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Alien worker allowed to hire fellow alien
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Posted on Apr 11 2005
An alien worker was allowed to hire a fellow nonresident after finding that the prohibition on such employment did not apply to her.
The Department of Labor Hearing Office instructed the Division of Labor to resume processing of the application filed by R&S Enterprises on behalf of Carlito P. Ramos.
R&S Enterprises submitted the application on July 29, 2004 to employ Ramos as a mason to replace a former nonresident employee of the company. Ramos currently resides in the Philippines.
On Nov. 3, 2004, the Division of Labor denied the application on the grounds that the firm’s vice president, Shirley Digma, is also a nonresident worker employed by a separate company.
The Nonresident Workers Act prohibits a nonresident worker who first entered the Commonwealth after July 28, 1987 to “have a financial interest or operate or engage in any business or become an employer.”
Hearing officer Jerry Cody noted, however, that Digma had presented evidence that she first entered the CNMI to work as a nonresident worker in 1983, and that she remained a nonresident worker in the Commonwealth since that time.
“Based on her first entry date into the CNMI, Ms. Digma is not subject to the prohibitions outlined in [the Nonresident Workers Act],” Cody said in an administrative order.
Hence, the decision of the Division of Labor to deny the permit renewal application should be reversed, he added.
