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Renewal of alien worker’s employment
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Posted on Sep 26 2008
[B]Q: When should an employer submit to the Department of Labor a request for renewal of a nonresident employee’s employment contract?
A:[/B] According to the new Alien Labor Rules and Regulations, a request for renewal shall be submitted no earlier than 45 days prior to the termination date of the approved employment contract and no later than 30 days prior to that termination date.
The Regulations state that a request for renewal shall be accompanied by copies of an approved employment contract, an approved health insurance contract, and an approved security contract covering the alien worker to be renewed. An employer may submit a new employment contract with new terms as necessary.
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[B]Q: What are the grounds for Labor to deny renewal of an alien worker’s employment?A:[/B] The Regulations state that a renewal may not be granted if the employer has any outstanding payment more than 60 days in arrears with respect to any approved health insurance contract, any approved security contract, or any judgment in a Labor proceeding, except those on appeal.
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[B]Q: Does Labor require a nonresident dancer up for renewal to appear at Labor?A:[/B] Yes. The Regulations require that at the time of submission of a renewal application, the employer of foreign national workers in particular job categories must appear, with the alien worker, at the Labor Processing Division, for an interview. The interview will focus on the terms and conditions under which the alien worker is employed. The particular job categories include dancers, farmers, and masseuses.
No agents or persons holding powers of attorney may appear on behalf of the employer for this interview. A corporate representative may not be a foreign national worker and such representatives shall produce for inspection at the interview sufficient identification and proof of status.
