Legal basis and related issuances
- Commonwealth Act No. 613 (Philippine Immigration Act of 1940) empowers the President, in cases where public interest so warrants and under prescribed conditions, to waive immigration requirements and admit as non-immigrants aliens coming for a temporary period only (Section 47(a)).
- Administrative Order (AO) No. 142, s. 1994 transfers to the Secretary of Justice (or duly authorized representative) actions on immigration matters, including waiver of visas and admission of aliens, except deportation matters.
- DOJ Department Circular No. 35, s. 2009 designates the Chief State Counsel as the authorized signatory of Section 47(a)(2) visa indorsements.
- The Circular updates legal fees by reference to Republic Act No. 9279, Section 54, Chapter 12, Book IV of EO 292 (Administrative Code of 1987), and BP Blg. 235.
Policy, purpose, and consolidation
- The Guidelines are issued to establish uniform rules for the judicious and efficient processing and disposition of applications and requests for Section 47(a)(2) Special Non-Immigrant Visas.
- The Guidelines also provide updated rates of legal fees to cover increased administrative costs for processing Section 47(a)(2) visa applications.
Eligible applicants and covered categories
- Section 1 allows issuance of Special Non-Immigrant Visas under Section 47(a)(2) to foreign nationals who are not expressly excluded from entering the Philippines under Section 29 of CA 613, as amended, and who fall under these categories:
- Employed as supervisors, specialists, consultants, contractors, or personal staff at enterprises registered with Export/Special Economic Processing Zones or the Board of Investments.
- Employed in enterprises with existing agreement/s with the government (including government-owned or controlled corporations and their subsidiaries) for completion of a project.
- Exchange professors, scholars, trainees, participants, students, fellows, and social workers under sponsorship of locally or internationally recognized educational, scientific, cultural, relief and charitable organizations, institutions, agencies, or foundations, including representatives of non-recognized foreign governments to any of the aforementioned.
- Volunteers registered with the Philippine National Volunteer Service Coordinating Agency, including foreign personnel of international rescue/aid organizations providing assistance during natural disasters and major emergencies.
- Dependents of foreign nationals covered under any of the foregoing categories.
Embassy/consulate visas; duration-fixing rule
- Section 2(a) requires foreign nationals in whose favor a Philippine Embassy/Consulate issued Special Non-Immigrant Visas valid for single entry and having no fixed period of validity to file an application under Section 3 to fix the duration of authorized stay in the Philippines.
- Section 2(b) exempts foreign volunteers registered with the Philippine National Volunteer Service Coordinating Agency, whose Philippine Embassy/Consulate visas are valid for a fixed period of one (1) year from date of issuance, from the duration-fixing requirement.
Documentary requirements for change of admission status
- Section 3 requires applicants for change of admission status under Section 1(a), (b), (c), (d) and Section 2 to submit the following documents, as applicable:
Supervisors, specialists, consultants, contractors, personal staff
- The application must include:
- A duly accomplished and notarized DOJ General Application Form and Checklist (Annex 1*).
- A Sworn Certification and Undertaking by the sponsor/company stating:
- The foreign national is being admitted pursuant to a contract entered into with a government office/agency/subdivision or a private firm.
- Employment is required for the operation of the company, and the certification identifies the number and nationality of other personnel in the same category.
- The foreign national has no derogatory record or pending case in the domicile, in the Philippines, or in any country where the foreign national resided for the past five (5) years.
- The sponsor/company will conduct an understudy program to train Filipino workers to transfer appropriate technology on aspects of the operations for which the non-resident alien is proposed for employment.
- The sponsor/company will secure clearance from PEZA, SEZ or BOI, whichever applies, before allowing transfer of employment to any company and/or additional employment.
- The sponsor/company will notify the DOJ, with copy furnished to PEZA, SEZ or BOI as applicable, within three (3) days from termination of employment.
- Recommendations by the appropriate government office/agency/subdivision or the private firm using the services of the foreign national.
- For PEZA or BOI registered companies, a favorable recommendation from PEZA or BOI respectively.
- Duly authenticated copies of:
- The foreign national’s passport, valid for at least six (6) months at filing, showing admission stamp and period of authorized stay.
- The sponsor/company’s Certificate of Registration from the appropriate government agency, if engaged in business.
- The contract/agreement between the sponsor/company and the government office/agency/subdivision or private firm.
Exchange professors, fellows, students, scholars, participants, volunteers, social workers
- The application must include:
- A duly accomplished and notarized DOJ General Application Form and Checklist (Annex 1).
