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No more waivers on JVA requirement
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Posted on Apr 09 2005
The Division of Employment Services and Training will no longer issue any job vacancy announcement waiver for all categories of nonresident employment, including replacement workers and new hires.
Employment Services director Alfred Pangelinan said in a March 23 memorandum said all applications for a waiver of the JVA requirement will be disapproved and denied.
“In the past, we are providing flexibility in order to be consistent to the policy imposed by the Division of Labor when addressing deficiency. However, this practice will cease and desist effective immediately,” Pangelinan said.
Job vacancy postings are required to ensure that employers make a good faith attempt to first hire resident workers, or secondly nonresident workers that are already within the Commonwealth.
Under the amended alien labor rules and regulations, the Division of Employment Services and Training should maintain a list of qualified and available resident workers seeking employment, and of nonresident workers presently within the Commonwealth who may lawfully seek employment.
The division has five working days to determine whether there is a resident worker available and qualified for the vacancy, or whether there is a suitable nonresident worker, the regulations state.
When there is no qualified and available resident or nonresident worker found, a job vacancy announcement is released for 15 days for publication through a newspaper, radio, television, or on-line advertising. (Agnes E. Donato)
