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Conditional grant of transfer
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Posted on Dec 08 2006
[B]Q: What are the conditions required for an employer to obtain a conditional grant of transfer for an alien worker?
A:[/B] An employer seeking conditional grant of transfer should not allow a nonresident worker to work prior to the written approval of such conditional grant of transfer by the Labor director. An employer should also correct any deficiencies identified during the review process and comply with all other standard requirements of law, regulations, policies, and procedures.
According to the CNMI Alien Labor Rules and Regulations, applications not corrected after issuance of a deficiency notice should be denied with written notice to both the employer and the conditionally transferred nonresident worker.
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[B]Q: When is the official transfer date of a conditional grant of transfer?A:[/B] The date of approval by the Labor director of the conditional grant of transfer should be considered the officially accomplished transfer date for purposes of identifying when liability is assumed by the new employer. The date of final approval of the conditional transfer should be considered the official transfer date for identifying when an employee may be replaced by the former employer.
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[B]Q: What will happen if an application is denied after a conditional transfer was granted?A:[/B] If an application is denied after a conditional transfer was granted, the affected alien worker should be granted additional time to secure new employment; provided, however, in no instance shall the additional time exceed 45 days from the date of service of the denial on the nonresident worker.
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