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Alien worker ordered to depart CNMI
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Posted on Sep 17 2004
A guest worker was ordered to depart the Commonwealth after she failed in an attempt to engage in an illegal “sponsorship” scheme.
A nonresident involved in a sponsorship scheme is employed on record, but does not actually perform the services stated in his or her contract. Under this scheme, an employer provides a nonresident with immigration and work status—for a fee or otherwise—for the purpose of enabling the alien to remain or engage in business in the CNMI.
The Department of Labor gave worker Florencia H. Chan 30 days leave the CNMI. Otherwise, her name will be referred to the Division of Immigration for possible deportation proceedings.
Chan was originally employed by Ramon Seman, who had decided not to renew the worker’s contract. Prior to the expiration of the contract, Seman presented Chan a non-renewal notice. This gave the worker the balance of her contract and an additional 15 days to submit an application for work with a new employer.
Chan, however, failed to submit a new application until Aug. 26, 2003, and that was in excess of the time allowed to file a new application on an expiration transfer.
The application was submitted by employer Lilia Manansala, who is Chan’s sister, and Silverio Manansala, Chan’s brother-in-law.
“The testimony of the employee given at the hearing established that her proposed employment with her relatives was a device to keep her in the Commonwealth where her husband works as a nonresident worker,” noted Labor hearing officer Herbert D. Soll.
“Employment by a family member is not per se unacceptable, but this application was a desperation filing in an attempt to comply with the time limits imposed by the regulations. It failed in that attempt.”
Soll said Chan is not prohibited from gaining future employment or entry to the Commonwealth. (Agnes E. Donato)
