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Labor reverses denial of work permit
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Posted on Nov 10 2005
The Department of Labor has reversed the denial of a nonresident electrician’s work permit renewal, ruling that the late filing of the renewal application was not entirely the fault of his employer.
Labor hearing officer Jerry Cody noted that, based on employer Ruth R. Bigalbal’s testimony, the Immigration Division misplaced several documents that she had submitted in connection with the renewal of Mauro Sanchez Jr.’s work permit. Bigalbal testified that this delayed the issuance of the permit, noted Cody.
Bigalbal initially applied for a work permit on behalf of Sanchez in May 2004. On Aug. 18, 2005, she filed a renewal application, which the Labor Division denied the following Sept. 12. Both Bigalbal and Sanchez appealed the Labor Division’s decision.
Cody noted that Bigalbal failed to follow up on the status of the initial permit application for seven months. Her staff, however, made inquiries later and submitted the required documents for the release of the permit.
Cody also noted that Bigalbal received notification in June 2005 that the permit had actually expired on May 24, 2005. Bigalbal filed with the Labor Division the renewal application on Aug. 18, 86 days after the permit expired.
“Based on the evidence, I hold that this [permit renewal’s] denial should be reversed provided that the employer is sanctioned $100 for neglecting to follow up on the application for so many months,” Cody declared.
Cody said the fine he imposed on Bigalbal is lower than the customary late penalty of $5 per day, which would amount to $430 for filing the renewal application 86 days late.
“On the other hand, the evidence shows that the employer made a considerable effort after February 2005 to complete the permit process and retrieve the permit. It appeared that there was a legitimate confusion as to the proper deadline for the expiration of this worker’s prior permit,” he said.
