Providing Additional Guidelines for No Objection Statement Applicants to Complete at Least Two-Thirds of their Training under the Exchange Visitor Program

2012

EVPCP RESOLUTION NO. 01-12

PROVIDING ADDITIONAL GUIDELINES FOR NO OBJECTION STATEMENT APPLICANTS TO COMPLETE AT LEAST TWO-THIRDS OF THEIR TRAINING UNDER THE EXCHANGE VISITOR PROGRAM

WHEREAS, the Exchange Visitor Program (EVP) Committee of the Philippines is mandated to promulgate policies, rules and regulations to implement Philippine participation in the EVP;

WHEREAS, Section 9 of the "Guidelines and Procedures on the Waiver of the Two-Year Home-Country Residency Requirement for Exchange Visitor", which was promulgated by the Committee on 16 November 2001 provides that the EVP Committee shall not grant the No Objection Statement (NOS) to applicants who have not attended or have completed their training programs;

WHEREAS, the Committee agreed during its meeting on 3 February 2012 to provide additional procedural guidelines on the bases of processing application for the NOS;

WHEREAS, the Committee has noted that NOS applicants would need substantial time in the US to facilitate the extension of stay through the processing of their waiver of the two-year home-country residency requirement; while taking into consideration that these applicants have at least complied substantially with their training program;

RESOLVE THEREFORE, that NOS application may only be acted upon after an applicant has completed at least two-thirds of his or her training period indicated in the Certificate of Eligibility for Exchange Visitors (J-1) Status (DS-2019) to ensure substantial compliance;

RESOLVED FURTHER, that for NOS applicants who have not yet completed two-thirds of their on-going training programs, their applications will be put on hold and will be acted upon only when they have reached the said period;

RESOLVED FURTHER, that failure of applicants to comply with the said requirement would result in non-issuance of the NOS unless the reasons for non-completion or non-attendance are any of the following:

1. Violations of the participant's recognized rights by training institution or sponsor, as proven by supporting documents; and

2. Cancellation, suspension, or termination of the training program for causes not attributable to the applicant. ETHCDS

ADOPTED this ____ day of _________ 2012 during the ____ regular EVP meeting in Manila, Philippines.

ENGR. CHERRIE ROSE V. TENADirector IV Office of the President

(SGD.) MAYLENE M. BELTRAN, MPA, CESO IIIDirector IV Department of Health

MA. CELESTE M. VALDERRAMADirectorDepartment of Labor and Employment

(SGD.) ERLINDA M. CAPONES, CESO IIIDirector IV National Economic and Development Authority

(SGD.) PILAR G. DE LEON, CESO IIIDirector IV Technical Education and Skills Development Authority

ROBERT O. DIZONAssistant SecretaryDepartment of Science and Technology

JULITO D. VITRIOLO, CESO IIIExecutive DirectorCommission on Higher Education

(SGD.) YOLANDA S. QUIJANO, Ed.D.UndersecretaryDepartment of Education

(SGD.) TERESITA R. MANZALAChairpersonProfessional Regulation Commission

(SGD.) IMELDA M. NICOLASChairpersonCommission on Filipinos Overseas

CHAIRPERSON:

(SGD.) CARLOS D. SORRETAAssistant SecretaryDepartment of Foreign Affairs

Published in the Official Gazette, Vol. 109, No. 29, page 5084 on July 22, 2013.