American Samoa Work Permit and Employment Residence in 2026

Foreign nationals moving to American Samoa for an ordinary local job generally need employment-based territorial immigration approval, not a U.S. work visa. The current American Samoa Government Department of Legal Affairs page identifies Form P-45 as the employment-based immigration petition used for foreign nationals seeking residence through employment.

The system is sponsor-based and labor-market-sensitive. Territorial law requires prior written approval before an alien seeks or starts employment, and the Immigration Board can require evidence that the worker is needed and that permanent residents are not available for the job.

P-45 is the current employment-based residence petition

The Department of Legal Affairs residency page says foreign nationals immigrating based on employment complete P-45, Employment-Based Immigration Application. The form is obtained from the Immigration Office.

The currently published government charges are:

| Item | Current published amount | |---|---:| | Employment-based residency application | $75 USD | | Immigration ID card | $30 USD | | Immigration bond | Varies by country of origin |

The bond is paid after approval and is not presented by the government as one universal fixed amount.

Approval is required before entry for the residency petition

The current government page emphasizes that employment-based and family-based residency petitions must be completed, submitted and approved before the petitioner enters American Samoa for the approved residency purpose.

That is different from arriving as a visitor and later assuming a local job can be started. A short-stay visitor permit does not substitute for employment-residence approval.

Who can sponsor an employment applicant?

A.S.C.A. § 41.0408 provides that a person applying to remain generally needs a sponsor. Eligible sponsors include:

  • American Samoans;
  • nationals of the United States; and
  • partnerships or corporations authorized to do business in American Samoa.

For employment sponsorship, the Immigration Board must be satisfied of the need for the worker and the lack of permanent residents available for the employment. Numerical limitations can also apply depending on the worker's classification and statutory exception.

The sponsor assumes significant obligations. The statute makes the sponsor responsible for listed public debts and costs including medical bills, taxes, repatriation transportation, certain educational costs and other public debts of the sponsored person and dependents.

Written work approval is mandatory

A.S.C.A. § 41.0410 states that an employer may not knowingly employ an alien without prior written approval of the Immigration Board, and an alien may not seek or become employed without that written approval.

The law provides penalties for both unauthorized employment and unauthorized hiring, and an employment violation can also be a deportable offense for the alien.

The practical sequence is therefore more than “get a job offer.” A foreign worker should make sure the employment petition, sponsorship and Board approval align before work begins.

Labor-market preference rules

American Samoa's immigration law contains employment preference categories. A.S.C.A. § 41.0303 includes preferences for:

  • professionals or persons of exceptional ability whose services are sought by an employer and would benefit American Samoa; and
  • skilled or unskilled workers for non-temporary, non-seasonal jobs where a shortage of willing employable people exists in the Territory.

These statutory preferences sit within a numerical-limitation system, with exceptions for specified classes such as immediate relatives, certain government employees and guest workers.

This framework is why private claims that American Samoa has an “open work visa” are misleading.

Temporary and seasonal workers: P-50

The American Samoa Administrative Code's immigration forms include P-50, Petition for Temporary or Seasonal Worker. The regulations therefore recognize a temporary/seasonal worker process distinct from the P-45 profession/occupation petition.

The current public Department of Legal Affairs residency page does not publish a modern online P-50 service card with a current processing-time promise or updated fee schedule. Older regulations contain legacy fees, but because those figures may not reflect current administrative charging, applicants should confirm the present P-50 fee and document list directly with the Immigration Office rather than relying on an old amount.

For one example of how the forms are distinguished, the immigration rules state that ministers and missionary workers use P-45 when the stay is more than one year and P-50 when the stay is one year or less.

Employment-based residence is not a digital nomad visa

There is no dedicated American Samoa digital nomad visa or remote-worker permit in the current public immigration system.

P-45 is structured around a local employment relationship and sponsorship. A short visitor permit should not be treated as a substitute work authorization. The published law does not create a special exception called “digital nomad,” “remote employee,” or “foreign freelancer.”

If the real plan is to work online for an overseas company while physically in American Samoa, obtain written guidance from the Immigration Office on the appropriate status before working. For countries with explicit remote-work programs, browse /visa-types/digital-nomad-visas.

Documents and evidence

The current public page identifies the P-45 form, fees and bond requirement but does not publish every supporting document for every occupation online. Applicants should expect Immigration to verify identity, sponsor/employer information, relationship to the job, admissibility and any classification-specific evidence.

