|A Brief History|
|Vision and Mandate|
|BI - Subport Offices|
|List of BOC acted applications|
|Updated List of Released I-Cards|
|Lifted Watchlist and Hold Departure Issued by the DOJ|
|Approved List of BI Accredited Entities-2013|
|List of Approved Quota Visa Applications|
|MEMORANDUM CIRCULAR NO. RADJR-11-007|
SUBJECT: REVISED IMPLEMENTING RULES AND REGULATIONS FOR EXECUTIVE ORDER NO. 758, SERIES OF 2008, ENTITLED “PRESCRIBING GUILDELINES FOR THE ISSUANCE OF A SPECIAL VISA TO NON-IMMIGRANTS FOR EMPLOYMENT GENERATION”
Section 1. Title. – These rules shall be known as the “Revised Implementing Rules and Regulations for Special Visa for Employment Generation (SVEG)” and shall govern the implementation of Executive Order (EO) No. 758, Series of 2008 entitled “Prescribing Guidelines for the Issuance of a Special Visa to Non-Immigrants for Employment Generation.”
Section 2. SVEG, To Whom Issued. – Subject to the restrictions imposed by the Constitution and existing laws, the SVEG shall be issued to a foreign national who shall employ at least ten (10) Filipinos in a lawful and sustainable enterprise, trade or industry in the Philippines. The foreign national shall actually, directly and exclusively engage in a viable and sustainable investment in the Philippines and perform management acts or the authority to hire, promote and dismiss employees therein.
The foreign national must show proof that the has substantial investment in an entity, firm, partnership or corporation that establishes, expands or rehabilitates a business activity, investment, enterprise or industry and that said investment enables the initial or additional employment of at least ten (10) Filipino workers on a regular basis, provided that the foreign equity participation is consistent with the Constitution, the Foreign Investment Act and other special laws.
In case said investment is for rehabilitation of business, enterprise or industry, the foreign national must show satisfactory proof that said investment enabled the retention of at least ten (10) Filipino workers or employees on a regular basis, and without said investment, existing Filipino workers or employees would suffer loss of employment.
Section 3. Definition of Terms – For purpose of these Rules, the terms hereunder shall be construed as follows:
Section 4. Nature of Employment of Filipino Workers. - Under these Rules, the employment of at least ten (10) Filipino workers shall be for managerial, executive, professional, technical, skilled or unskilled positions in a business activity, investment, enterprise or industry in the Philippines, excluding personal employees of the foreign national such as household workers and the like.
Section 5. Immigration status of SVEG holders. – Foreign nationals who are granted SVEG shall be considered special non-immigrants with multiple entry privileges and conditional extended stay, without need of prior departure from the Philippines. The privileges of SVEG may extend to the legal spouse of the qualified foreign national as well as their unmarried children below eighteen (18) years of age, whether legitimate, illegitimate or adopted.
The special non-immigrant status of children of SVEG holders shall cease upon reaching the age of eighteen (18), in which case, they are required to downgrade their visas to temporary visitor’s visa under Section 9(a) of Commonwealth Act (C.A.) No. 613, as amended, and apply for any appropriate visa.
Section 6. One Stop SVEG Facility (OSSF). – A One-Stop SVEG Facility is hereby established at the Bureau to assist, facilitate, and oversee the processing of SVEG applications, including the issuance of permits, licenses and clearances. The OSSF shall provide adequate office space and facilities to all duly authorized representatives of the government agencies concerned.
Section 7. Filing and Contents of SVEG Application. – SVEG applications may be filed in the BI Main Office or any of its satellite offices in which case, the documents shall be forwarded to the Main Office for processing.
Any SVEG application shall not be accepted for processing unless the following documents are submitted:
(a) Notarized letter-request of the applicant that contains the following statements at a minimum:
(b) Photocopy of applicant’s passport showing its biopage, admission and authorized stay valid for at least twenty (20) calendar days from the date of filing;
For investors in a corporation or partnership:
For Sole or Single Proprietorship:
(d) Certified true copy of the Alien Employment Permit (AEP) issued by the Department of Labor and Employment (DOLE) if the applicant foreign national is elected or appointed to occupy a position in the company;
Documents executed or issued abroad must be authenticated by the Philippine Embassy / Consular Office or certified by the foreign national’s embassy or the embassy of the place where the document was executed or issued, and must be translated into English, if executed in any other language.
