PROCEDURES TO ABBREVIATE PROCESSING OF APPLICATIONS FOR PRE-ARRANGED EMPLOYMENT AND IMMIGRANT VISAS

1.  This supplements Law Instructions No. 26 dated 18 May 1988.

2.  Recognizing the need to expedite the procedures for processing
applications for pre-arranged employment and immigrant visas, in order
to meet the time frame, set forth in the Immigration Manual of February
1988, the following abbreviated procedures are adopted:

a.    The detailed checklists of the documentary requirements for
applications for pre-arranged employment and immigrant visas are set
forth in the Immigration Manual.  Before filing, applicant must make
sure that all these documentary requirements have been submitted
together with the application.  If, for any reason, any of the
documentary requirements are not applicable or cannot be submitted, an
adequate explanation must be given at the time of filing.  Submit only
two photocopies of the complete documents — one to be filed by the
applicant at the CID and the other to be stamped received by the
receiving clerk and returned to the applicant for his personal file. If,
for any reason, the application filed in the CID is lost the applicant
can present his copy of the documents as proof of submission;

b.    Have the two photocopies received at the ground floor
receiving area. Proceed to the BSI receiving clerk at the 4th Floor for
checking on the completeness of the documents.  If the application is
incomplete, the BSI receiving clerk shall return the application and
provide the applicant with a checklist of the additional documents to be
submitted.  If the application is complete, the BSI receiving clerk
shall certify on the face of the checklist that the documents are
complete.  This certification merely provides a basis for accepting the
application and is neither an admission as to the genuineness and
authenticity of the documents nor as to their sufficiency as proof of
the matters for which they are submitted.  It is understood that the
waiting time set forth in the Immigration Manual begins to run only from
the date the BSI receiving clerk certifies that the application is
complete.  However, even at any time after the documents have been
submitted, a member of the BSI assigned to hear the case or any of the
Commissioners or their authorized representative may request additional
documents to substantiate, supplement or clarify any matter stated in
the documents.  The running of the waiting time is suspended for the
period that a request for additional documents is not complied with;

c.    The BSI receiving clerk shall assign a docket number to the
applications and shall arrange the documents in the order indicated in
the Immigration Manual.  She shall request the Records Section to
transmit the previous records of the applicant, if any, and shall attach
the same to the pending application.  The Records Section shall
promptly comply with the request, or if there are no such records,
promptly inform the BSI receiving clerk accordingly. The BSI receiving
clerk shall then raffle the application among the three BSI or any other
committee that may be authorized by the Commissioner to hear the
application and shall calendar it for hearing in open court at the
earliest available date and time. To the fullest extent possible,
calendaring of the applications shall proceed on the basis of “first
come first served”, except in very exceptional case where the
circumstances clearly warrant an accommodation of the application as
certified by the Commissioner or the Associate Commissioners:

d.    The BSI receiving clerk shall give the applicant at least
three days notice of the scheduled hearing and shall advise him to bring
the original documents at least 30 minutes before the hearing for
examination, comparison with the copies filed and marking before a
member of the BSI assigned to hear the case and a member of the CID Law
and Investigation. No postponement shall be granted.  The BSI, shall
exert all efforts to complete the hearing of an application within a
period of 30 minutes to a maximum d one hour;

e.    In order to meet the time limits provided in the preceding
paragraph, an applicant or his lawyer shall be required to submit
affidavits alleging facts that would show that all the substantive
requirements for each application have been complied with and specifying
the particular exhibit supporting each and every allegation.  These
affidavits shall dispense with the direct examination of the witnesses
as well as the presentation of a formal offer of evidence.

The member of the CID Law and Investigation assigned to the case as
well as any member of the BSI shall propound clarificatory questions to
ensure full compliance with the requirements of the law and
implementing instructions.

Upon request of the counsel of the applicant, and upon a showing of
the necessity therefor, said counsel may be permitted to propound such
other questions on points not adequately established.

Adopted: 8 Aug. 1988

(SGD.) REGINA PADILLA GERALDEZ
Associate Commissioner