Private Employment of Noncitizens

Background

Subsections (2) and (3) were amended by State Law 7-1.

Section 15.502. Preference.

A citizen has preference in employment in an industry or occupation for which the citizen is qualified and available. A noncitizen may be employed only to supplement the labor force of available and qualified citizens. An employer employs a noncitizen in accordance with this chapter and regulations issued pursuant hereto, except that this chapter and regulations issued under this chapter do not apply to temporary employees. If an employer finds that he needs the services of a temporary employee a period longer than ninety days, he applies to the Office for an extension of the exemption. The Office may grant the extension for an additional period of time not to exceed ninety days. The Office may grant more than one extension, but the cumulative residence of a temporary employee in a temporary employee status may not exceed one hundred eighty days.

Section 15.503. Procedure.

(1) An employer who wants to employ a noncitizen applies to the Office, stating the place and nature of the employer's business, the occupational qualifications of the employee, the wages to be paid, the date on which the employee would begin work, and other information which the Office may require by regulation.

(2) Upon receipt of an application the Office attempts to fill the position stated in the employer's application by referral of qualified available citizens registered with the Office. If no qualified available citizens are registered with the Office, the Office publicizes the position in a manner reasonably calculated to reach qualified persons. A noncitizen may not take a position until the Office has publicized the position for thirty days.

(3) If the Office finds thirty days following publication that there is no occupationally qualified citizen available to fill the position, the Office determines whether the employment of a noncitizen would be in the public interest and, if so, establishes the duration and conditions of employment. The employer and the Government enter into an agreement authorizing the employer to employ a noncitizen pursuant to an employment contract approved by the Office. The agreement is signed by the Director, as Government representative, and by the employer. The agreement contains the following provisions, in addition to any other provision the Office deems necessary:

(a) a statement that the employer requires a noncitizen employee for immediate employment;

(b) the salary to be paid;

(d) the date on which the employer is required to attempt to fill the position with a citizen by filing a new application with the Office;

(e) a copy of the employment contract of the employee; and

(f) a statement of the employer's responsibility for noncitizen's return transportation to his place of origin.

(4) Upon execution of an agreement the Office sends a copy of the agreement to the national government and registers the agreement by number. The Office maintains a registry of all agreements.

(5) The Office provides a noncitizen employee with a copy of its agreement with the employer and an identification certificate containing:

(a) the employer's name;

(b) the job classification of the employee;

(d) the expiration date of the employee's employment contract.

A noncitizen is not employed unless he possesses an identification certificate and a noncitizen keeps the certificate on his person at all times. A noncitizen is employed only for the work stated in his employment contract.

(6) Before a noncitizen enters the State for employment:

(a) the employee presents to the Office his sworn affidavit, and such other evidence as the Office may require, indicating a minimum of two years experience in the field of work for which he is taking employment, his marital status, and, if married, the name of the spouse, number and ages of dependent children and the addresses of the spouse and dependent children. The employee also certifies that he has not been convicted of a felony or any other crime involving moral turpitude.

(b) the employer of a noncitizen employee presents to the Office a copy of the contract of employment, which includes a statement of position, the duration of the contract, location of work, weekly work schedule, wages for regular and overtime work, deductions for living costs, and other information or provisions required by the Office.

(7) A noncitizen may not leave the employment and take employment with another employer during the term of the contract, unless the employer to whom the employee is under contract has first filed with the Office a written release and the Office has pursuant to this chapter executed an agreement with the prospective employee.

Section 15.504. Employer's records.

An employer keeps, and presents immediately upon demand to the Office, a current record of:

(1) the name, address, age and legal residence of each employee;

(2) the classification and wage rate of each employee;

(3) payrolls showing the number of hours the employee has worked each week, and the compensation earned and deductions made for each employee;

(4) the education and experience of each employee;

(5) the number of employment-related accidents, names of the injured, and the employer's actions regarding an injured employee;

(6) the number and types of illnesses suffered by employees and the treatment provided, including whether hospitalization occurred;

(7) the citizenship, country of origin, and expiration date of the employment contract of each employee; and

(8) a copy of the agreement authorizing the employment of the employee.

Section 15.505. Enforcement.

(1) The Office may conduct investigations and hearings to enforce this chapter. In connection with a hearing or investigation, the Office may subpoena witnesses, records, and documents.

(2) Upon receiving an affidavit by a person stating a violation of this chapter or regulations issued pursuant thereto, the Office investigates the complaint, holding public or closed hearing as it deems appropriate.

Section 15.506. Current listing.

An employer who is employing a noncitizen when the Code takes effect informs the Office in writing within thirty days of:

(1) the name, citizenship, and country of origin of the employee; and

(2) the expiration date of the employee's employment contract.

Within thirty days of receipt of the information the Office provides the employee with an identification certificate if his employment is consistent with this Chapter and otherwise lawful.

Section 15.507. Citizen employee benefits.

The Government does not enter into a contract whose primary purpose is the construction of a building, airport, road, harbor, or any other thing, unless the contract provides that if the contractor utilizes noncitizen labor in the construction and, if the contractor provides either transportation, lodging or lodging expenses, or room or board expenses to an employee, then the contractor provides the same benefits to citizen employees, except to a citizen employee who maintains his principal place of residence within reasonable commuting distance of the place of employment.

Cross-reference:

Generally for offense see Section 13.527.