Section 8. Processing. – Upon payment of the appropriate fees, the SVEG application shall be forwarded to the OSSF for raffling to designated hearing officers. A specific control number shall be assigned for each application.
The Hearing Officer shall examine and evaluate the application within fifteen (15) working days from the date of filing and may require the appearance of the applicant for clarificatory hearing. The Hearing Officer shall forward his recommendation to the Commissioner of Immigration for the approval or denial of the application.
Documentary proof shall be received and evaluated without strict observance of the technical rules on evidence and procedure.
Section 9. Notice of Approval/Denial. - Upon resolution of each application, the Bureau shall inform the applicant of the outcome by sending a Notice of Approval or Notice of Denial.
Within fifteen (15) days from receipt of the Notice of Denial, the applicant may file a Motion for Reconsideration (MR) to the Commissioner of Immigration upon payment of the appropriate fees. Only one MR shall be allowed. The Commissioner of Immigration shall resolve the MR within a period of five days (5) from receipt. Such resolution shall be final and executor.
Section 10. Implementation of SVEG. – Within thirty (30) days upon approval of the application, the Commissioner of Immigration shall cause the implementation of the SVEG in the applicant’s passport upon payment of the appropriate fees.
The SVEG applicant may file a request for revalidation in case the application was approved while he/she is outside the Philippines. The SVEG shall be implemented only upon revalidation of the visa by the Office of the Executive Director.”
Section 11. Registration and Documentation. – After the SVEG implementation, the SVEG holder shall proceed to Bureau’s Alien Registration Division for registration and documentation. An Alien Certificate of Registration (ARC) I-Card shall be issued to the SVEG holder upon payment of appropriate fees. The ACR I-Card and SVEG Certificate shall indicate, among others, the following:
Status Adjusted Without Departure as a Special Non-Immigrant with Multiple Entry Privileges and Conditional Stay in the Philippines under E.O. No. 758, Series of 2008, in relation to C.A No. 613, Section 47(a)(2) under BI Control No. ____.
SVEG holders are exempt from securing Special Return Certificates and Exit Clearance Certificates. However they shall be required to submit and/or file their annual report pursuant to the requirements of the Alien Registration Act of 1950, as amended.
Section 12. Replacement of Lost or Damaged SVEG Documentation. – Lost or damaged SVEG-related immigration documents issued under these Rules shall be replaced within 24 hours upon application at the BI Main office or satellite office concerned, after submission of a duly-notarized affidavit of the loss of the SVEG documents or proof of damage of such documents upon payment of damaged I-Card, the procedure as provided for in the Citizens Charter of the Bureau for its re-issuance shall be followed.
Section 13. Applicable Fees. – For purposes of these Rules, there shall be collected and paid to the BI Cashier the following fees, which are subject to change upon prior notice;
Dependents of principal SVEG holders shall be subject to payment of Application, Implementation and ACR-I-Card Fees in the same amounts paid by the principal SVEG holders.
All payments shall be acknowledged by bonded collecting officers via issuance of official receipts. All collections shall be accounted for as government funds and shall be subject to usual accounting and auditing procedures.
Section 14. Revocation of SVEG. – The Commissioner of Immigration shall revoke the SVEG under these Rules:
The revocation of the SVEG under paragraph (a), (b) and (c) shall cause the deportation of the foreign national via summary proceedings. In the case of revocation under paragraph (b) the deportation shall be implemented after service of sentence.
Section 15. Monitoring Requirement; Annual Report. – For the purpose of monitoring compliance with the conditions of SVEG, the SVEG holder shall, at least sixty (60) days after the end of every year, submit the following documents to the OSSF:
Section 16. Periodic Inspection. Promulgation of Additional Rules. Creation Oversight Committee. – The Commissioner of Immigration is empowered to:
Section 17.Regular Reports. – The Commissioner of Immigration shall submit regular monthly reports to the Office of the President and the Security of Justice.
Section 18. Repealing Clause. - All rules and regulations, instructions or order inconsistent with these Rules are hereby superseded and/or repealed accordingly.
Section 19. Effectivity. - This Memorandum Circular shall take effect fifteen (15) days from its publication in a newspaper of general circulation.
Let copies of this Memorandum Circular be filed with the Office of National Administrative Register (ONAR) at the UP at the UP Law center, UP Complex, Diliman, quezon City.
Done this 14th day of DEC. 2011, in the City of Manila.
(Sgd)Ricardo A. David, Jr.