The broader statutory framework makes several points important:

  • the person must have an eligible local sponsor;
  • the Board can examine local-worker availability and need;
  • numerical limitations or preferences can apply;
  • employment needs written approval before it begins; and
  • alien registration requirements apply to qualifying residents.

Occupation-specific licensing is separate. Doctors, lawyers, contractors and other regulated professionals may need approval from the competent licensing authority in addition to immigration permission.

Processing time

The current Department of Legal Affairs P-45 service information does not publish a universal processing-time guarantee for employment-based residency.

Do not confuse the visitor-permit 3–5-business-day filing window or the foreign-investor statute's separate 15-day decision rule with P-45 processing. Employment cases can involve sponsor review, Board consideration, quota/preference questions, clearances and bond formalities.

Registration-card validity

A.S.C.A. § 41.0309 says that, except for specified categories, a registered alien's receipt card is issued for a period not exceeding 12 months. Permanent residents and certain children of U.S. nationals can receive cards for up to three years.

That card duration is not the same as a promise that every employment petition will be approved for exactly 12 months. The person's immigration basis and employment approval remain controlling.

Changing employer or losing the job

American Samoa's sponsorship system is status-sensitive. A.S.C.A. § 41.0407 says a person who ceases to hold the professional, business, employment, matrimonial or other status that entitled the person to enter or remain is treated as seeking entry from the date the status ends. The person must notify the Attorney General within 15 days of the status change.

A.S.C.A. § 41.0408 also says sponsorship can be transferred from one employer to another if the Board is satisfied of the need and the lack of permanent residents for the employment. In ordinary cases, a sponsored person can remain for up to 20 days after sponsorship is revoked or employment terminates, subject to the statute's conditions and the Board's authority.

Do not assume a job change is immigration-neutral.

Family members

Family members do not automatically become P-45 workers merely because the principal has an employment-based petition. Depending on the relationship and circumstances, the family-based residence route may apply.

A family member who plans to work should separately confirm employment authorization because territorial law regulates alien employment independently.

Guest worker program is a different route

American Samoa also has a special guest worker permit, but it is extremely narrow. It is for qualifying people of Samoan ancestry born in the Independent State of Samoa who are sponsored for specified cannery or call-center employment under Chapter 09 of Title 41.

That program should not be confused with ordinary P-45 employment immigration.

Permanent residence implications

Ordinary lawful residence can matter for the territorial permanent residence rules. One statutory basis requires at least 20 years of continuous physical and legal presence plus good moral character.

However, simply holding an employment-based status for a short period does not create automatic permanent residence. Continuous legal status and the exact statutory basis must be proven when applying.

Common mistakes

  • assuming a U.S. work visa automatically authorizes employment in American Samoa;
  • starting work before written Immigration Board approval;
  • treating visitor permission as a work permit;
  • confusing P-45 with the narrow guest-worker chapter;
  • quoting a universal P-45 processing time that the government does not publish;
  • ignoring the country-dependent immigration bond;
  • changing sponsor/employer without immigration review; and
  • assuming a business license alone creates personal work/residence rights.

Frequently asked questions

What is the American Samoa work visa called?

The current government residence process uses P-45 employment-based immigration. “Work visa” is common search terminology, but American Samoa uses its own territorial petition, sponsorship and Board-approval framework.

How much does P-45 cost?

The Department of Legal Affairs currently lists $75 for the application and $30 for the immigration ID card, plus a bond that varies by country of origin after approval.

Is there a minimum salary for P-45?

The current public P-45 page does not publish one universal immigration minimum-income threshold. Employment must still comply with applicable wage and labor law.

How long does P-45 take?

The current government residency page does not publish a universal decision time. Applicants should obtain a current estimate from Immigration for the particular case.

Can I freelance or work remotely under P-45?

P-45 is an employment-based petition tied to sponsorship and territorial approval. American Samoa does not publish a separate freelancer or digital-nomad category. Do not assume a foreign-client arrangement fits P-45 without Immigration confirmation.

Related American Samoa routes

See the American Samoa immigration hub, family residence, guest worker permit, and permanent residence. Explore the Oceania hub and /visa-types directory for alternatives.

Verified against current American Samoa Government immigration material and Title 41 on 15 September 2026. This page has not been legally reviewed.

Official and supporting sources

Related routes in American Samoa