Rules on SWP, PPW, and 9 Visa Issuance

The circular implements Memorandum Order AFF Jr. No. 05-009.
The circular references Section 1 of Memorandum Order AFF Jr. No. 05-009 for a non-extendible Special Work Permit (SWP) for non-resident aliens.
The circular references Section 2 of Memorandum Order AFF Jr. No. 05-009 for the use of the Alien Employment Permit (AEP) application as a Provisional Permit to Work (PPW) while the AEP is processed.
The circular references Section 4 of Memorandum Order AFF Jr. No. 05-009 for a simplified procedure for approval and issuance of a pre-arranged employment visa or working visa under Section 9(g) of the PIA, as amended.
The circular recognizes Section 5 of Memorandum Order AFF Jr. No. 05-009 as the authority for the Executive Director of the Bureau of Immigration to formulate implementing rules and regulations.

The SWP rules apply to non-resident aliens who will be employed in the Philippines for less than six (6) months and who are not performing artists or journalists.
The PPW rules apply to non-resident aliens who intend to work in the Philippines for more than six (6) months but not more than one (1) year.
The rules on approval and issuance of the 9(g) visa apply to all non-resident aliens who intend to work as pre-arranged employees in the Philippines and comply with the requisites in Section 20(a) of the PIA, as amended.
The PPW availability depends on whether the applicant holds an SWP, and on the intended duration of work.

The maximum validity for a Special Work Permit (SWP) is six (6) months.
A qualified applicant is granted an SWP for an initial validity of three (3) months.
An applicant who intends to work longer is granted a final extension of another three (3) months.

Holders of SWP who intend to work for a period longer than six (6) months must apply for a PPW with the Bureau of Immigration.
Non-holders of SWP who intend to work in the Philippines for a period more than six (6) months must likewise apply for a PPW.
Applicants for a 9(g) working visa who commence employment while their applications are still pending must secure a PPW.
A PPW has a maximum validity of one (1) year.

An Alien Employment Permit (AEP) is not required for the issuance of a PPW.
Proof of application for an AEP suffices in lieu of requiring an issued AEP.

A working visa application under Section 9(g) of the PIA is accepted upon submission of the minimum requirements.
Minimum requirements include:
- a duly accomplished and notarized general application form showing the applicant has no derogatory record with the Bureau;
- a petition or application letter signed by the authorized representative of the petitioning company or entity;
- a valid contract of employment; and
- an AEP together with the documents submitted to DOLE for issuance of the AEP.
All applications are subject to evaluation and verification of the assigned Legal Officer.
Additional documents may be required of the applicant when the need arises.

An approved application for a 9(g) working visa is valid for three (3) years or for a period co-terminus with the AEP issued by DOLE, whichever is shorter.
Fees for conversion of admission status from temporary visitor under Section 9(a) to pre-arranged employment visa under Section 9(g) are:
- Principal applicant: PHP 2,500 multiplied by the number of years authorized to work as reflected in the AEP; and
- Dependent: PHP 1,500 multiplied by the number of years the principal is authorized to work.
Fees for extension of 9(g) working visa are:
- Principal applicant: PHP 1,500 multiplied by the number of years authorized to work as reflected in the AEP; and
- Dependent: PHP 500 multiplied by the number of years the principal is authorized to work.

A One-Stop Processing Center under the Office of the Commissioner is created to accept and evaluate 9(g) working visa applications.
Five (5) Legal Officers are designated to process 9(g) working visa applications.
Legal Officers must ensure the authenticity of supporting documents and conduct necessary verification as required by each case.
After verification, Legal Officers must make recommendations to the Board of Commissioners (BOC).
Legal Officers must prepare an agenda showing the names of the applicants and their recommended action for deliberation by the BOC.

The circular takes effect five (5) days after its publication in a newspaper of general circulation.