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EAC says immigration reform should include streamlining renewal process and revising existing policy
The Economic Advisory Council in its report on policy reform submitted to Governor Togiola Tulafono is recommending that immigration reform include streamlining the immigration renewal process as well as revising existing immigration policy.
“Attracting new and possibly foreign investment dollars will necessitate a review of our current immigration practices to see how new investors in our community can cope with a process that will be proactive in assisting to employ the expatriate or guest workers who may be needed,” the report says.
The Council has made it clear that the intent of any immigration reform should not favor expatriate workers over American Samoan workers, and existing policy that requires evidence that the role could not be filled from existing American Samoan resources as part of an entry permit application is encouraged and should be retained.
The EAC says there needs to be a method of matching the immigration term with the term of the asset invested. One suggestion is to provide “investment entry permits” that will allow the investor to remain in the territory for either the term of the employment contract or the perceived term of the investment (depending on the level of the investment), on the proviso that the applicant maintains a clean criminal record.
This and other areas where improvement is needed in the immigration process was detailed in the 2006 American Samoa Private Sector Assessment prepared by the Department of The Interior Office of Insular Affairs and the Council believes that these areas are still those most in need of urgent attention.
This includes the Attorney General delegating the administrative task of reviewing applications to an administrator within the Immigration Office to expeditiously move applications forward, provided all required criteria are met.
Also, work permission should be granted for 2 or 3 years instead of the current 1-year practice as this is a major issue for expatriates who often need to bring families with them, yet can obtain no more than a one year work permit.
“Even if 2–3 year entry permits are made available, the process of obtaining a renewal should be simplified,” the report says. “The existing process of obtaining a renewal is cumbersome, time consuming, and necessitates time off work and school to attend hearings and renewal arrangements.”
The report further states that, provided the applicant has a clean criminal record and intends working for the same corporation, renewal should be a simple matter and should extend to the term of the employment contract. Clearly, the community’s need for economic development must be addressed in a way to be sensitive to our culture and laws and therefore, the Council recommends working towards immigration processes that are fair, transparent, and efficient.
Another aspect of immigration policy, according to the report, should be to review our educational system to see what is being done to promote vocational education to have more American Samoans skilled in the trades like electricians, plumbers, diesel mechanics, refrigeration technicians and other trades which the local business community is currently employing from outside the territory.
The reports says that the existing Guest Worker program is a step in the right direction; however, based on discussions with both canneries, it does not appear to have solved the problem, with both canneries experiencing difficulty in attracting labor.
The EAC is recommending that the immigration renewal process be streamlined by:
• Delegating the task of renewal applications and simplifying the process by excluding involvement of senior immigration officials other than for more complex issues.
• Assigning a legal/immigration specialist to the immigration board to support the board.
• Simplifying the process. The existing process is very detailed and requires multiple visits to the immigration office and provided all documentation is in order, this should not be necessary.
• Reviewing the existing sponsorship program. Currently it is seen as an income generating exercise for many. (Employees should have more ability to sponsor workers).
• If an immigrant has a steady job and a clean police record, then renewal should be a simple process.
The EAC is also calling for a revision to the existing Immigration Policy. In its report, the Council states that entry permit terms that are reflective of the life of the asset invested should be pursued for investors who are committing capital for the benefit of the economy of American Samoa. For example, a building company under a specific contract should have an entry permit for the life of the contract, whereas a manufacturing investor that is building a factory should receive a longer term entry permit, say 5–10 years.
Furthermore, for contract employees, the entry permit should reflect the term of their contracts (and be sponsored by the employer). In both instances, according to the EAC, a process could be established where an annual confirmation certificate is provided which states that the conditions of entry remain and that a clean police record is held. If that is the case, then the file is noted with no need for renewal to occur. If that is not the case, the immigration status could be revoked.
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