Labor hearing office reverses denial of 5 alien worker permit applications
The Department of Labor Hearing Office has reversed the denial of permit applications filed by an employer for five nonresident workers.
In a Nov. 24 administrative order, hearing officer Linn Asper allowed workers Chen Jing, Zhang Yan, Rafael Alvarado, Aurea Baloloy, and Estrella Jumilla to transfer to or continue working for employer Mariano K. Pangelinan.
The Division of Labor earlier denied the permit applications filed for the five workers due to deficiencies. The missing requirements included a certified job vacancy announcement in applications for Chen, Alvarado, and Jumilla; tax documents in the application for Zhang; and cash bond in the application for Baloloy.
But in a Nov. 23 hearing, Pangelinan showed proof that he had complied with the requirements, prompting Asper to reverse the Labor division’s denial of the applications.
However, Asper noted that the lapse of time between Chen and Zhang’s denied applications and the hearing office’s decision means that another renewal application is now due.
Thus, Asper ordered Pangelinan to file new renewal applications for Chen and Zhang on or before Dec. 31.
At the same time, Asper told the Division of Labor to resume processing the applications for Alvarado, Baloloy, and Jumilla.
“If the employer fails to comply with any of the conditions stated in this order, the department may order the employer to show cause at a hearing as to why sanctions, which may include a bar from employing nonresidents workers in the Commonwealth, should not be imposed on the employer,” Asper said.