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New labor regs require OK of alien worker’s govt
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Posted on Jan 27 2005
The Department of Labor has moved to enforce agreements between the CNMI and foreign governments that tighten procedures for the hiring of nonresidents workers in the Commonwealth.
The department adopted emergency amendments to the Alien Labor Rules and Regulations that require employers who seek to employ guest workers to first secure the approval of both the CNMI Labor and the government in the worker’s country of origin.
The new policy also states that the Division of Immigration Services will not issue an authorization to board and the Labor Department an authorization of entry for an alien worker unless his or her employment contract has been certified as approved by the foreign government.
The amendments implement CNMI agreements with the Philippines, administered by the Philippine Consul General, and with China, administered by the Chinese Economic Development Association, regarding the employment of alien workers.
“[Public] interest requires that the hiring of alien workers from abroad be conducted with the participation of agencies approved to engage in such activities by the country of origin of the prospective employers,” reads a portion of the public notice submitted by acting Labor Secretary Dean O. Tenorio and attorney general Pamela Brown.
“This procedure minimizes fraud in the hiring process, assures the skill level of the alien worker, reduces recruiting abuses, and builds accountability in the hiring process,” the notice added.
Brown and Tenorio also explained that the amendments must be adopted on an emergency basis—or upon fewer than the usual 30 days notice—because the CNMI’s agreement with China already came into effect on Jan. 1.
“The 30-day notice period would delay the implementation of the…agreement. Accordingly, the Office of the Attorney General and Department of Labor find that in the interest of the public, it is necessary that these regulations are approved and adopted immediately,” the officials said.
