Attorney General Gwen Tauiliili Langkilde is recommending a moratorium on the special provision which allows corporations to sponsor foreigners to work for their businesses.
Speaking at a hearing of the Senate Government Operations Committee on Friday, the AG said a review of applications from corporations over a six month period most business plans that are submitted are for auto shops and sewing shops. She said there’s no cap for these types of businesses. The government needs to set a priority in terms of needs for foreign workers, she said. In addition she said tax returns provided by these companies show many are not making a profit. The AG said her concern is why are we continuing to bring in foreign workers if these companies are not showing a profit? “If there’s no profit, they are not paying taxes.”
Tauiliili-Langkilde said she has recommended to the Governor a moratorium on the special provision while they review what the government’s priorities should be, and also criteria that should be included for corporations that want to bring in foreign workers.
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The AG said these corporations should also have a responsibility to train our people.
The Chair of the Immigration Board, Fanene Edda Wyberski, said the Board will not approve foreign workers for businesses that are not 51% owned by locals. She said its common that application for foreign workers would indicate that the employees being brought in are skilled workers. But a lot of times they end up being cashiers. She also indicated that its been a long standing policy of the Immigration Board to limit foreign employees for specific types of businesses.
Fanene said construction companies generally bring in professionals such as civil engineers from New Zealnd and Australia.
Senator Togiola Tulafono who chaired the hearing asked about enforcement to check that foreign workers brought in for specific roles are employed in those jobs. According to Sam Fuimaono, Chief Immigration Officer, the Board ruling does not state a specific job for the foreigner that’s approved.
Togiola also pointed to the law which requires that companies must first advertise vacancies as proof that they are not able to get local employees. The report from the AG said 666 worers entered the territory under the special provision last year. Togiola said he does not recall 666 job vacancies advertised in the local newspaper. The most he’s seen he said was 2 or 3.
Senator Magalei Logovii asked if Asians who are operating roadside stalls entered the territory under the special provision. He said nearly all of the road side stalls are operated by Asian farmers and what concerns him is that farmers are exempt from paying taxes and it seems to him that these foreigners are getting that benefit. He said at a store in his village, a Samoan used to be a cahier but ended up stocking shelves while an Asian became the cashier. Now there’s no Samoan employee in that store, he said.
Director of the Department of Homeland Security Vaetagaloa Glenn Lefiti said four months ago the UUS State Department expressed concern about the number of Asians applying for US passports using local birth certificates. He told the hearing that from 2022 to 2025 there were 111 babies born in the territory of parents from Asian countries: 62 from the Philippines, 25 from China, 15 from Vietnam, three from Korea and one each from Spain,, India, Saudi Arabia, Spain, Thailand and Mexico.
Photo: Screen shot/Senate Media
