrowed and paid 50,000 RMB (over $6,000) for his entry into the CNMI. He said that he did not know, before leaving China, who his employer would be on Saipan. He also did not know what his job would be. A month after arriving, he went to Labor and picked up his entry permit.

Weng claimed that he looked for work but was unable to find any. He lived with Li and helped her out in the barbershop that Li operated. Weng also helped Li by managing a barracks that she operated. He admitted that his wife had borrowed money from Li to bring him to Saipan.

Li, in a sworn declaration, stated that she reduced the loan for work performed by Weng.

Weng denied earning any money for more than one-and-a-half years on Saipan. He testified that he only began to worry about his status as the time for expiration (Dec. 28, 2005) came close.

Other workers advised him to file a complaint so that he could get more time to look for work. Weng filed his complaint against Great Corp. on Jan. 6, 2006.

Weng was surprised to learn that his application was for a pastry chef post. He was also surprised to see the Chinese notary verification of his employment in China as a pastry chef. He testified that he has no experience in this field.

In his administrative order, Hirshbein pointed out that despite the fact that this matter proceeded by default as Great Corp. did not appear at the hearing, Weng’s testimony lacked credibility. Weng’s demeanor was evasive and he gave several contradictory responses, Hirshbein said.

“Weng was unable to identify or reliably refute his own signature on numerous documents. He denied his signature on a document that he signed before a member of the Enforcement Section,” the hearing officer said.

Hirshbein said it appears that a fraudulent request was made at the Governor’s office.

“A fraudulent nonresident worker affidavit and contract were submitted. False notary statements were presented,” he cited.

Hirshbein noted that the gravity of the situation is made greater because this application for employment was submitted as a Governor’s Exemption to Public Law 11-6.

Governor’s exemptions are generally granted to bring in highly skilled workers where the need cannot be met by on-island resident or nonresident workers.

“Both respondent and Weng are guilty of a number of violations of the Nonresident Worker Act and Alien Labor Rules and Regulations,” he said.

The hearing officer said the application submitted by Greate Corp. was fraudulent from its inception.

According to federal court documents, Great Corp. or Greate Corp. and Perfect Corp. own establishments in Garapan such as Tea House Club Karaoke, 369 Noodle House, Real Live Fish Restaurant, Chan Ming Market, and Golden Cut Hair.