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Deficient applications result in denials
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Posted on Sep 24 2004
Four in five appeals of work permit denials heard by the Department of Labor last week involved deficient applications.
In an omnibus administrative order, Labor hearing officer Linn H. Asper decided on 24 appeals involving 23 employers and 30 nonresident workers. The omnibus order resulted from hearings held on Sept. 15 and 16.
Based on the order, 18 of the applications were denied due to deficiencies. Three other applications involved untimely filing, while two others were denied due to the employers’ lack of financial resources to hire the prospective workers. In three cases, the employers ended up canceling their applications.
Most of the deficient applications lacked a job vacancy announcement, health certificates, business inspection, and or financial statements.
In two cases, however, the Labor Department conceded that the problem arose when the department failed to timely release the JVA.
In his Sept. 20 order, Asper noted that in all cases heard on Sept. 15 and 16, denial decisions made by the Labor director were either conditionally reversed or affirmed because the employer no longer wished to pursue the Labor permit application.
“In all cases in which Labor permit denials have been conditionally reversed by this order, the department shall process the labor permit applications upon fulfillment of conditions, including payment of fines and correction of noted deficiencies,” Asper said.
Employees whose Labor permit denials have been conditionally reversed are entitled to commence work or continue their work, he added.
Employees whose employers have withdrawn or cancelled their Labor applications, but who remain in the Commonwealth, may transfer to new employers.
“Failure to fulfill a condition imposed by this order may result in repatriation of the affected employee[s], sanctions against the employer that may include disqualification of the employer from hiring nonresident workers, or both,” Asper said.