- A Sworn Certification and Undertaking executed by the sponsor organization/institution/agency/foundation stating:
- The foreign national has no derogatory record or pending case in the domicile, in the Philippines, or in any country where the foreign national resided for the past five (5) years.
- The sponsor will notify the DOJ within three (3) days from termination of the program/scholarship/studies.
- Duly authenticated copies of:
- The foreign national’s passport, valid for at least six (6) months at filing, showing admission stamp, period of authorized stay, and when required, re-entry permit to the port of embarkation or country of origin.
- A contract/agreement between the local sponsor and the foreign national, if any.
- Appointment by the host/receiving organization/institution/foundation.
- Acceptance of appointment signed by the subject foreign national.
Dependents: change, inclusion, and proof
- Section 4 allows the dependent spouse and/or unmarried minor child/ren of a foreign national covered under Section 3, including children born during the principal’s authorized stay, to apply for:
- Change of admission status under Section 1(e).
- Inclusion as dependents under Section 1(e).
Change of admission status of dependents
- A dependent spouse and/or unmarried minor child/ren may apply upon valid entry and during authorized stay, either separately or jointly with the principal, subject to the following documents:
Separate application
- The application must include:
- A duly notarized letter request signed by the sponsor/company/organization/institution/agency/foundation and conformed to by the foreign national, dependent spouse, and/or unmarried minor children.
- A sworn affidavit executed by the sponsor/company/organization/institution/agency/foundation stating:
- The dependent/s shall be guaranteed support and return fare, with proof of financial capacity.
- The dependent/s have no derogatory record or pending case in domicile, in the Philippines, or in any country where they resided for the past five (5) years.
- Duly authenticated copies of:
- Documentary requirements and visa approval for the principal foreign national.
- Valid passport of the dependent spouse and/or unmarried minor child/ren.
- Marriage contract for the dependent spouse.
- Birth certificate/s for dependent unmarried minor child/ren.
Joint application with the principal
- A joint application includes the dependent documentary requirements under Section 4(A)(I)(b) and (c)(ii, iii, iv) plus the principal documentary requirements under Section 3(A) or (B).
Inclusion of dependents (children born in the Philippines)
- Children born in the Philippines during the principal’s authorized stay may be included as dependents upon submission of:
- A duly notarized letter request signed by the sponsor/company/organization/institution/agency/foundation and conformed to by the foreign national.
- A sworn affidavit by the sponsor stating the dependent/s shall be guaranteed support and fare, with attached proof of financial capacity.
- Duly authenticated copies of:
- Documentary requirements and visa approval for the principal foreign national.
- The dependent child/children’s valid passport and Birth Certificate.
Visa extension; inclusion in principal application
- Section 5 allows foreign nationals with existing Special Non-Immigrant Visas under Section 47(a)(2) to apply for an extension through their sponsor/company/organization/institution/agency/foundation by complying with the applicable documentary requirements under Section 3.
- Requests to extend visas issued in favor of dependents must be included in the principal foreign national’s application.
- All applications for extension must be accompanied by a copy of the previous DOJ Indorsement when the extension is issued pursuant to DOJ approval.
Visa implementation and revalidation
- Section 6 allows the sponsor/company/organization/institution/agency/foundation to request visa implementation or revalidation when issuance was not implemented after DOJ approval, by submitting:
- A duly notarized letter request stating the reasons the visa was not properly implemented.
- A duly authenticated copy of the previously submitted DOJ General Application Form, Checklist, and other documentary requirements upon which DOJ approval was based.
- The foreign national’s passport, valid for at least six (6) months at filing, showing admission stamp and period of authorized stay.
- The original DOJ indorsement approval.
Authentication, translation, and required presentation
Section 7 requires the Office of the Legal Staff, Office of the Secretary, DOJ (OLS-OSEC-DOJ) to require presentation of the originals of documents required to be duly authenticated under:
- Section 3(A)(4) & 5(B),
- Section 3(B)(1) and 2(B)(b),
- Section 4(C),
- and Section 6(B),
for purposes of authenticating attached copies.
The applicant may substitute authentication by submitting the original or certified true copies together with the application/request.
The original passport must always be presented for OLS-OSEC-DOJ authentication.
Applications from PEZA or BOI registered companies that were duly certified, recommended, indorsed, and filed by PEZA or BOI with OLS-OSEC-DOJ are exempt from the authentication requirements in this section.
Section 8 requires official written English translations by OLS-OSEC-DOJ for documents in languages other than English.
