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Labor tightens rules on issuance of TWA
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Posted on Oct 01 2004
Workers seeking temporary work authorization are now required to submit a certification that they have filed a complaint with an agency.
Acting Department of Labor Secretary Gil M. San Nicolas announced the stricter policy for issuance of temporary work permit in a public notice issued last week. The new requirement applies to nonresident workers who file a complaint with the U.S. Department of Labor, the Equal Employment Opportunity Commission, or any other enforcement agency, and are requesting a memorandum to seek temporary employment from the CNMI Department of Labor.
San Nicolas said such workers must present either an original letter on official letterhead of the requesting agency or a letter from the agency that has been stamped “certified true copy.”
“The letter should indicate the complaint has been made or that the agency requests issuance of a memo on behalf of the alien worker,” San Nicolas said in the notice.
The Labor Department will then verify the authenticity of the letter presented by the alien worker by matching it with the original letter or authenticated document submitted directly by the federal or other requesting agency to the local Labor.
“The CNMI Department of Labor will not honor or accept photocopies, fax copies, or any other substitute for an original,” San Nicolas added.
According to the Alien Labor Rules and Regulations, a temporary work authorization may be issued to any alien worker who has filed a labor complaint with the Division of Labor or who is involved in a compliance agency cases with the division.
A TWA may also be released to a nonresident upon the request of any federal enforcement agency, including the National Labor Relations Board, Equal Employment Opportunity Commission, U.S. Department of Labor, and U.S. Department of Justice.
Local enforcement agencies that may request TWAs for alien workers include the Department of Public Safety, Office of the Attorney General, Division of Immigration, and the Office of the Governor.
The TWA may be valid for up to 90 days and may be renewable every 90 days until the complaint or justification for the request has been accomplished.
