‘Junk 45-day transfer period’

Acting immigration director Antonio Sablan is urging legislators to eliminate the 45-day grace period for nonresident workers transferring from one employer to another.

In an interview, Sablan said the 45-day grace period law not only puts employers at a disadvantage, but also makes monitoring of alien workers more difficult for immigration officers.

The law gives transferring workers ample time to look for new jobs on island. It benefits workers who did not renew their contracts or whose contracts were not renewed by their employers.

Instead of giving the workers 45 days, Sablan said, the law should be amended to reduce the grace period to 15 days and then require employers to notify employees of their non-renewal 30 days before the contract expiration. The same rule should apply to workers planning not to renew their contract with their existing employers.

Sablan noted that under the current law, an employer who has lost a worker has to wait up to 45 days before he can hire a replacement.

In accordance with the hiring moratorium—which limits the number of alien workers coming into the islands—an employer cannot replace a nonresident worker until it has been ensured that the previous employee has either transferred to another employer or departed the Commonwealth.

“If the employer who left is a critical part of a business operation, the company does not have much choice but keep maimed for over a month. With the amendment, an employer will only have to wait for two weeks,” Sablan said.

Tracking down illegal aliens should also be easier for Immigration with the reduced grace period for transfers, as the division would know right away if a worker has secured legal status to remain in the Commonwealth or not.

“This is not a one-sided proposal. It does not favor either the employer or the employee alone; workers get their 15 days and the employers are able to operate with enough employees. It benefits both parties, as well as Immigration,” he said.

He added that he had presented the proposal to the 13th Legislature, and plans to take it up again with current lawmakers.

Various moves are being undertaken to update the Nonresident Workers Act. These include proposals to eliminate alien workers’ right to transfer to new employers and to allow them to hold multiple jobs.