The non-business employers

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Posted on Dec 05 2008
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[B]Q: Who are the non-business employers?

A: [/B]A non-business employer is a single individual person who is not incorporated or operating as a partnership or limited liability company. This kind of employer does not have a business license. According to the new Alien Labor Rules and Regulations, non-business employers may employ full-time alien workers only as domestic helpers, farmers, household maintenance workers, and yard workers.

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[B]Q: Can a person who received food stamps the past year be considered a non-business employer?

A: [/B]No. The Regulations state that non-business employers must not currently be receiving nor within the past year have received assistance from the Nutrition Assistance Program (food stamps), Security Supplemental from the Social Security Administration, any government subsidy in the form of public utilities from the Commonwealth Utilities Corp., or low income housing from the Mariana Islands Housing Authority.

A non-business employer must earn an annual wage or salary equal to or greater than 110 percent of the U.S. Department of Health and Human Services Poverty Guidelines for the State of Hawaii.

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[B]Q: Does the income of other household members help in qualifying a person to be considered non-business employer?

A:[/B] The Regulations state that members of a household may aggregate their income for purposes of qualifying as a non-business employer. But every person whose income is considered for purposes of meeting the financial requirements of this section must sign the foreign national worker’s approved employment agreement and thereby becomes fully responsible, jointly and severally, for all of the employer’s obligations under the agreement.

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[I]Disclaimer: Readers should conduct their own research and due diligence and obtain professional legal advice. Saipan Tribune will not be liable for any loss or damage caused by a reader’s reliance on information obtained from this section. Submit questions on labor issues to Saipan Tribune via e-mail at editor@saipantribune.com, or by calling 235-6397, 235-2440, or 235-8747 and leaving a message at Ext. 133 or 135. You may also submit questions in person by writing it down and dropping it off at the Saipan Tribune’s office on the second floor of the CIC Centre on Beach Road, Garapan. [/I]

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