Employer not allowed to hire worker
The Department of Labor has denied a request by an employer to hire an alien worker after failing to meet the minimum financial requirement for employing nonresidents.
In an administrative order, Labor hearing officer Cinta Kaipat granted worker Samphao Thongyad 45 days to find a new employer.
Kaipat said that employer Mony Kerat submitted an application to hire Thongyad as a houseworker. However, a review of the employer’s financial records indicated that the employer was unable to meet the minimum financial requirement to qualify him to employ Thongyad at this time.
The Division of Labor denied the application and an appeal followed.
At the hearing, it was confirmed that based on his present salary, Kerat would not be able to meet the eligibility criteria to employ Thongyad.
“Consequently, the denial of this application should be confirmed and appellant should be given a 45-day transfer to another suitable employer,” Kaipat said. “Failure of…Thongyad to have a one-year application filed within the 45-day deadline shall cause her to lose her lawful employment and immigration status to remain in the Commonwealth.”