Corporations apprised of regulations for hiring foreign nationals

Pago Pago, AMERICAN SAMOA — The Attorney General’s Office is advising corporations on the requirements for sponsoring foreign nationals. Regulations that have been on the books, but not particularly enforced — until now.

In a notice issued on Friday, Attorney General Gwen Tauiliili Langkilde indicated that corporations must first obtain certification from the Attorney General to verify their eligibility to serve as sponsors.

According to local statutes, it is explicitly prohibited for any corporation to sponsor an alien who holds any form of control or interest in any other corporation operating within the territory.

Given the implications of this law, corporations are strongly encouraged to conduct a comprehensive review of their compliance with these regulatory requirements before proceeding with a sponsorship request. 

In a notice issued recently, the AG’s office highlighted that failure to adhere to these legal provisions could result in significant delays or a complete denial of the sponsorship application, which may adversely affect the strategic objectives and operational plans of the corporation involved.

Corporations need to understand the nuances of these regulations to avoid potential legal complications and ensure the smooth processing of their requests.

Corporations must provide:

1. Established Record of Financial Responsibility: The corporation must demonstrate an ongoing record of financial soundness and stability.

2. Proof of Timely Payment: The corporation must provide evidence of timely payment of local taxes, fees, and other government assessments. They must be current on all obligations owed to the American Samoa Government (ASG).

3. Established Business Plan: The corporation must have an established business plan for operations in American Samoa on file with the Department of Commerce for review. The plan must clearly demonstrate the connection between the corporation’s operations and the need for alien sponsorship, specifically identifying how the skills or labor provided by the alien workforce are essential for the ongoing or proposed activities in the territory.

4. Proof of Good Corporate Citizenship: The corporation must demonstrate that it is in good standing and compliant with all applicable laws and regulations of American Samoa. 

The AG also reminded that the law expressly prohibits any corporation from sponsoring an alien who has any control or interest in any corporation in American Samoa.

Corporations are strongly encouraged to review their compliance with these statutory requirements prior to submitting a sponsorship request.

The AG said that failure to comply may result in delay or denial of the request.