Title
DOJ Guidelines on Special Non-Immigrant Visas
Law
Doj Department Circular No. 48
Decision Date
Jun 28, 2010
DOJ Department Circular No. 48 establishes uniform guidelines for processing applications for Special Non-Immigrant Visas, detailing eligibility criteria, documentary requirements, and procedures for foreign nationals seeking temporary admission for employment, education, or volunteer work in the country.
A

Eligibility for Special Non-Immigrant Visas

  • Foreign nationals not excluded under Section 29 of CA 613 can apply.
  • Categories include:
    • Supervisors, specialists, consultants, contractors, personal staff at registered economic zones or BOI enterprises.
    • Those employed in government projects.
    • Exchange professors, scholars, trainees, participants, students, fellows, social workers under recognized sponsorship.
    • Registered volunteers and foreign personnel of rescue/aid organizations.
    • Dependents of eligible foreign nationals.

Foreign Nationals with Section 47(a)(2) Visas Issued Abroad

  • Visas issued abroad valid for single entry without fixed duration must file for authorized stay duration fixing.
  • Exception for foreign volunteers with fixed one-year visas.

Documentary Requirements for Change of Admission Status

  • Specific documents required per category:
    • Supervisors, specialists, etc.:
      • Notarized DOJ application form.
      • Sponsor's sworn certification detailing employment, derogatory record, training programs, employment transfer and termination notifications.
      • Recommendations from government or private firms.
      • Favorable PEZA or BOI recommendation if applicable.
      • Authenticated passport and business documents.
    • Exchange and sponsored personnel:
      • Notarized DOJ application form.
      • Sponsor's sworn certification on good conduct and notification of program termination.
      • Authenticated passport, contracts, appointments, and acceptance letters.

Provisions for Dependents

  • Dependents (spouse and unmarried minor children) may apply for change of admission status or inclusion.
  • Separate or joint application allowed with detailed documentary requirements including marriage and birth certificates.
  • Children born in the Philippines during authorized stay can be included as dependents.

Extension of Visas

  • Extensions processed through sponsors complying with documentary requirements.
  • Dependent visa extensions included in principal application.
  • Previous DOJ endorsement copy required.

Implementation and Revalidation of Visa Approval

  • For unimplemented visas, requests for implementation or revalidation require notarized letter, prior documents, valid passport, and original DOJ endorsement.

Document Authentication

  • OLS-OSEC-DOJ authenticates required original documents.
  • Original or certified true copies accepted in lieu of authentication.
  • Passport original mandatory.
  • Exemption for applications certified and filed by PEZA or BOI.

Translation of Foreign Documents

  • Non-English documents require official English translation.

Filing Periods for Applications and Requests

  • Various deadlines depending on application type, including:
    • Within 10 working days of arrival for extension/fixing duration.
    • 15 working days before visa expiration for change of status.
    • Reasonable time during authorized stay for dependents inclusion.
    • One month before visa expiration for extension.
    • 10 working days after arrival for visa implementation/revalidation.

Uniform Processing Procedure

  • Submission of complete application with forms and documents.
  • Verification and authentication by designated State Counsel.
  • Issuance of Assessment Form for fee payment.
  • Full legal fee payment required before processing.
  • Evaluations and recommendations submitted within 2 working days each stage.
  • Final departmental action issued within 2 working days.
  • Bureau of Immigration implements decision within 2 working days of departmental action.
  • Total processing period capped at 10 working days.

Validity and Limitations of Special Non-Immigrant Visas

  • Valid for fixed period not exceeding two years unless earlier termination.
  • Use limited to purpose specified in DOJ endorsement.
  • Extensions at DOJ discretion.

Legal Fees

  • Fees for processing:
    • Change of admission status: P6,000
    • Visa extension: P6,000
    • Implementation/revalidation: P5,000
    • Inclusion of dependents: P3,000
  • Fees payable to DOJ Cashier.

Separability and Interpretation

  • Invalidity of any provision does not affect others.
  • Guidelines do not limit Secretary of Justice authorities over immigration.

Repealing Effect

  • Prior inconsistent circulars and orders amended or repealed.

Effectivity

  • Guidelines effective 15 days after publication in two newspapers.
  • Copies filed with UP Law Center for public access.

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