• Employers of Foreign Workers Subject to Stricter Regulations
  • April 7, 2015
  • Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
  • A new law has codified requirements and penalties for employers hiring foreign nationals, including a new requirement to submit a succession plan to the Labour Commissioner. The law is expected to be implemented July 1.

    Succession Plan

    The succession plan must set out a well-articulated strategy to train local workers on the foreign worker’s duties during each foreign national’s tenure. Currently, employers of foreign nationals are informally required to set internal mechanisms to ensure that local staff is sought out and trained for the purpose of work permit renewal applications.

    Centralized Governance

    The law also centralizes the regulation of work permits for foreign nationals to the Labour Commissioner, removing the immigration department from the process of work authorization. This should clarify the work permit application and issuance process since the law sets out application requirements.

    The eligibility rules for the two main work permit categories, Class A and Class B, will remain unchanged.

    Work Permit Registry

    The law also sets out the creation of a Work Permit Registry to be maintained by the Labour Commissioner, which will contain information submitted by employers regarding all foreign workers. The registry will be available to the public for a prescribed fee.

    What This Means for Employers and Foreign Nationals

    Employers of foreign workers should develop a succession plan for each foreign worker, and should continue to submit information on all foreign workers (now to a registry) in line with the stricter regulations.