January 28, 2014
Juan Gacayan, owner of JAG Construction was fined $1,000 by DOL.
Yesterday it was reported that KN Corporation, which owns the Sherwood Electronics and Appliances Store was fined $1,000 for failing to meet the 30 percent requirement. The company has five employees who are legal nonresident workers under U.S. immigration law which supersedes CNMI law.
The Saipan Tribune reported:
In Gacayan’s case, the administrative officer said the employer failed to contact Labor’s Citizen Job Placement Section for further referrals of job applicants after a meeting in December 2013.
Cody said the employer never posted his available construction and commercial cleaning jobs on Labor’s website in 2013.
Gacayan stated that in his efforts to find U.S. citizens for the positions held by his “CW” workers, he had placed an advertisement on a local radio station for a total of three days in May 2013.
Gacayan testified that his petition to hire five full-time CW workers was approved by U.S. Citizenship and Immigration Services.Does the USCIS require that employers advertise job vacancies on the DOL's website? Doesn't an employer who posts advertisements in a newspaper or on the radio meet the requirements of announcing job vacancies under U.S. law?
The USCIS would not have approved CW permits for the nonresident employees if the employer had not met the requirements. DOL will undoubtably never stop its harassment of foreign business owners until one of them challenges the law in court.