Work permits and visas in American Samoa

American Samoa, an unincorporated territory of the United States, has its own immigration regulations that differ from those of the mainland U.S. Foreign nationals seeking to work in American Samoa must obtain the appropriate work permits and visas. Understanding these requirements is crucial for both employers and employees to ensure compliance with local laws. While American Samoa generally follows U.S. immigration law principles, specific procedures and requirements are tailored to the territory's needs.

Navigating the work permit and visa process can be complex. Employers sponsoring foreign workers must adhere to stringent guidelines and documentation requirements. Employees, on the other hand, need to meet eligibility criteria and maintain compliance throughout their stay. The American Samoa Immigration Office oversees these processes, and staying informed about the latest regulations is essential for a smooth and legal employment experience.

Common Visa Types for Foreign Workers

American Samoa doesn't have a wide range of visa options specifically tailored for employment like some larger nations. However, depending on the nature of the work and the worker's nationality, several visa types may be applicable or necessary to consider.

• E-2 Treaty Investor Visa (via the United States): Individuals from countries with a treaty of trade and navigation with the United States may be eligible if they are investing a substantial amount of capital in an American Samoa enterprise. This visa allows the investor to work in the U.S., including American Samoa, to develop and direct the enterprise. This visa has specific requirements for investment size and the creation of jobs.

• H-2B Visa (via the United States): This non-immigrant visa is for temporary non-agricultural workers. If American Samoa employers can demonstrate a temporary need for labor that cannot be met by local workers, they can petition for H-2B workers. There are specific requirements to prove the temporary need and to recruit U.S. workers before seeking H-2B visas.

• Other options: Depending on the applicant's citizenship and circumstances, other pathways might exist. These may require extensive coordination with U.S. immigration authorities.

Work Permit Application Requirements and Procedures

Obtaining a work permit in American Samoa involves a multi-step process that requires careful preparation and adherence to local regulations. The American Samoa Immigration Office is the primary authority responsible for processing work permit applications.

Key Requirements:

• Job Offer: A valid job offer from an American Samoa employer is a fundamental requirement. The job must be one that cannot be readily filled by a qualified local worker.
• Labor Clearance: Employers typically need to obtain a labor clearance from the Department of Human Resources, demonstrating that efforts were made to recruit local workers and that no qualified local candidates are available.
• Application Form: Complete the prescribed work permit application form accurately and truthfully.
• Supporting Documents:
  • Passport copies
  • Educational credentials
  • Professional licenses or certifications (if applicable)
  • Proof of funds for repatriation (if required)
  • Police clearance certificate from the applicant’s country of origin
• Employer Sponsorship: The employer must act as the sponsor, providing documentation about the company's legal status, financial stability, and ability to employ foreign workers.

Application Procedure:

1. Employer Files Petition: The employer initiates the process by filing a petition with the American Samoa Immigration Office.
2. Document Submission: Both the employer and the employee must submit all required documents.
3. Review and Verification: The Immigration Office reviews the application and may conduct interviews or request additional information.
4. Approval and Issuance: If approved, the work permit is issued, specifying the terms and conditions of employment.
5. Visa Application (if required): Depending on the worker's nationality, they may need to apply for a visa at a U.S. embassy or consulate to enter American Samoa legally.

Step	Description	Estimated Time
Job Offer & Acceptance	Applicant receives and accepts a job offer from an American Samoa employer.	1-2 weeks
Labor Clearance	Employer seeks labor clearance, demonstrating local recruitment efforts.	4-8 weeks
Application Filing	Employer and employee compile and submit the work permit application with all required documents.	2-4 weeks
Review & Processing	The American Samoa Immigration Office reviews and processes the application.	6-12 weeks
Visa Application	If necessary, the employee applies for a visa at a U.S. embassy or consulate.	2-8 weeks

Pathways to Permanent Residency

While initially focused on temporary work permits, some foreign workers may explore options for permanent residency in American Samoa. It's essential to understand that obtaining permanent residency can be a complex and lengthy process.

• Sponsorship through Family: Individuals with close family members who are U.S. nationals or permanent residents of American Samoa may be eligible for sponsorship.
• Long-Term Employment: After several years of continuous employment in American Samoa under a valid work permit, some individuals may explore options for permanent residency, although this is not a guaranteed pathway and depends on individual circumstances and changes in immigration policies.
• Investment: Substantial investors who contribute significantly to the American Samoan economy might be able to pursue residency options. This typically requires creating jobs and making a significant capital investment.

Dependent Visa Options

Foreign workers who obtain work permits for American Samoa may be eligible to bring their immediate family members (spouse and minor children) to the territory. These dependents typically need to apply for dependent visas, which allow them to reside in American Samoa for the duration of the primary visa holder's employment.

• Eligibility: Dependents must be the spouse or unmarried children (under a certain age, typically 21) of the primary visa holder.
• Application Process: Dependents need to file a separate application, providing proof of their relationship to the primary visa holder (e.g., marriage certificate, birth certificates).
• Restrictions: Dependents are generally not allowed to work in American Samoa unless they independently qualify for a work permit.

Visa Compliance Obligations for Employers and Employees

Maintaining compliance with visa regulations is crucial for both employers and employees to avoid penalties and ensure legal status in American Samoa.

Employer Obligations:

• Sponsorship Responsibilities: Employers must fulfill their sponsorship obligations, ensuring that the terms and conditions of employment are met.
• Record Keeping: Maintain accurate records of all foreign employees, including their visa status, work permits, and other relevant documentation.
• Reporting Changes: Employers must promptly report any changes in the employee's employment status, such as termination or resignation, to the American Samoa Immigration Office.
• Compliance Audits: Be prepared for compliance audits by immigration authorities to verify adherence to regulations.

Employee Obligations:

• Adherence to Terms: Employees must adhere to the terms and conditions of their work permits, including the specific job, employer, and duration of employment.
• Visa Validity: Ensure that their visa remains valid throughout their stay in American Samoa.
• Reporting Changes: Employees must report any changes in their personal circumstances, such as a change of address or marital status, to the relevant authorities.
• Compliance with Laws: Comply with all applicable laws and regulations of American Samoa and the United States.

Obligation	Employer	Employee
Accurate Record Keeping	Maintain detailed records of foreign employees' visa status, work permits, and employment terms.	Keep copies of all immigration documents, including visas, work permits, and any related correspondence.
Reporting Requirements	Report any changes in employment status (termination, resignation) to the Immigration Office promptly.	Report any changes in personal circumstances (address, marital status) to the relevant authorities.
Compliance with Terms	Ensure compliance with all terms and conditions of the work permit and sponsorship agreement.	Adhere to the terms and conditions of the work permit, including the specific job and employer.
Visa Validity	Monitor visa expiration dates and initiate renewal processes in a timely manner.	Ensure that the visa remains valid throughout the stay in American Samoa.
Legal Compliance	Adhere to all applicable laws and regulations of American Samoa and the United States.	Comply with all applicable laws and regulations of American Samoa and the United States.