(a) Any contractor, subcontractor, subsidiary, public/private partnership with the Government of the Virgin Islands, or any such venture in which public funds are used or made to secure any debt for any public works project, before employing any person, not a resident of the Virgin Islands shall:
(1) notify the Virgin Islands Employment Service as to:
(A) the unavailability of occupationally qualified residents;
(B) the number of nonresidents required; and
(C) the occupational classification of such workers, as established by the Commissioner of Labor;
(2) place a job order with the Employment Service with respect to each position to be filled by a nonresident; and
(3) cause to be advertised throughout the Virgin Islands notice of the existence of the vacancies in accordance with requirements set by the Director.
(b) Upon the expiration of ten (10) days after the advertisement required under subsection (a)(3) the Commissioner of Labor shall issue a clearance for the employment of nonresidents if no occupationally qualified residents are available.
(c) Any contractor or subcontractor who employs a nonresident prior to the issuance of a clearance under subsection (b) or otherwise violation of the provisions of this subchapter, in addition to any other penalties provided by law, shall:
(1) have deducted from the amounts due to him by the Government of the Virgin Islands, for every violation, the wages which were illegally paid to nonresidents;
(2) be fined not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) for each nonresident hired in violation of this subchapter; or
(3) have their license to do business in the United States Virgin Islands suspended for a period of six (6) months.
(d) The contractor of a subcontractor who violates this section shall be jointly and severally liable with the subcontractor for violations of this section.