Title
Guidelines for Special Visa for Employment Generation
Law
Executive Order No. 758
Decision Date
Nov 17, 2008
Gloria Macapagal-Arroyo's Executive Order No. 758 establishes a Special Visa for Employment Generation, allowing qualified non-immigrant foreigners to employ at least ten Filipinos in sustainable enterprises while enjoying multiple entry privileges and conditional extended stay in the country.

Law Summary

Qualifications for Availing the SVEG

  • The foreigner must directly engage in a viable commercial investment or enterprise in the Philippines.
  • Must exercise management authority including hiring, promoting, and dismissing employees.
  • Must demonstrate genuine intention to indefinitely remain in the Philippines.
  • Must not pose a risk to national security.
  • The enterprise must provide actual employment to at least ten Filipinos according to labor laws.
  • Continuous compliance with requirements is mandatory to maintain the visa status.

Application and Processing of SVEG

  • Applications filed with the Commissioner of Immigration include payment of regulatory fees.
  • The Commissioner must resolve applications within 15 days, evaluating evidence flexibly without strict procedural demands.
  • Upon approval, a Notice of Approval is issued, and applicants must register and document at the Bureau of Immigration.
  • An Alien Certificate of Registration (ACR) I-Card and Identification Certification (IC) are issued reflecting the special non-immigrant status.
  • Denied applicants receive a Notice of Disapproval and may file one Motion for Reconsideration within 15 days.
  • The Commissioner monitors ongoing compliance by SVEG holders.
  • All fees collected are official government funds subject to auditing.

Conditions for Revocation of SVEG

  • SVEG may be revoked if conditions are violated or if obtained fraudulently.
  • Conviction by final judgment for any crime in the Philippines leads to revocation.
  • If deemed a national security risk by competent authority, revocation shall occur.
  • Revocation triggers deportation: immediate if due to non-compliance, fraud, or security risk; post-sentence if due to conviction.
  • Deportation involves return to country of origin, embarkation, nationality, or previous residence.

Implementing Rules, Regulations, and One-Stop-SVEG Facility

  • Within 30 days from issuance, the Bureau of Immigration must promulgate IRR in coordination with DOJ, DOF, DTI, DFA, DOLE, NICA, and other stakeholders.
  • IRR will establish a One-Stop-SVEG Facility to assist foreigners with documentary requirements, including employment permits.
  • IRR takes effect 15 days after publication in two newspapers.
  • Copies of IRR must be sent to the Office of the President, Secretary of Justice, and the National Administrative Register at U.P. Law Center.

Monitoring and Reporting

  • The Commissioner of Immigration must submit monthly implementation reports to the Office of the President and Secretary of Justice.
  • Certified copies of issued SVEGs and supporting documents are to be furnished to the Secretary of Justice for recording and review.

Preservation of Executive and Departmental Authority

  • The Executive Order does not limit the powers of the President and Secretary of Justice over the Bureau of Immigration as provided by law.

Legal Provisions on Validity and Repeal

  • If any provision is declared invalid or unconstitutional, remaining provisions stay effective.
  • Provisions inconsistent with this Executive Order are repealed or modified accordingly.

Effectivity

  • The Executive Order takes effect 15 days after publication in at least two general circulation newspapers.

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