IMPACT – MEDIUM

What is the change? The Department of Labor and Employment has introduced a new requirement for Alien Employment Permit (AEP) applications.

What does the change mean? Employers must now submit a Board Resolution authorizing and designating the signatory for the contract of employment and other supporting documents.

  • Effective dates: Immediate and ongoing.
  • Visas/permits affected: AEP applications.
  • Who is affected: All companies submitting AEP applications for their foreign employees.

Additional information: AEP applications must be submitted with a Board Resolution that designates and authorizes a company signatory unless the signatory’s name already appears on the General Information Sheet for the sponsoring entity. The company signatory must be in a managerial position and must be the one to sign both the contract of employment and other supporting documents.

Analysis and Comments: The change adds a new step for AEP applications requiring the sponsoring company to submit a Board Resolution authorizing the signatory. Companies may choose to have a managing executive who appears on the General Information Sheet or Secretary’s Certificate sign employment contracts and AEP supporting documents as an alternative to submitting Board Resolutions. However, it is possible that a Board Resolution will be required even if the signatory is already listed on the General Information Sheet or Secretary’s Certificate. Employers should consult their immigration advisor to consider the most effective practice for their global mobility program.

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