how apply Employment Permits for Foreign Workers in the Philippines

The 9(g) or Pre-Arranged Employee Visa Commercial is the most common type of work visa availed by foreign nationals engaged in gainful employment in the Philippines.  This visa entitles the holder multiple entries and exits into and out of the country while working with a company registered or licensed to do business and existing under Philippine laws.  With the 9g visa, the foreigner is entitled to legitimately work and stay in the country for a duration approved by the Bureau of Immigration, which should correspond with his employment contract.

A requisite to this visa is the Alien Employment Permit (AEP), issued by the Department of Labor and Employment (DOLE).

The whole visa processing (including the AEP) usually takes 2 – 3 months to process. The AEP alone takes 2 – 3 weeks to process in the Labor Department upon submission of the complete documentary requirements.  While waiting for the approval of the 9g visa, the applicant who wishes to stay in the country even with an AEP, should continuously update his immigration status by extending his tourist visa. An important point to remember is that we can only start the processing of the AEP application when the employer-company has already secured its local/city business permit.

If the foreign employee is required to start working immediately even while the the visa is in process, a Provisional Work Permit (PWP) can be an alternative option. The PWP is a document, which authorizes the foreigner to start working even while the AEP or 9g visa is still in process. It can be filed as soon as the AEP application is filed and can be obtained after 2 weeks.

We can facilitate your 9g visa non-commercial application, inclusive of the services below:

9(g) Visa Service Commercial Package

Tax Identification Number (TIN) application with the Bureau of Internal Revenue (BIR)

Alien Employment Permit (AEP) application with the Department of Labor and Employment

 9(g) Visa Application with the Bureau of Immigration

Alien Certificate of Registration Identity Card (ACR I-Card) Visa Application with the Bureau of Immigration

Additionally, holders of 9g commercial visa who are promoted to a higher position in the same company are exempted by the Bureau of Immigration from downgrading to a 9a visitor visa and applying for another 9g visa, pursuant to Board Resolution No. EED-15-01. This resolution is only effective provided that foreign nationals:

apply for a new Alien Employment Permit (AEP) corresponding to the new position;

apply for the extension of their 9g visas along with their new AEPs; and

provide the Bureau of Immigration with a certified copy of their new AEPs.

An AEP is valid for one year, or for the complete duration of the employment contract not exceeding three years. However, the issued AEP is valid only for the position and company that it was secured for. A new AEP must be secured in the event an employee assumes a new job position within the same company or joins a new company.  The application for an AEP may be filed by the employer or the foreign nationals themselves.

 Requirements to apply for an AEP

• Application form;
• Photocopy of employee’s passport with a valid visa;
• All documents related to the contract of employment;
• Photocopy of current AEP (in cases of reissue); and
• Photocopy of mayor’s permit or photocopy of business permit.

Pre-arranged employment visa or 9 (G) visas

The most common type of work visa issued in the Philippines is the 9 (G) visa, also known as the Pre-arranged Employment Visa. It allows employers in the country to employ foreign nationals with skills, qualifications, and experience that may be in short supply in the country. The issuance of the 9 (G) visa falls within the competencies of the BI.

A 9 (G) visa is applied through an employer’s sponsorship. Therefore, securing a job with a Philippines-based company is a prerequisite. Further, applicants are also required to obtain an AEP before securing a 9 (G)-work visa.

It is important for applicants to note that a 9 (G) holder may only work for the company that has sponsored his/her work visa. In the case of a change of employer, the 9 (G) status is downgraded to a tourist visa, and foreign workers are required to make a new work visa application.

A 9 (G) is valid for an initial period of one, two, or three years, and can be extended up to three years at a time, depending on the duration of the employment contract. The validity, however, cannot exceed the period granted under the AEP issued by the DOLE. The visa can be renewed multiple times.

Requirements to apply for a 9 (G) visa

• Notarized certification of a number of foreign and Filipino employees of the employer;
• Application form (Form No. 2);
• A medical and physical examination report (FA Form No. 11) issued by an authorized physician;
• Copy of employment contract, if any;
• Four passport-sized pictures of the applicant;
• Police clearance issued by the police in the applicant’s country of citizenship;
• Photocopy of employment contract, Securities and Exchange Commission (SEC) certification, and Articles of Incorporation (AOI);
• A certified true copy of AEP from DOLE;
• BI clearance certificate;
• Alien certificate of registration;
• Applicant’s passport; and
• Other documents are supporting the employment of the applicant.

Treaty trader’s visa or 9 (D) visa

A 9 (D) Visa or Treaty Trader’s Visa is for foreign nationals belonging to countries that have a bilateral trade agreement with the Philippines. The Philippines has such an agreement with the United States, Japan, and Germany.

Requirements to apply for a 9 (D) visa

To qualify for a 9 (D) Visa, foreign nationals must prove that:

• They or their employers are engaged in substantial trade, involving an investment of at least US$120,000 between the Philippines and their country of origin;
• They intend to leave the Philippines upon the completion or termination of their work contract;
• They hold the same nationality as their employer or company’s major shareholder; and
• They hold a position of a supervisor or executive in the company.

The Treaty Trader’s Visa is valid for up to two years.

Other nationalities who want to invest in the country can apply for special kinds of resident visas. These are:

• Special resident retiree’s visa – available to international investors who are at least 35 years of age and who pay a deposit starting from US$1,500; and
• A special investor’s resident visa (SIRV) – allows the holder to reside in the Philippines for an indefinite period. They must be willing to invest at least US$75,000 in the country.

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