Rules on Provisional Work Permit

The rules establish a Provisional Work Permit (PWP) mechanism for aliens who begin employment while their Alien Employment Permit (AEP) or 9(g) employment [commercial] visa applications are pending.
The rules align with prior BI memoranda that previously treated an AEP application as provisional authorization while AEP processing is ongoing.
The rules address a procedural gap created when fewer aliens continue to pursue 9(g) employment visas after applying for an AEP.

Section 1(a) requires aliens who have commenced employment while their AEP or 9(g) employment [commercial] visa applications are still pending to secure a Provisional Work Permit (PWP).
The PWP requirement covers the period when the alien’s substantive application for either the AEP or 9(g) is pending and employment has already begun.

Section 2(a) requires the Petitioner-Company to submit the following documents for PWP:
Section 2(a)(1) requires a letter-request from Petitioner-Company containing an undertaking to withhold and remit BIR taxes due on all income of the applicant, and a statement that all documents submitted were legally obtained from the corresponding government agencies.
Section 2(a)(2) requires a Consolidated General Application Form duly accomplished and notarized.
Section 2(a)(3) requires a photocopy of the Applicant’s passport showing the bio-page and authorized stay of at least 20 days.
Section 2(a)(4) requires proof that the Applicant has secured a Taxpayer Identification Number.
Section 2(a)(5) requires a photocopy of the official receipt for application for an AEP or a photocopy of the AEP.
Section 2(a)(6) requires either:
- Photocopy of SEC Registration, Bylaws, and Articles of Incorporation in case of a corporation or partnership, or
- Photocopy of DTI Certificate of Registration of Business Name in case of a single proprietorship.
Section 2(a)(7) requires a photocopy of the Employment Contract specifying the exact compensation to be earned by the Applicant.

Section 3(a) provides that the PWP is valid for three (3) months.
The PWP validity also ends earlier if a 9(g) working [commercial] visa is issued in favor of the Applicant, because validity lasts “or until” issuance of that visa, whichever comes first.

Section 6(a) provides that the Circular takes effect fifteen (15) days from publication.
Section 6(a) also provides that the Circular takes effect fifteen (15) days from receipt by the Office of the National Administrative Register (ONAR), U.P. Law Center, U.P. Diliman, Quezon City.
The issuance is dated December 13, 2013 and bears the signature of SIEGFRED B. MISON, Officer-in-Charge.

Section 5(a) repeals, amends, or modifies all circulars, issuances, and memoranda that are inconsistent with this issuance.