Labor dismisses worker’s appeal

Posted on Sep 04 2005

The Department of Labor has dismissed a worker’s appeal of the denial of his permit application.

Hearing officer Jerry Cody said that worker Wallie L. Dela Cruz is no longer required to obtain a nonresident work permit due to a change in his immigration status.

On June 1, 2005, Dela Cruz changed his status from a nonresident worker to an immediate relative of a non-alien.

“Given the above change of status, appellant Dela Cruz is no longer required to obtain a nonresident work permit from the department. Apparently, this matter is now moot and the appeal should be dismissed,” said Cody.

Dela Cruz works at Railings Pacific Inc. On June 8, 2004, the employer applied to renew its employment of Dela Cruz.

On July 19, 2004, the department denied the application based on the employer’s failure to correct deficiencies with the application. Railings Pacific and Dela Cruz then filed the appeal on Oct. 15, 2004.

After 10 months, the case was heard on Aug. 18, 2005 and resulted in findings about Dela Cruz’s new immigration status.

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