Law Summary

1. Issuance of Pre-Arranged Employment Visa

• Legal Principle: The issuance of a Pre-Arranged Employment Visa is regulated under the Immigration Act, specifically Sections 9(g) and 20(a).
• Key Definitions:
  • Pre-Arranged Employment Visa: A visa for non-immigrants coming to the Philippines for employment previously arranged.
  • Non-Immigrant: An alien admitted to the Philippines under specific non-immigrant categories.
• Requirements:
  • The applicant must be authorized for a visa as specified in Section 20.
  • The prospective employer must demonstrate that no qualified local worker is available and that the non-immigrant's admission serves the public interest.
• Consequences: Failure to establish the required facts may result in denial of the visa.

2. Petition Requirements

• Legal Principle: A petition for a Pre-Arranged Employment Visa must detail specific labor needs and prove the necessity of hiring a foreign worker.
• Key Definitions:
  • Petitioner: The prospective employer or their representative filing the visa request.
• Requirements:
  • The petition must include:
    • Letter request from the company.
    • Completed and notarized application form.
    • Bio data of the employee.
    • Certified copy of the employment contract.
    • Company documents (Articles of Incorporation, SEC Certificate).
    • Alien employment permit.
    • Affidavit of support.
    • Employee's passport copy.
    • Income Tax Return of the petitioner.
    • Any additional necessary documents.
• Timeframes: No change of non-immigrant category is permitted unless initiated before the alien's entry into the Philippines.

3. Hearing Process

• Legal Principle: Petitions are reviewed by the Board of Special Inquiry (BSI) in a structured hearing process.
• Requirements:
  • The petition is raffled to one of the three BSIs.
  • A complete petition is scheduled for hearing within three days of notification.
  • Hearings are to be completed within two days, with a maximum of two witnesses allowed for the petitioner.
  • Third parties may oppose the petition.
• Consequences: No postponement of hearings is allowed; failure to comply may hinder the petition's approval.

4. Approval Process

• Legal Principle: The Board of Commissioners evaluates petitions based on compliance with Section 20(a).
• Requirements:
  • If the petition satisfies requirements, the Board grants approval and notifies the petitioner, sending authorization to the consular office.
  • For changes in non-immigrant status post-entry, a new petition demonstrating valid reasons is required.
• Consequences: Non-approval may result in denial of entry or status change.

5. Subsequent Board Meetings

• Legal Principle: Regular meetings of the Board of Commissioners are held to deliberate on pending petitions.
• Requirements:
  • Meetings occur on the first and third Monday of each month.
  • Petitions already reviewed by the BSI are prioritized for the next meeting.

6. Extension of Pre-Arranged Employment Visa

• Legal Principle: Extensions must be filed with the original BSI and require evidence of continued need.
• Requirements:
  • Applications for extensions should be submitted at least one month before the visa expires.
  • Must include proof of tax payments, alongside documents listed previously.
• Timeframes: Extensions are granted for up to one year, in alignment with the employment contract duration.

Key Takeaways

• The Pre-Arranged Employment Visa process is stringent and requires thorough documentation and justification for hiring foreign workers.
• The petition must be filed before the non-immigrant's entry into the Philippines, and hearings are strictly time-bound with no postponements allowed.
• Extensions of the visa require compliance with ongoing conditions and payment of applicable taxes.
• Regular meetings of the Board ensure timely processing of petitions, emphasizing the need for detailed and verifiable submissions.