PRE-ARRANGED EMPLOYMENT VISA
fulfill the requirements of Immigration Act, Section 9 para. (g) and
Section 20 para. (a) which provide:
“SEC. 9. Aliens departing from any place outside the
Philippines, who are otherwise admissible and who qualify within one of
the following categories, may be admitted as non-immigrants:xxx
“(g) An alien coming to prearranged employment, for whom the
issuance of a visa has been authorized in accordance with Section Twenty
of this Act, and his wife, and his unmarried children under twenty-one
years of age, if accompanying him or if following to join him within a
period of six months from the date of his admission into the Philippines
as a non-immigrant under this paragraph. (As Amended by Rep. Act No.
505).
xxx
“SEC. 20(a) a passport visa for non-immigrant referred to in
Section Nine (g) of this Act who is coming to prearranged employment
shall not be issued by a Consular Officer the Consular Officers shall
have received authorization for the issuance of the visa. Such
authorization shall be given only on petition filed with the
Commissioner of Immigration establishing that no person can be found in
the Philippines willing and competent to perform the labor or service
for which the non-immigrant is desired and that the non-immigrant’s
admission would be beneficial to the public interest. The petition
shall be made under oath in the form and manner prescribed by
regulations, by the prospective employer or his representative. The
petition shall state fully the nature of the labor or service for which
the non-immigrant is desired, the probable length of time for which he
is to be engaged, the wages and other compensation which he is to
receive, the reason why a person in the Philippines cannot be engaged to
perform the labor or service for which the non-immigrant is desired and
why the non-immigrant’s admission would be beneficial to the public
interest. The petition shall be accompanied by a certified copy of any
written contract agreement entered into for the immigrant’s service and
shall contain such additional information as may be deemed material.
Substantiation of all the allegations made in the petition shall be
required and the allegations that no person can be found in the
Philippines willing and competent to perform the labor or service for
which the non-immigrant is desired and that the non-immigrant’s
admission would be beneficial to the public interest shall be
established beyond doubt by convincing and satisfactory evidence.”
2. No petition for change of category from one class of
non-immigrant to pre-arranged employee under Section 9 para (g) shall be
allowed, unless negotiations for such employment have started and a
petition for the issuance of a pre-arranged employment visa has been
previously filed with the Commissioner on Immigration prior to the entry
of the alien concerned in the Philippines. (Opinion of the Secretary of
Justice 28 August 1958).
3. A petition for pre-arranged employment visa shall state the
matters enumerated in Section 20 para (a) and shall be supported by the
following documents establishing that a) no person can be found in the
Philippines willing and competent to perform the labor or services for
which the non-immigrant is desired and that b) the non-immigrant’s
admission would be beneficial to the public interest:
1. Letter request from the petitioning company;
2. Application firm duly filled-up and notarized;
3. Bio data of the employee;
4. Certified copy of any written contract or agreement entered into for the immigrant’s service;
5. Articles of Incorporation of the petitioning company;
6. SEC Certificate of Registration of the petitioning company;
7. Alien employment permit from Department of Labor and Employment;
8. Affidavit of support/guaranty;
9. Xerox copy of the passport of the employee; and
10. Income Tax Return of the petitioner;
11. Such other documents as may be deemed necessary and material to an adequate evaluation of the petition.
4. A petition for pre-arranged employment visa shall be raffled
among the three (3) Board of Special Inquiry (“BST”). Upon finding/and
certifying a petition to be complete, the BSI shall calendar the
petition for hearing in open court and notify the petitioner at least
three (3) days before the scheduled hearing. No postponement shall be
granted. The BSI shall hear petition continuously within a period not
exceeding two (2) days.
The petitioner shall present not more than two (2) witnesses in
support of its petition. Any third party may file an opposition to the
petition which likewise shall be heard in open court. The BSI shall
submit its recommendation to the Board of Commissioner the day following
the termination of the hearings in open court.
5. If the Board of Commissioner finds that the petition complies
with the requirements of Sec. 20 para. (a) and that the petitioner has
established the facts entitling him to the authorization, the Board
shall grant the petition and the Commissioner shall so inform the
petitioner and promptly transmit the authorization to the consular
office at which the non-immigrant is to apply for a visa. (Sec. 20 para .
(b).
If the alien was admitted to the Philippines under a different class
of non-immigrants, after a petition for the issuance of a pre-arranged
employment visa was filed with the Commission on Immigration, a petition
for change of category shall likewise be filed, showing clearly the
facts which warrant the grant. In such case, the Commissioner may waive
the requirement that the pre-arranged employment visa be obtained at the
consular office abroad.
6. The Board of Commissioners shall meet on the first and third
Monday of each month to deliberate on the petitions for pre-arranged
employment visa. Petitions which have been duly heard by the BSI and
for which it has already issued recommendations shall be calendared for
the immediately succeeding board meeting.
7. Application for extension of pre-arranged employment visa shall
be filed with the same BSI that initially heard the application, at
least one (1) month before the expiration of the authorized stay. The
application shall set forth such facts as may be necessary to show that
the bases for the grant of the original petition continue to exist. In
addition to the documents listed in paragraph 3, above, the applicant
shall submit proof that the taxes due on the compensation of the
pre-arranged employee have been duly paid.
Upon finding and certifying an application to be complete, the BSI
assigned shall conduct a hearing by requiring the applicant and the
pre-arranged employee to appear and answer such questions as they may
propound. The BSI assigned shall submit its findings to the Board of
Commissioners the day following the conduct of the investigation.
Only the Board of Commissioners shall approve applications for
extension. Applications for which the BSI has already issued
recommendations shall be calendared for the immediately succeeding Board
meeting.
The extension of pre-arranged employment visa shall not exceed one
(1) year at time, and in no case beyond the effectivity of the
employment contract.
Adopted: 3 Feb. 1988
(SGD.) MIRIAM DEFENSOR SANTIAGO
Commissioner