(a) The Commissioner of Labor shall appoint a qualified and responsible employee of the Department of Labor to administer, supervise and enforce or cause to be enforced the provisions of this section and section 740, and in this context may promulgate necessary regulations, conduct such investigations and institute such remedial action as may be required. Should remedial action be found to be required, the beneficiary would be required to pay for reasonable costs, as determined by the Board, of investigation.
(b) Any beneficiary applying for permission to hire nonresidents in accordance with subsection (d)(2) shall submit a specification of the number of nonresident workers required and their occupational classifications and wage rates to the Commissioner of Labor for review prior to any grant of permission to hire a nonresident. Upon receiving the information and material, the Commissioner shall:
(1) promptly supply the information and material to all labor unions operating in the Virgin Islands;
(2) at the expense of the beneficiary, give public notice of such employment opportunity; and
(3) assist the beneficiary in the recruitment of residents.
(c) The Commissioner of Labor shall provide an evaluation of those residents available in the labor market with the necessary skills suitable for employment by the beneficiary. All beneficiaries employing nonresidents shall annually prepare and file with the Commissioner of Labor a complete roster of all nonresidents and a detailed description of the positions held by such nonresidents. The Commissioner of Labor shall promulgate specific regulations governing compliance with these requirements.
(d) A beneficiary may not employ a person who is not a resident of the Virgin Islands unless:
(1) After hiring the nonresident, at least 80 percent of the beneficiary’s employees are residents of the Virgin Islands; or
(2) The Department of Labor has certified that:
(A) The beneficiary requested the Department of Labor’s assistance in filling the vacancy; and
(B) The Department of Labor was unable, within thirty working days after the beneficiary’s request, to refer any qualified applicants to the beneficiary for employment.
(e) The Commissioner of Labor shall report all violations of the resident employment provisions of this chapter to the Board.