Micronesia (FSM) work permit for foreign workers

Section 103(6) of the Immigration Act provides an alien worker permit once the worker has complied with the national laws on private or government employment, for the period the employment contract authorises, renewed when the employment is extended. The Immigration Regulations split it into two kinds: government workers employed by the national, state or municipal governments, whose permit is issued on presentation of the contract, and non-government workers, whose permit is applied for by the employer with proof of compliance with Title 51, the Protection of Resident Workers Act.

United States citizens may live and work in the FSM without permits. Short-term contract work of under 90 days can be done as a short-term visitor if a copy of the contract is given to the Division, and Title 51 does not apply to temporary employees brought in for up to 90 days, with extensions capped at 180 days in total. The Division's entry permit form covers all permit types, including short-term contract work of up to 90 days, except private-sector employment.

Title 51 gives qualified resident workers preference and allows nonresidents only to supplement them. The employer files an application describing the business, the number and qualifications of workers, wages and start date; if no qualified residents are referred, the vacancy is publicised for 30 days in the area of employment and 15 days elsewhere before a nonresident may be hired.

The employer then signs a nonresident employment agreement with the government stating the immediate need, the wage for each job classification, acceptance of minimum employment conditions, the period after which residents must be sought again, and the employer's duty to pay the worker's return transportation. The worker gives a sworn affidavit showing at least two years' experience in the job, marital status and dependants, and no felony or moral-turpitude conviction; the employer supplies a contract stating job title, duration, place of work, weekly hours, regular and overtime pay and any deductions for living costs.

Every entry permit application must include a police clearance from the last place where the applicant lived for at least six months, showing no conviction for a felony or a crime of moral turpitude, and a doctor's written certificate of good health; people who have already lived in the FSM for six months before applying need neither. The Division's checklist adds a copy of the passport data page, one passport photo signed on the back and, where relevant, a notarised affidavit of support or dependency. At entry the passport must be valid for at least 120 days beyond the authorised stay, and every arriving non-citizen completes the Immigration and Departure Control Record, Form 5004.

The Immigration Regulations of 2005, published by the FSM Embassy in Washington, set the entry permit fee at 50 US dollars for a non-government worker and 5 dollars for a government worker, paid when the application is made. Five dollars of each fee is non-refundable and the balance is refunded if the permit is denied. Changing from another permit type to a worker permit costs a further 1,000 dollars, which citizens of the Marshall Islands and Palau do not pay.

Permits must be applied for and paid before arrival, and the permit has to be carried on entry; a person who arrives without the required permit must meet the change-of-status rules, including the fees, before one is issued. Renewals are made in person at the nearest Division office with the passport and current permit, at least 30 days before expiry and before the permit runs out; the holder does not have to leave the FSM to renew.

A worker may only do the work and activities the permit is issued for and may not take other paid work outside the contracted employer. Moving to another employer during the contract needs a change-of-employment permit and a fee of at least 1,000 dollars, and a second job needs an application to the Chief of Labor, a contract for services between the two employers and the same fee; US, Marshall Islands and Palau citizens are exempt from these fees. The worker carries the identification certificate issued by the Division at all times. If the employment ends, for example by dismissal, the entry permit can be revoked at any time. Non-citizens who live in the FSM for 90 days or more in a calendar year must register in person at the nearest Division office by 31 January each year (by 30 June for those living outside Kosrae, Pohnpei, Yap and the Chuuk Lagoon islands). They must also tell the Division in writing of any change of address, because notices are sent to the last address on file.

A permit can be denied or revoked for wilfully false or misleading information, a felony or moral-turpitude conviction, a serious communicable disease and the other grounds in section 107 of the Immigration Act. Anyone aggrieved by a decision can file a notice of appeal with the local immigration office, which holds a hearing within 10 days and decides in writing within 5 days; the next step is a committee hearing in Palikir requested within 15 days, and after that judicial review. The Chief can also issue citations, for example 1,000 dollars for activities the permit does not allow and 100 dollars per day of overstay, and unlawful presence can lead to up to two years in prison, a fine of up to 10,000 dollars, or both.