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Incomplete renewal papers
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Posted on Nov 10 2006
[B]Q: What will happen to an employer’s application to hire an alien worker if Labor determines the papers are not complete?[/B]
[B]Q: What will happen to an employer’s application to hire an alien worker if Labor upon facial review determines that such application is untimely?[/B]
A: When an employer’s application to hire a nonresident worker is not complete or fails to comply with all legal requirements, Labor will notify in writing the employer and the employee to correct the deficiency. According to the CNMI Alien Labor Rules and Regulations, failure to correct within the time prescribed in the notice shall be a basis for denial of the application.
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A: If upon facial review Labor finds that the application is untimely, Labor will notify in writing the employer and the nonresident worker within 10 days of the filing of the application of the denial and appropriate review procedures.
If denial is appealed to Labor’s Administrative Hearing Office, it is a denial case.
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[B]Q: How does Labor impose a penalty fee on untimely submission of renewal application for alien workers?[/B]A: The period in imposing a penalty fee begins the day following the expiration of the Labor identification certificate or Labor and Immigration Identification Documentation System card.
For the first 30 calendar days the application is late, the fee will be $5 per day until a renewal application is filed. Labor will deny applications filed more than 30 calendar days following expiration of the contract or expiration of the transfer period.
If the late period is 30 calendar days or less, at the request of the employer or the Labor director or his designee, applications currently pending in the Administrative Hearing Office due to denial is untimely may be assessed the penalty fee in lieu of proceeding with an administrative hearing.
Upon payment of the penalty fee, the Labor director or his designee may proceed with the processing of the application without the need for a hearing.
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[I]Submit questions on labor issues to Saipan Tribune via e-mail at editor@saipantribune.com, or by calling 235-6397, 235-2440, or 235-8747 and leaving a message at Ext. 133 or 135. You may also submit questions in person by writing it down and dropping it off at the Saipan Tribune’s office on the second floor of the CIC Centre on Beach Road, Garapan. [/I]