Filing periods and deadlines
- Section 9 requires filing of applications and requests under Sections 2, 3, 4, 5, and 6 at OLS-OSEC-DOJ within these periods:
- For extension and fixing duration of visas issued by Philippine Embassies/Consulates abroad under Section 2(a): within ten (10) working days from the foreign national’s arrival in the Philippines.
- For change of admission status under Sections 3 and 4(A): at least fifteen (15) working days before expiration of the entry visa.
- For inclusion of dependent/s under Section 4(B): within a reasonable time during the principal’s authorized stay.
- For extension under Section 5: at least one (1) month prior to visa expiration.
- For implementation and revalidation under Section 6: within ten (10) working days after the foreign national’s arrival in the Philippines.
Processing procedure, timelines, and fees
- Section 10 sets the uniform processing flow:
The sponsor/company/organization/institution/agency/foundation must submit, on behalf of the foreign national:
- the duly accomplished General Application Form and Checklist, and
- all requisite supporting documents, to OLS-OSEC-DOJ.
Upon receipt, OLS-OSEC-DOJ, through the State Counsel designated as Officer-of-the-Day (OD), must:
- determine completeness,
- authenticate supporting documents, and
- issue an Assessment Form in triplicate for legal fee payment in accordance with Section 12.
- The Assessment Form issues only if the OD expressly certifies the application is complete in all documentary requirements.
- If documentary requirements are incomplete or unauthenticated, the application must be returned without action.
Legal fees must be fully paid to the DOJ Cashier upon issuance of the Assessment Form.
- The DOJ Cashier issues an Official Receipt (OR) to the filer.
- The DOJ Cashier records the OR Number, date, and amount paid in the Assessment Form.
- The DOJ Cashier retains the duplicate for DOJ cashier files.
- OLS-OSEC-DOJ must:
- require presentation of the original OR,
- ensure OR details are indicated in both original and triplicate Assessment Forms,
- keep the original for OLS-OSEC-DOJ,
- attach the triplicate copy to the application, and
- forward the application complete with documentary requirements to the evaluating State Counsel.
- No application is accepted as filed, or otherwise processed, without proof of payment of legal fees.
Evaluating and review
- Within two (2) working days from receipt of a complete application with proof of legal fee payment, the evaluating State Counsel submits recommendations to the Assistant Chief State Counsel.
- Within two (2) working days from receipt of the application and recommendations, the Assistant Chief State Counsel reviews, finalizes, and submits the draft action document to the Chief State Counsel designated as authorized signatory under DC No. 35 s. 2009.
- While pending departmental action, the names and identities of the evaluating State Counsel and Assistant Chief State Counsel must not be disclosed.
Departmental action and transmission
- Within two (2) working days from submission by the Assistant Chief State Counsel, the Chief State Counsel or other senior DOJ official designated by the Secretary of Justice issues the departmental action.
- Within two (2) days from issuance, the departmental action must be transmitted to the Bureau of Immigration for immediate implementation.
Overall processing period
- The processing period from filing up to implementation by the Bureau of Immigration must not exceed ten (10) working days.
Section 12 fixes legal fee rates assessed and collected per foreign national and/or dependent:
- PHP 6,000.00 for change of admission status.
- PHP 6,000.00 for extension of Section 47(a)(2) visa.
- PHP 5,000.00 for implementation/re-validation.
- PHP 3,000.00 for inclusion of dependents.
The OLS-OSEC-DOJ fees must be paid to the DOJ Cashier Office.
Visa validity, limits, separability, and repeal
Section 11 provides that Special Non-Immigrant Visas issued under these Guidelines are valid for a fixed period not exceeding two (2) years, subject to earlier termination if the services/training/scholarship of the principal foreign national ends.
These visas are valid only for purposes specified in the DOJ indorsement approval.
Extensions are available at the discretion of the DOJ through Section 5.
Section 13 includes a separability rule:
- If any provision is declared invalid or unconstitutional, the remaining provisions continue in force.
- Nothing limits the authority of the Secretary of Justice over immigration matters under existing laws and presidential issuances.
Section 14 provides a repealing/amending rule:
- Orders, circulars, instructions, directives, and memoranda inconsistent with these Guidelines are amended, repealed or modified accordingly.
Filing and language requirements for submissions
- Applications and requests must be filed at OLS-OSEC-DOJ within the applicable periods in Section 9.
- Documents in languages other than English must be accompanied by official written English translations required by OLS-OSEC-DOJ.