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Alien worker told to depart
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Posted on May 25 2006
An employment application for an alien worker was filed two days late due to the employer’s assistant manager being hospitalized. However, Labor administrative hearing officer Barry Hirshbein still ordered the worker to depart the CNMI.
In affirming the Labor director’s decision to deny Sammy Boat Inc.’s application for Eduardo Vergara’s transfer relief, Hirshbein pointed out that there is no ambiguity in the Alien Rules and Regulations.
“If no application is submitted to the Department of Labor within the period allowed by law then there is no basis for granting transfer,” Hirshbein said.
The hearing officer noted that the language in the regulations is mandatory and that if an application is not submitted on time, the employee must depart.
“Workers who are approaching the deadline for transfer must be sure that a prospective employer is aware of the deadline and is able to meet the submission deadline requirements,” he said.
Hirshbein said workers have the right to obtain information from Labor regarding the status of their application and must be prepared to seek alternate employment if a prospective employer is delaying the submission of the application.
Labor records show that Sammy Boat’s application to hire Vergara was submitted on Feb. 16, 2006. Vergara’s entry permit expired on Dec. 31, 2005.
The application for employment was signed on Feb. 14, 2006. It was filed two days late because the company’s assistant manager, Maggie Sakamoto, was hospitalized from Feb. 7 to 13, 2006. She is the person assigned to process the applications.
