Immigration practice is a specialty in our jurisdiction. While all lawyers can apply for any visa in behalf of their clients, getting it right the first time or doing it smoothly takes years of familiarization with different immigration laws and procedures.  This simple article covers the general knowledge on working visas that usually applied by immigration practitioners.

Any foreign national (“expat” for brevity) coming to the Philippines (PH) for business, or for pleasure, or for reasons of health may be admitted under “Tourist/Business Visa” or commonly known as “9A Visa” (taken from Sec. 9[a] of C.A. 613 or the Philippine Immigration Act. Visas are commonly named based on their specific section under the law, e.g. 9G, 13A etc.) If that expat will be employed here in PH, it’s the Company that sponsors his working visa. The type of working visa depends on the type of Company applying. Here are the top common working visas applied by immigration lawyers:

1. 9G Visa

This is the most common multi-entry working visa applied by companies to their expats. A 9G visa allows their expats to work for 1, 2, or 3 years; depending on the duration of his employment, while elected company officials are allowed 1-year 9G visa. 9G Visa holders may bring their families here though visa inclusion application.

To start the process, the expat will apply for an Alien Employment Permit (AEP) before the Department of Labor. Upon filing of the AEP, the expat will also apply for a Provisional Work Permit (PWP) with the Bureau of Immigration (BI). Upon approval of the PWP, the expat can work immediately while waiting for his AEP, which is one of the requirements for 9G visa application. In short, the PWP acts as a bridge before the approval of his AEP.

Upon approval of his AEP, the expat may now file his 9G visa application. Once filed, the 9G application is set for hearing. During the day of the hearing, the expat is set for “data capturing” (photos and fingerprints taken) and interview by a BI Officer. After the hearing, the expat now waits for the approval or disapproval of his 9G Visa, which usually takes fifty (50) business days upon its filing. Upon approval and implementation of the 9G Visa, the BI issues to the expat his Alien Certificate of Registration Identification Card or commonly referred to as the “ACR I-Card”. Please note that an expat with a 9G visa cannot leave PH without presenting his ACR I-Card. Likewise, an expat with 9G visa will be admitted as a tourist (9a) if he doesn’t present his ACR I-Card upon entry in PH.

2. EO226 Visa

Multiple entry visa under Executive Order No. 226 (as amended) or simply referred to as “EO226” is a privilege granted to certain executive expats of multinational companies’ regional headquarters based in PH. To be eligible for an EO226 visa, the applicant should satisfy the following requirements:

1. The expat should hold an executive position in the Company
2. The expat’s salary should be at least USD12,000 or its equivalent in foreign currency per annum.

Upon the filing of the application, EO226 may be granted within 20 business days. The EO226 visa offers some perks over 9G visa like shorter processing time, the absence of the hearing and data capturing requirement, and exemption from AEP and ACR I-Card.

3. 47a2 Visa

Expats hired by Philippine Economic Zone Authority (PEZA) or Board of Investment-(BOI) registered companies may apply for multiple entry visa under Sec. 47(a)(2) of C.A. 613 or simply referred to as “47a2 visa”. Expat shall apply to PEZA or BOI (whichever applies) and his papers will be submitted to DOJ for endorsement. Upon DOJ’s endorsement, the BI shall issue the 47a2 visa.

This type of visa, like the EO226 and 9G, allows inclusion of family members and they can stay up to the same duration as the expat’s visa. In terms of the application process, it is similar to that of 9G’s as it requires an AEP and PWP as well and the processing period is almost the same. As for perks over 9G, there’s nothing much except for an exemption from payment of exit clearances whenever the visa holder leaves the country and ACR-I card requirements.

Downgrading

When the expat resigns or severed his employment, the company must downgrade the working visa (9G, EO226, or 47a2) back to tourist visa or 9A. The BI will not allow the expat to apply for a new working visa under another Company until his previous working visa has been downgraded.

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This article appeared in Gavel & Robe magazine Vol 2 Issue 1