Title
Guidelines for Special Visa for Employment Generation
Law
Executive Order No. 758
Decision Date
Oct 20, 2008
President Gloria Macapagal-Arroyo issues Executive Order No. 758, establishing guidelines for the issuance of a special visa to non-immigrants who will create job opportunities for Filipinos through trade, business, or industry in the Philippines.

Law Summary

Eligibility Criteria for SVEG

  • Foreigner must engage in viable, sustainable commercial investment/enterprise in the Philippines
  • Must exercise management authority including hiring, promoting, and dismissing employees
  • Must show genuine intention to remain indefinitely in the Philippines
  • Must not pose a risk to national security
  • Commercial enterprise must employ at least ten (10) Filipinos in compliance with labor laws
  • Conditions must be continually met to maintain the visa

Application Procedure for SVEG

  • Applications resolved by Commissioner of Immigration within 15 days upon payment of fees
  • Documentary proofs evaluated flexibly without strict procedural technicalities
  • Notice of Approval leads to registration and documentation at the Bureau of Immigration
  • Issuance of Alien Certificate of Registration (ACR) I-Card and Identification Certification (IC) upon payment
  • Status indicated as Special Non-immigrant with Multiple Entry Privileges and Conditional Extended Stay
  • Notice of Disapproval allows filing one Motion for Reconsideration within 15 days
  • Commissioner monitors continued compliance
  • All fees collected as government funds subject to audit

Revocation of SVEG

  • Grounds for revocation include failure to comply with conditions, fraud or misrepresentation, criminal conviction, and national security risk
  • Revocation leads to deportation, either summary or post-sentence
  • Deportation destinations include country of origin, nationality, or last residence prior to the Philippines

Implementing Rules and Regulations; One-Stop-SVEG Facility

  • IRR to be issued within 30 days by Commissioner of Immigration and relevant agencies
  • IRR ensures orderly issuance of SVEG
  • Establishment of One-Stop-SVEG Facility within Bureau of Immigration for processing related requirements
  • IRR effective 15 days after publication in two newspapers
  • Copies of IRR furnished to the President, Secretary of Justice, and National Administrative Register

Reportorial Requirements

  • Commissioner of Immigration to submit monthly reports to the Office of the President and Secretary of Justice
  • Certified copies of SVEG issued, with supporting documents, furnished to Secretary of Justice for recording and review

Construction of Executive Powers

  • Executive Order does not diminish Presidential and Secretary of Justice powers over Bureau of Immigration
  • Powers exercised pursuant to Revised Administrative Code and other laws and issuances

Separability Clause

  • Invalid or unconstitutional provisions do not affect remaining provisions, which remain in effect

Repealing Clause

  • Inconsistent executive issuances, departmental orders, and memoranda modified or repealed accordingly

Effectivity Clause

  • Executive Order takes effect 15 days after publication in two newspapers of general circulation

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