Immigration Law
IMMIGRATION VISAS FOR NON-QUOTA IMMIGRANTS
| MAIN |
| A Brief History |
| Vision and Mandate |
| Functions |
| Organizational Structure |
| BI - Subport Offices |
| IMMIGRATION VISAS FOR NON-QUOTA IMMIGRANTS |
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Sec 20. (a) A passport visa for a non-immigrant referred to in section nine (g) of this Act who is coming to pre-arranged employment shall not be issued by a consular officer until the consular officer shall have received authorization for the issuance of the visa. Such authorization shall be given only on petition filed with the Commission on Immigration establishing that no person can be found in the Philippines willing and competent to perform the labor or service for which the non-immigrant is desired and that the non-immigrant’s admission would be beneficial to the public interest. The petition shall be made under oath, in the form and manner prescribed by regulations by the prospective employer of his representative. The petition shall state fully the nature of the labor or service for which the non-immigrant is desired, the probable length of time for which he is to be engaged, the wages and other compensation which he is to receive, the reasons why a person in the Philippines cannot be engaged to perform the labor or service for which the non-immigrant is desired and why the immigrant’s admission would be beneficial to the public interest. The petition shall be accompanied by a certified copy of any written contract or agreement entered into for the immigrant’s service and shall contain such additional information as may be deemed material. Substantiation of all the allegations made in the petition shall be required and the allegations that no person can be found in the Philippines, willing and competent to perform the labor or service for which the non-immigrant is desired and that the non-immigrant’s admission would be beneficial to the public interest be established beyond doubt, by convincing and satisfactory evidence. The title "Immigration Visas for Non-quota Immigrants" shall be understood to refer only to section twenty-one of the same Act [As amended by Republic Act No. 503, Sec. 7] (b) If the Board of Commissioners find that the petition complies with the requirements of the preceding paragraph, and that the petitioner has established the facts entitling him to the authorization, the Board shall grant the petition and the Commissioner shall so inform the petitioner, and promptly transmit authorization to the consular office at which the immigrant is to apply for a visa. Such an immigrant, upon receiving a visa and applying for admission into the Philippines, shall be exempt from the provisions of paragraph fourteen of section twenty-nine (a) of this Act, excluding aliens coming to perform unskilled manual labor in pursuance of a promise or offer of employment. Sec 21. Non-quota immigration visas may be issued by the consular officers to other immigrant’s claiming non-quota status, upon the receipt of satisfactory proof that they are entitled to such status. |