Nonresident Worker Work Permit

Basic Provisions. Employers in the private sector seeking to employ Nonresident Workers in the Republic of Palau shall secure Work Permits for such workers by applying to the Bureau of Immigration and Foreign Labor before such workers may enter the Republic of Palau. Certain conditions of employment shall be met by the Employers and by the Nonresident Workers.

Resident workers shall be given preference in employment in the Republic of Palau in any job vacancy for which such workers are qualified and available. Nonresident Workers shall be employed only to supplement the labor force of available and qualified Resident Workers.

l) “Nonresident Worker” means any person who is capable of performing services or labor and who is not a citizen of the Republic.

4.1 Any employer who desires to hire a Nonresident Worker shall file an application with the Employment Service.

4.3 In the event no resident worker is currently available, then all position vacancies proposed shall be announced for a period of thirty (30) days by the Employment Service.

5.2.6 For those positions for which the Director has determined that Nonresident Workers may be hired, he or she shall require that a Nonresident Worker Employment Agreement ("Employment Contract") be entered into between the Employer and the national government, which agreement shall authorize the Employer to hire the Nonresident Worker. Other agreements may be entered into between Employer and Nonresident Worker prescribing the terms of non-resident worker employment consistent with Title 13 of the PNC and these Regulations, and which may only have force and effect upon approval by the Director.

6.1 Employment Restrictions. A Nonresident Worker shall be employed only by the Employer for which he or she has been approved by the Director.

4.5 Upon the expiration of thirty (30) days after the announcement, the Employment Service Officer, upon finding that there are no qualified Resident Worker available to fill the vacancy, shall notify the Director of said position which may now be available to Nonresident Workers.

4.4 Where a managerial or professional position is desired by the Employer, the Director, or his representative, at his discretion will cause the application to be processed immediately if he has reasonable belief that no citizen or permanent resident is qualified and available for such positions so as to facilitate economic development.

e) Affidavits by at least two previous Employers indicating at least a minimum of two (2) years’ work experience in the line of work for which the worker is being hired. Affidavits from travel agents, employment and placement agencies shall not be accepted;

6.2 Age Restrictions. A Nonresident Worker shall be between twenty-one (21) and sixty (60) years of age, excluding entertainers applying for temporary Work Permits. The above-stated age restrictions may be waived by the Director upon a showing that the worker provides an irreplaceable service to the Employer or where the worker is married to a Palauan or has Palauan dependents and provides support for family members.

7.1 Every Employer in the Republic shall pay a minimum wage of three dollars and fifty cents ($3.50) per hour to Resident and Nonresident Workers, unless exempted from minimum wage requirements as provided in Rule 7.2.

6.1 Employment Restrictions. A Nonresident Worker shall be employed only by the Employer for which he or she has been approved by the Director. This condition does not prohibit legitimate subcontract arrangements.

6.1.2 A Nonresident Worker may perform work outside his or her specific profession or occupation for his or her Employer, but that work must be reasonably related to the job for which he or she was originally employed.

9.2 Re-Employment. Upon termination of employment, a Nonresident Worker shall not be permitted to work for any other Employer for a period of five (5) years from the date of departure unless:

The Dependant Visa is issued to the spouse and children under 21 of a foreign national who hold a valid work permit or other type of visa in the Republic.

The Visa may be issued for up to five years, but in the case of a Dependent of a non-Palauan, shall expire no later than the date of expiration of the Visa held by the person of whom the person is a dependent.

The Nonresident Worker will then be issued a Nonresident Worker Work Permit valid for not more than two (2) years from the date of issuance of the Work Permit.

| | Skilled Workers | $150.00(1 year) | $300.00(2 years) |

10.1 Applications for renewal/extension of the Work Permit shall include the following information:

b) Copy of Passport which expires no less than six (6) months from the date of renewal application;

c) Republic of Palau National Police Clearance;

d) A Health Clearance, in English, and

e) Copy of Worker's expiring Work Permit.

10.2 Applications for renewal shall be submitted at least fifteen (15) working days prior to the expiration of the worker's Work Permit. An Application submitted after the expiration date of the worker's Work Permit is deemed late. Late applications may be considered for approval at the discretion of the Director but will be subject to a fine of twenty five ($25.00) dollars, provided that any application that is over forty-five (45) days late may not be considered.