(a) No person may knowingly employ any alien without written approval before the person commences work.

(b) No alien may seek employment or become employed without prior written approval of the office or the board.

(c) Subsection 41.0409(c) ASCA provides for a hearing before the board for any person who has violated subsection (a) or (b) of 41.0409 ASCA. This hearing shall be commenced by the filing of an order to show cause by any immigration officer against any employer and/or employee for a hearing before the board.

(d) It is the policy of the immigration board that the employer shall be the sponsor of all alien employees unless a sufficient reason should appear to the board for allowing another person to sponsor the alien. It is the policy of the board to deny requests for transfer from one employer to another for sponsorship pursuant to 41.0408(h) of the Act.

(e) Any person sponsoring another must reside in American Samoa during the period of sponsorship. Should it appear to the office or the board that the sponsor has departed from American Samoa for an indefinite period of time, the person sponsored may have permission to remain revoked. A sponsor shall lose his authority to sponsor a person if he/she fails to pay all costs as established by 41.0408( e) ASCA, or if he/she resides outside of American Samoa in excess of 3 consecutive months in violation of 41.0408(f) ASCA, or if he/she is sponsoring aliens contrary to the Act.

History: Rule 3-86, eff 7 Dec 86.