2019 US Virgin Islands Code
Title 24 - Labor
Chapter 6 - Protection of Resident Workers
§ 128. Recruitment of workers; clearance order; agreement
(a) An employer applying for workers through the Employment Service shall, at the same time, file a signed copy of his application with the Commissioner and shall state (1) the place and nature of the employer's business, (2) the number of workers desired and occupational qualifications of such workers, and (3) the wages to be paid to such workers, which shall not be less than the minimum recruitment wage as certified by the Commissioner.
(b) Upon receipt of an application pursuant to the provisions of subsection (a) of this section, the Employment Service shall first endeavor to fill the job vacancies reported by the employer by referral of qualified resident workers registered with such Service. In the event of inability to supply sufficient qualified resident workers from such source, the Service shall cause the existence of the vacancies and the applicable minimum recruitment wage rates for each occupation as determined by the Commissioner, to be publicized, including notice to active labor unions, posting of notice in public places in the judicial division where the workers are to be employed, the use of newspaper and other advertising media when appropriate, and such other means as the service may determine to be feasible. The Commissioner shall be empowered at the request of the Employment Service to assist the Employment Service in advertising the job vacancies referred to in this section.
(c) No later than 20 days from the date of filing of the employer's application in accordance with the provisions of subsection (a) of this section, the Employment Service upon a finding that (1) there are no occupationally qualified resident workers available to fill all or some of the vacancies applied for and (2) such employment of nonresident workers will not adversely affect the wages and working conditions of domestic workers similarly employed (3) upon receiving no later than 10 days from the date of filing the employer's application a favorable recommendation from the Commissioner, may issue a clearance order for the employment of nonresident workers for the position for which no qualified resident workers are available. If, at any time, a qualified resident worker becomes available for a position in an occupational classification occupied by a nonresident worker pursuant to a clearance order, the Employment Service shall so notify the Commissioner and the Immigration and Naturalization Service.
(d) Before submission of a clearance order to the Immigration and Naturalization Service, the Commissioner shall require a written agreement from the employer in the form set forth as Annex A to this section, stating that (1) the employer requires such nonresident workers for immediate employment, and the clearance of none is sought for the purpose of building a labor reserve; (2) the employer is paying or intends to pay not less than the minimum recruitment wage to all employees in the same or related occupational classification as the nonresident workers; (3) the employer agrees to comply with minimum employment conditions or other pertinent matters consistent with the provisions of this chapter and such other applicable laws as the Commissioner may determine; and (4) such workers are guaranteed a workweek of not less than 40 hours, except that a lesser workweek, not to be less than 20 hours per week, shall be guaranteed nonresident workers in such industries and occupations as the board, under the provisions of section 6(e) of this title, may determine to be in reasonable need of such lesser workweek guarantee, except, further, that any employer who has a bona fide labor union contract, as determined by the Commissioner, under which the employer's workers are guaranteed full employment and such other benefits as the Commissioner may deem satisfactory shall not be required to guarantee any minimum workweek under the provisions of this clause.
(e) The Commissioner shall provide nonresident workers covered by this chapter with a copy of the agreement required by subsection (d) of this section and with a certificate, the information on which shall be determined by the Commissioner. The nonresident worker shall be required to keep the certificate on his person at all times.
