Legal basis and governing statute
- The order is issued pursuant to Section 3 of Commonwealth Act No. 613 (PIA of 1940), as amended.
- It provides guidelines for quota immigrant visa applications under Section 13 of Commonwealth Act No. 613.
Core policy rules on quotas
- An immigrant is a foreign national departing from abroad to reside permanently in the Philippines.
- An immigrant may be quota or non-quota.
- Section 13 limits admission of quota immigrants to not exceeding fifty (50) of any nationality for each year.
- Stateless persons are entitled to the annual quota of fifty (50).
- Under the principle of reciprocity, quota immigrant visas are not issued to foreign nationals of countries with which the Philippines has no diplomatic relations or that do not grant the same immigration privileges to Filipino citizens.
- Quota numbers terminate at the end of each calendar year, and unused quota numbers cannot be utilized for the following year.
- A quota number and the immigration visa must be issued during the same calendar or quota year.
Priority in allocating quota numbers
- In allotting quota numbers, the Commissioner of Immigration must accord preference status in this order of priority:
- First: applicants with qualifications, skills, or scientific, educational, or technical knowledge that will advance and be beneficial to the national interest of the Philippines.
- Second: applicants with sufficient capital for a viable and sustainable investment in the Philippines.
- The allocation of a quota number to a non-preferred immigrant applicant must be first come-first served, and only after allocation to preferred quota applicants.
Substantive qualifications for quota immigrant visas
- To qualify for a quota immigrant visa, the applicant must establish all of the following:
- The applicant possesses a valid passport (or equivalent document) and visa at the time the application is filed.
- The applicant does not belong to any class of excludible or deportable foreign nationals enumerated under Sections 29 and 37 of the PIA, respectively.
- There is a reciprocity arrangement between the applicant’s country and the Philippines based on, but not limited to, Department of Foreign Affairs circulars and issuances; this reciprocity requirement is waived for stateless persons.
- The applicant is among the preferred classes of foreign nationals specified in the order of preference for Item II.
Documentary requirements
- All applicants must complete the documentary requirements enumerated in the accompanying CHECKLIST OF DOCUMENTARY REQUIREMENTS FOR APPLICATIONS FOR CONVERSION TO QUOTA IMMIGRANT.
- The checklist of documentary requirements is made an integral part of the memorandum order as an Annex A.
Screening committee and processing workflow
- A Screening Committee under the Office of the Commissioner is created to facilitate processing of quota immigrant visa applications under Section 13 of C.A. No. 613, as amended.
- The composition of the Screening Committee is determined by the Commissioner through an appropriate Personnel Order.
- All applications for change of admission status and issuance of visa to quota immigrants must be placed under the Visa Issuance Made Simple (VIMS) program.
- Application fees for quota immigrant visas must be assessed and paid in full before the application is accepted for filling.
- Immediately upon payment of fees, the application must be forwarded to the Screening Committee for raffling to designated hearing officers.
- Upon receipt, the hearing officer has fifteen (15) days to resolve the application.
- Within the same 15-day period, the hearing officer must transmit the application and recommendation (approving or denying) to the Chairman of the Screening Committee.
- The Chairman must prepare a list of qualified applicants by nationality and in the order of preference specified in Item II, and transmit it to the Commissioner of Immigration for final action.
- The Commissioner must grant the quota immigrant visas and implement them by himself or through his designated representative.
- The grant must be stated in an Order signed by the Commissioner, indicating:
- the nationality,
- the Official Receipt No.,
- the Quota Allotment Number, and
- the date of Issuance.
- Qualified applicants must be notified by registered mail.
- Approved quota immigrant visa listings must be posted at the Bureau of Immigration, Main Office, in public-accessible places, and on the Bureau’s official website.
Registration and ACR-I card issuance
- A certified true copy of the Orders granting the quota immigrant visa must be transmitted to the Chief, Alien Registration Division (ARD).
- The Chief, ARD must cause the registration of approved quota immigrant applicants and the issuance of ACR-I Cards.
- No other documents are required for registration except:
- True copy of the Order of Approval;
- True copy of the implementation stamp appearing on the applicant’s passport; and
- Original or true copy of the Official Receipts evidencing payment of the I-Card fees.
- The I-Card must be released within 24 hours from the time the I-Card application is filed.
Final provisions, repeals, and administrative action
- All previous circulars, orders, and/or instructions inconsistent with the memorandum order are deemed repealed, amended, and/or modified accordingly.
- The memorandum order is effective immediately.
- Copies must be filed with the ONAR at the UP Law Center, UP Law Complex, Diliman, Quezon City.