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Labor office reverses denial of employment
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Posted on Aug 21 2005
The Department of Labor has authorized the hiring of a nonresident worker after the employer met financial requirements established for non-business employers.
Labor hearing officer Jerry Cody reversed the decision of the Labor director denying the work permit application submitted by Irene Sigrah to employ nonresident Elena M. Darguez.
Cody instructed the Division of Labor to resume processing the application as soon as possible.
On April 8, 2005, Sigrah filed a permit transfer application to hire Darguez as a houseworker. On July 6, 2005, that application was denied by the Division of Labor on the basis that the employer did not meet the minimum financial requirement established under the Alien Labor Rules and Regulations for non-business employers.
The regulations require that a 5-member household such as Sigrah’s have a minimum gross monthly income of $2,333.
Sigrah appealed the denial.
At the hearing, the employer appeared with her brother-in-law, Marvin K. Seman, who agreed to become a co-employer of record. Accordingly, Seman executed an affidavit that he would be jointly liable for any claim that might be brought by the worker under the employment.
With Seman’s income combined with that of Sigrah, the employer now meets the minimum financial requirements for the nonresident worker application. “This hearing officer agrees that the application is no longer deficient and that the prior denial should be reversed,” Cody said. (Agnes E. Donato)
