Supplemental Guidelines for Special Work Permit and Provisional Work Permit

January 29, 2019

BI OPERATIONS ORDER NO. JHM-2019-002

SUPPLEMENTAL GUIDELINES FOR SPECIAL WORK PERMIT AND PROVISIONAL WORK PERMIT

WHEREAS, CA No. 613, Sec. 42 (a) (32) authorizes the Commissioner of Immigration to issue Special Work Permits (SWP) and Provisional Work Permits (PWP) to foreigners who seek to work in the country for a short period of time while holding a Temporary Visitor Visa (TVV) under CA 613, Sec. 9 (a) or E.O. No. 408;

WHEREAS, under existing rules, foreigners who are issued Special Work Permits (SWP) are authorized to work for their petitioning company for a maximum period of six (6) months with an initial duration of three (3) months and renewable for final extension of another three (3) months, regardless of position (same position or promotion), and petitioner-companies;

WHEREAS, under existing rules, foreigners who are issued Provisional Work Permits (PWP) are authorized to work under their petitioning company for a maximum period of six (6) months, pending the approval of their appropriate visas.

WHEREAS, due to the sudden and substantial increase of SWP and PWP applicants, the BI must improve its monitoring capacity in the proper issuance of SWP and PWP via additional safeguards.

NOW THEREFORE, pursuant to the rule-making power of the Commissioner of Immigration under CA 613, Sec. 3, and Executive Order No. 292, 1 Title III, Book IV, Chapter 6, Secs. 29 and 36, the following are hereby promulgated:

SECTION 1. Authority to Receive and Process. — BI Officers authorized to receive and process SWP and PWP applications under Immigration Administrative Circular No. JHM-2018-003 2 shall observe the following procedure:

1. Receive applications for SWP and PWP with a completely filled out application form (BI Form CGAF-002-REV 3) together with the complete documentary requirements (BI Form P-004-Rev 1 and BI FORM-P004-REV 3). All received applications shall be duly encoded in the Visa Application Information System (VAIS).

2. Assess and determine based on the following submitted requisites, to wit:

a. At least 20 days validity of TVV at the time of application;

b. Existence and capability of petitioning company;

c. Address of the company and applicant (residence);

d. Nature of Business of the petitioning company as reflected in its SEC Certificate; and CAIHTE

e. Whether the company has a valid appropriate government issued license to operate.

3. Upon assessment and verification, the Alien Control Officer (ACO), Acting Alien Control Officer (AACO), or duly authorized personnel shall resolve whether to approve or disapprove the SWP or PWP application.

SECTION 2. Additional Requirement for SWP Application. — The petitioner, through its authorized representative shall issue a certification under oath stating: (a) the request is applicant's first or extension of SWP application; (b) the applicant will work only for the position applied for and for the said company.

SECTION 3. Prohibited Issuance of SWP/PWP. — In no case shall an application for an SWP or PWP involving: (A) manual (non-technical) labor be granted, such as, but not limited to, [1] construction worker, [2] cashier, [3] waiter, [4] janitor, [5] household help, [6] carpenters, [7] garbage collector, [8] security guard, [9] warehouse caretaker; and [10] other analogous labor; and (B) positions/professions classified as regulated profession by the Professional Regulation Commission be granted, unless accompanied by a Special Temporary Permit issued by the PRC authorizing the foreign national to practice said regulated profession.

SECTION 4. Approving Authority for SWP/PWP applications. — The Alien Control Officer (ACO), Acting Alien Control Officer (AACO), or duly authorized personnel shall approve/disapprove SWP/PWP applications filed within their area of jurisdiction.

SECTION 5. Duty of Approving Officer. — The approving officer shall ensure that all SWP/PWP applications he approved are duly reflected in the VAIS.

SECTION 6. Monitoring of SWP/PWP. — To properly monitor the actual number of foreigners who have been issued SWP/PWP, the BI office that granted the SWP or PWP application shall provide one serial number per foreigner in the following manner — SWP-ABC 3 /101 4 -19-123456. In case of application for renewal, the Order shall be numbered with "B," i.e., SWP-DEF 5 /101 6 -19-123456-B.

SWP/PWP holders shall present the Order granting his/her SWP/PWP to the Tourist Visa Section (TVS) or subport offices on their next extension of Temporary Visitor's Visa (TVV). DETACa

Further, the Immigration Regulations Division shall ensure that the Tourist Visa Section and all subport offices (district, satellite, field, one-stop shops, and extension offices) shall encode the extension of TVV of SWP holders under the category "TVV-SWP." In the event that an applicant has a previously issued valid ACR I-Card, the same shall be updated in the system of "TVV-SWP." In no case shall TVS or subport offices extend the TVV or issue an ACR I-Card when the SWP/PWP is not reflected in the system.

Lastly, the MISD shall ensure that all SWP/PWP orders encoded in the system by the approving officer shall automatically be reflected in the next extension of the SWP/PWP holder vis-à-vis automatic reflection on the tourist visa sticker.

SECTION 6. n Submission of Reports. — The BI offices that issued SWP/PWP shall submit a monthly report to the Office of the Commissioner, through the Chief, Immigration Regulation Division, not later than the 2nd Friday of each month. The report shall contain: (1) the numbers of applications it received; (2) the number of approved applications; (3) the names, with nationalities, dates of birth, and positions of the approved applicants with petitioner-companies; (4) the number of denied applications; (5) the names, with nationalities, dates of birth, and positions of the denied applicants with petitioner-companies.

SECTION 7. Supercession Clause. — This Operations Order repeals, amends or modifies all prior, inconsistent circulars, memoranda, orders, and other issuances, without prejudice to the outcome of the inter-agency meetings among the BI, PRC, DOJ, DOLE, DFA, and DENR, being held on the matter. HEITAD

SECTION 8. Publication and Effectivity. — BINOC and MISD shall publish this Operations Order at the BI Website.

Send copies of the Circular to the Office of the National Administrative Register (ONAR), UP Law Center, Diliman, Quezon City.

Effective immediately.

For strict compliance.

(SGD.) JAIME H. MORENTECommissioner

Footnotes

1. The Revised Administrative Code of 1987.

2. Rationalizing the Territorial Jurisdiction, Area of Responsibility, and Scope of Authority of Alien Control Officers and Heads of Immigration Offices.

3. Initial of the approving officer.

4. Three (3) digit location code to be provided by the MISD.

5. Initial of the approving officer.

6. Three (3) digit location code to be provided by the MISD.

n Note from the Publisher: Copied verbatim from the official copy. Duplication of Section 6.