Labor applications not OK’d if deficient, denied

The Labor Division of the Department of Labor has reiterated its policy that applications cannot be approved if they are deficient or denied. Also, renewal applications cannot be approved until prior deficiencies and denials have been cleared.

Employers and employees are encouraged to check the Labor Web site (at www.marianaslabor.net) to review the deficiencies/ or denials. The site will show the reason for the deficiency or denial.

“It is important that employers comply with the deficiency notice or file an appeal of the denial if they believe the deficiency notice is in error. Question about the status of an application may be directed to Mary Laine Santos at 236-0949,” Labor said in a statement.

[B]Permit duration[/B]

The division said that employers may use a number of tools, available by law and regulationsince 2007, to maximize the duration of the work/entry permits of their foreign workers. These include:

* Two-year Permits: Employers may apply for a two-year permit, instead of a one-year permit, for renewal, transfer, or new applications. The two-year permit requires payment of the fee for two years and submission of a bond for two years along with all other requirements.

* Contract Extension: may in order to An employer may extend a contract for up to six months. This requires submission of a contract extension; a bond for the extension period; and payment of $25.00 per month for each month of extension.

* Contract Amendment (adding additional year): Employers may amend a contract to change it from a one-year to a two-year term. This requires submission of a contract amendment; a two year bond; payment of a $25.00 amendment fee; and payment of the second year application fee.

* Contract Amendment (to shorten term): Employers who have employees expiring June 2009 or after, may amend thethe expiration date of an existing contracts to shorten the term termwith a change of expiration date on or before May 31, 2009 in order to submit a two year renewal with an expiration date in May 2011 or earlier. This requires submission of a contract amendment and payment of a $25.00 amendment fee.

The employer may then renew for a two -year term.

[B]Early preparation and submission[/B]

Labor emphasized that it is “extremely important” for employers to submit complete applications and they do so well in advance of the expiration date. Employers may submit applications up to 45 days before expiration.

“To help ensure timely approval, employers should complete all the processing requirements prior to submitting the renewal,” it said. These include obtaining the health certificate; copy of valid passport; police clearance; bond (two years if renewing for that term); and a Job Vacancy Announcement.

“The JVA is a critical component. Time for certification of a JVA can range from as little as two weeks to more than a month if there are local applicants.,” it said.

Use of Labor approved forms, other requirements

Employers must use Labor approved downloadable forms (unless otherwise noted). Forms can be found on the Labor website [B][I](www.marianaslabor.net)[/I][/B]

The forms and requirements are as follows:

[B]RENEWAL
Forms[/B]

* Contract Renewal

* Application Cover Sheet (obtain from Labor)

[B]Other[/B]

* Health Certificate

* One/Two-year Bond

* Copy of Valid Passport

* Police Clearance

* JVA

* Photo

[B]TRANSFER
Forms[/B]

* Employment Contract

* Application for Approval of

* Employment Contract for

* Foreign National Worker

* Application Cover Sheet (obtain from Labor)

[B]Other[/B]

* Health Certificate

* One/Two-year Bond

* Copy of Valid Passport

* Police Clearance

* JVA

* Order Granting Transfer

* Certification of two years

* Work Experience (if change of skilled occupation)

* Photo
(For non-business employers, see Labor staff for additional forms)

[B]NEW HIRE
(Off-island/change of status)
Forms[/B]

* Employment Contract

* Foreign National Worker

* Entry Affidavit

* Application for Approval of

* Employment Contract for

* Foreign National Worker

* Notice to Foreign

* National Workers

* Application Cover Sheet (obtain from Labor)

* Claim of Exemption

* Moratorium (if not exempt)

[B]Other[/B]

* Point of Hire Health Exam

* One/Two-year Bond

* Copy of Valid Passport

* Business and/or Housing

* Inspection (Health & Safety)

* Approved Police Clearance

* Certification of two years

* Work Experience

* Certified Copy of College transcript (if required for position)

* JVA

* Photo

* Certified Birth/Marriage

* Certificate

[B][I]Source: Department of Labor[/I][/B]