The Philippines, through the Philippine Immigration Act of 1940 (C.A. No. 613) and related immigration regulations, strictly regulates the employment of foreign nationals. To work in the country, they must secure an Alien Employment Permit (AEP) from the Department of Labor and Employment (DOLE) and a 9(g) Pre-Arranged Employment Visa from the Bureau of Immigration (BI).

While the permit is a prerequisite for the visa, both are issued only if locally registered companies petition for foreign employees through confirmed job offers, no qualified or willing Filipino workers are available for the specialized positions, and the foreign nationals will be engaged in specific compensated roles. Both the sponsoring local employers and the foreign employee-applicants must satisfy the stringent documentary requirements of the two agencies.

Case Summary – Resolving Documentary Deficiency in a 9(g) Work Visa Application

In one 9(g) Work visa application before the Bureau of Immigration (BI), Duran & Duran-Schulze Law (“DDS Law” or “the Firm”) encountered an initial denial due to an alleged documentary deficiency.

Confident that the application requirements had been fully complied with, the Firm’s immigration lawyer prepared and filed a three-page Motion for Reconsideration (MR) explaining why the denial was unwarranted and requesting that it be set aside. The Bureau of Immigration (BI) subsequently granted the motion and approved the client’s 9(g) Work Visa. 

The Documentary Deficiency

The order received from the Bureau of Immigration (BI) alleged the Firm’s (as the visa agent) failure to allegedly submit the sponsoring employer’s General Information Sheet (GIS) for the year 2023. 

In the Philippines, a General Information Sheet (GIS) is an annual reportorial document filed with the Securities and Exchange Commission (SEC) to provide a definitive snapshot of a corporation’s current operational and ownership structures. 

In lieu of the standard GIS for ordinary domestic corporations, an SEC Form for Appointment of Officers (or simply an appointment form) must be submitted by One Person Corporations (OPCs) within twenty (20) days after incorporation or five (5) days following any subsequent change in officers. 

The Firm’s Legal Strategy – Motion for Reconsideration 

In response to the order of denial, the Firm, through its Managing Partner, who is also an immigration lawyer, drafted and filed a three-page Motion for Reconsideration (MR).

The motion respectfully acknowledged the lapse and provided a detailed explanation regarding the documentary deficiency. It explained that, because the sponsoring employer is a One Person Corporation (OPC), it does not have a General Information Sheet (GIS) but instead has a counterpart appointment form. 

Since the owner was traveling and there was a risk that the 9G renewal would expire while awaiting the owner’s return—the owner being the sole person authorized to sign the appointment form—the Firm strategically filed the application with the incomplete documents, together with an undertaking to submit it later.

This allowed the client to buy time by submitting the renewal documents for the expiring 9G employment visa while waiting for the arrival of the one-person corporation owner. 

The Decision and Conclusion

While the Motion for Reconsideration was ultimately granted, resulting in the issuance of the client’s 9(g) Work Visa, the case underscores the strict documentary and procedural requirements imposed by the Bureau of Immigration (BI) and the ability of the firm to buy time for the employer to complete the documents when in a time bind. 

Further, it highlights the value of experienced immigration professionals and counsel in addressing application denials, ensuring that applicable rules and regulations are properly invoked, and advocating for a fair review before an adverse decision becomes final. 

More About 9(g) Work Visa Application in the Philippines

Unlike other Philippine visas, where the applications are directly lodged with the Bureau of Immigration (BI), the 9(g) Pre-Arranged Employment Visa (or 9G Work Visa) application requires first the approval of the Department of Labor and Employment (DOLE) and its issuance of an Alien Employment Permit (AEP) after compliance with the documentation, Labor Market Test (LMT), and other strict requirements. Here are available resources for further information about the visa:

How to Apply for a 9(g) Work Visa in the Philippines (Updated Guide)

This article offers a comprehensive guide to the work visa application and covers key discussions on its legal basis, foreign worker eligibility, benefits and privileges, requirements, and the application process itself. 

How to Renew Your 9G Visa in the Philippines (Step-By-Step Guide)

This offers a helpful guide for 9(g) work visa holders in the Philippines on how to renew the visa, including the consequences for failure to renew on time and to follow related immigration regulations, including possible deportation and blacklisting.  

New Rules of Alien Employment Permit (AEP) for Foreign Employees 

This article outlines the new rules imposed by the Department of Labor and Employment (DOLE), including the Labor Market Test (LMT), job posting content, exemptions from publication, and grounds for the denial of the application. 

Duran & Duran-Schulze Law (“DDS Law”) is a Bureau of Immigration (BI)-accredited visa consultancy and immigration law firm in the Philippines. For visa consultations and inquiries regarding the 9(g) work visa, call us at (02) 8478-5826 (landline) or +639171940482 (mobile), or email info@duranschulze.com.