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Samoan Cannery or Call-Centre Guest Worker Permit

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?

A guest worker is a person of Samoan ancestry born in the Independent State of Samoa who is granted authorisation to enter and remain in American Samoa for purposes of employment at the fish canneries or call centre only. The permit exists for a specific labour shortage in a specific sector; it is not a general work route.

See recorded sources
  • A.S.C.A. 41.0901(c)
    "Guest worker" means a person of Samoan ancestry born in the Independent State of Samoa who is granted authorization to enter and remain in American Samoa for purposes of employment at the fish canneries or call center only, under the provision of this chapter.
  • A.S.C.A. 41.0902
    The Attorney General of American Samoa is authorized to issue guest worker permits, subject to the requirements of this chapter, for the purpose of entry of persons of Samoan ancestry born in the Independent State of Samoa into American Samoa for purposes of employment by either of the two canneries or call center.

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

Applicants cannot apply themselves. The sponsor must be an employer belonging to either of the two current fish canneries or the call centre doing business in American Samoa; it presents a completed application for each guest worker to the Attorney General with a certification that it is unable to meet its employment requirements with individuals currently residing in American Samoa. A host is also required: a 21 year old bona fide resident or business of American Samoa that certifies by affidavit that it will provide housing and lodging; no host may act for more than 5 guest workers at one time. No bond is required, but the sponsor is responsible for all expenses of repatriating guest workers whose employment is terminated, and for health or medical services, fees and fines, utilities and any other expenses or debts of the guest worker.

See recorded sources
  • A.S.C.A. 41.0901(f)
    "Sponsor" means an employer belonging to either of the two current fish canneries or call center doing business in American Samoa requesting a guest worker permit for an individual to enter American Samoa for purposes of employment by those canneries or call center.
  • A.S.C.A. 41.0907(c)
    No person may act as host for more than 5 guest workers at one time.
  • A.S.C.A. 41.0906
    the sponsor is responsible for all expenses related to, and necessary for repatriating, to their countries of origin, those guest workers whose employment are terminated

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

The decisive tests are ancestry, age, health and a clean record - not skills. You must be at least 19 years old, and no older than 45 years, at the time the application is presented to the Attorney General, and a person of Samoan ancestry born in the Independent State of Samoa. You must not have been convicted anywhere of any crime, whether a misdemeanor or felony, including civil infractions. You must possess a certificate from the highest health authority in your country of origin that you are of good health, fit for work, not pregnant, in cases of females, and free from any sexually transmitted diseases, malaria, filariasis, or any disease that is deemed contagious, and you must sign your own affidavit to the same effect. A false affidavit is a class A misdemeanor and means immediate revocation, deportation without delay and permanent ineligibility. You must also not have been previously deported or excluded by the American Samoa Immigration Board or Attorney General.

See recorded sources
  • A.S.C.A. 41.0903(1)
    Must be at least 19 years old, and no older than 45 years, at the time the application is presented to the Attorney General;
  • A.S.C.A. 41.0903(3)
    Must not have been convicted anywhere of any crime, whether a misdemeanor or felony, including civil infractions;
  • A.S.C.A. 41.0903(4)
    Must possess a certificate from the highest health authority in his/her country of origin that bearer is of good health, fit for work, not pregnant, in cases of females, and free from any sexually transmitted diseases, malaria, filariasis, or any disease that is deemed contagious and capable of being transmitted from one person to another;
  • A.S.C.A. 41.0904(b)
    This individual shall not be eligible as a guest worker at any other time in the future.

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 one employer and one sector: each guest worker must be employed by the sponsor within two weeks of arrival and remain employed by the sponsor while in American Samoa on the permit. On termination the guest worker must depart immediately, and one who remains is subject to arrest and detention until the sponsor arranges transportation back to the Independent State of Samoa. Immediate relatives cannot be included for sponsorship under the guest worker permit.

See recorded sources
  • A.S.C.A. 41.0910(a)
    Each guest worker who is issued a permit shall be employed by the sponsor within two weeks of arrival
  • A.S.C.A. 41.0912(a)
    Each person who is granted permission to enter American Samoa on a guest worker permit is not entitled to inclusion of his/her immediate relatives for sponsorship under the guest worker permit.
  • A.S.C.A. 41.0919
    The sponsor of the guest worker shall be fined $100 per day for each infraction of the sponsor responsibilities as provided by this statute.

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

Each guest worker permit is valid for one year from the date of issue and allows multiple entries into American Samoa. It may be renewed for an additional year, up to a maximum of ten consecutive renewals (eleven years in total). The permit does not lead to settlement: guest workers do not become eligible for residence status under chapter 03, and if a guest worker later obtains a different residence status, the years spent as a guest worker do not count towards permanent residence under section 41.0403.

See recorded sources
Limits of the record
    • A.S.C.A. 41.0905(a)
      Each guest worker permit issued by the Attorney General shall be valid for one year from the date it was issued, and shall entitle the guest worker to multiple entries into American Samoa for the purpose for which it was issued.
    • A.S.C.A. 41.0905(b)
      Each permit may be renewed for an additional year not to exceed ten consecutive renewals.
    • A.S.C.A. 41.0905(c)
      Each permit issued for the first time shall be for a fee of $50.00, paid to the Government of American Samoa by the guest worker or sponsor as provided under regulations promulgated hereunder. Each subsequent renewal shall be for $30.00.
    • A.S.C.A. 41.0912(b)
      Guest workers shall not become eligible for residence status in American Samoa under chapter 03 of this Title.
    • A.S.C.A. 41.0911(a)
      There are sufficient willing individuals in American Samoa to fill the vacancies certified by sponsor;

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

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