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Non-Temporary Shortage Labour Registration Receipt Card

American SamoaWork

Explore the five recorded questions, answers and sources for this pathway.

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What type of worker, employment situation, occupation or professional activity is this pathway actually designed for?

This category covers qualified persons capable of performing specified skilled or unskilled labour, not of a temporary or seasonal nature, for which a shortage of employable and willing persons exists in American Samoa. Seasonal and temporary work is handled separately; the Administrative Code has a separate form P50 Petition for Temporary or Season Worker.

See recorded sources
  • A.S.C.A. 41.0303(a)(5)
    to qualified persons who are capable of performing specified skilled or unskilled labor, not of a temporary or seasonal nature, for which a shortage of employable and willing persons exists in American Samoa;
  • ASAC 41.0407 Forms
    P50 Petition for Temporary or Season Worker

Does the applicant need a job offer, employer, sponsor, transfer relationship or other employer involvement? What is important about that employer relationship?

You need an employer who will also be your sponsor. Every person who applies for permission from the Board to remain in American Samoa is required to have a sponsor, and the Immigration Board policy is 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. Sponsors may be American Samoans and nationals of the United States, or any partnership or corporation authorised to do business in American Samoa. The sponsor must live in American Samoa during the period of sponsorship and loses that authority if he resides outside American Samoa in excess of 3 consecutive months. The Board also has to be satisfied of the need and of the lack of permanent residents for such employment before sponsorship for employment is allowed, and it may limit the number of aliens sponsored for other employment by a sponsor as dictated by the circumstances.

See recorded sources
  • A.S.C.A. 41.0408(d)
    Persons may be sponsored for purposes of other employment provided the Board is satisfied of the need and of the lack of permanent residents for such employment, and the person is within the numerical limitations established in chapter 03.
  • A.S.C.A. 41.0408(b)
    (1) all American Samoans, and nationals of the United States; (2) any partnership or corporation authorized to do business in American Samoa.
  • A.S.C.A. 41.0408(f)
    if he resides outside American Samoa in excess of 3 consecutive months

What are the few decisive professional characteristics of the pathway: occupation, qualifications, experience, salary, skill level, shortage status, labour-market condition or equivalent?

The distinctive feature is a labour-market test attached to the job rather than a qualification level: the category is open to skilled or unskilled labour, with no degree or salary floor in the statute. The labour must not be of a temporary or seasonal nature, a shortage of employable and willing persons must exist in American Samoa for it, and at sponsorship stage the Board must be satisfied of the need and of the lack of permanent residents for such employment. The applicant must be capable of performing the specified labour.

See recorded sources
Limits of the record
    • A.S.C.A. 41.0303(a)(5)
      not of a temporary or seasonal nature, for which a shortage of employable and willing persons exists in American Samoa;
    • A.S.C.A. 41.0408(d)
      the Board is satisfied of the need and of the lack of permanent residents for such employment
    • A.S.C.A. 41.0303(d)
      Every application for a registration receipt card shall be presumed to be a nonpreference applicant until he establishes to the satisfaction of the immigration officer that he is entitled to a preference status

    What work does the permission allow? Is the holder tied to an employer, occupation or sector? Can family accompany where clearly established?

    The holder is tied to the sponsoring employer and the job: no one may knowingly employ an alien, and no alien may seek or take up employment, without prior written approval of the Board. When the qualifying employment status ends, the person is deemed to be seeking entry to American Samoa from that date, and failure to notify the Attorney General within 15 days makes the presence of the person, family and dependants unlawful; on sponsorship revocation or termination of employment the holder may remain for up to 20 days. Family may accompany through the derivative rule in 41.0303(a)(9).

    See recorded sources
    • A.S.C.A. 41.0408(i)
      persons who are in American Samoa and are sponsored shall have the right to remain in American Samoa for up to 20 days following revocation of sponsorship or termination of employment
    • A.S.C.A. 41.0303(a)(9)
      be entitled to the same status, and the same order of consideration provided in subsection (b), if accompanying, or following to join, his spouse or parent.

    How long is the permission normally granted for, how is it renewed, and what longer-term residence direction exists if officially stated?

    The certificate of alien registration receipt card issued to holders of this preference category is valid for a period not to exceed 12 months from the date of issuance. The statute does not state a renewal or reissuance procedure once the 12-month term ends. Permanent residence on the long-residence basis requires 20 years physically and legally present in American Samoa and good moral character, and such grants are capped at 50 a year.

    See recorded sources
    Limits of the record
      • A.S.C.A. 41.0303(a)(5)
        next in a number not to exceed 24 percent of the number specified in 41.0301, plus any registration receipt cards not required for the classes specified in paragraph (1) through (4),
      • A.S.C.A. 41.0301(c)
        shall not in any fiscal year exceed a total of 250.
      • A.S.C.A. 41.0403(a)(1)
        any person who is physically and legally present in American Samoa for a continuous period of at least 20 years and of good moral character;
      • A.S.C.A. 41.0403(b)
        The number of persons who may be granted the status of permanent resident in any fiscal year shall not exceed 50.
      • A.S.C.A. 41.0309(a)
        issued a certificate of alien registration receipt card for a period of time not to exceed 12 months, from the date of issuance

      These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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