October 19, 2016

There are a number of basic legal obligations your company should comply with when hiring foreign talent, the most important of which is securing a working visa that remains a big headache for companies in the Philippines.

Deciding which visa your company or employee should apply for is not always a straightforward process, and will vary considerably according to the position, contract duration and origin of the expatriate.

Here are a few options you should consider:

Special Working Permit (SWP) : A special working permit is issued to a foreign national who will hold a short term position in a company registered in the Philippines. It is issued for a period of 3 months and can be renewed only once and for another period of 3 months.

Pre-arranged employee visa (9G visa) : The 9G visa is the most common type of working permit in the Philippines. It can be issued to any foreigner working in any Philippine registered organization.  The 9g visa is a multiple entry visa which requires an Alien Employment Permit (AEP) from the Department of Labor and Employment (DOLE) as a prerequisite.

47A2 visa :  Under Sec. 47A2 of the Philippine Immigration Act, a Special Non-Immigrant Visa can be issued to foreign investors by the Secretary of the Department of Justice (DOJ) on the basis of public interest or public policy considerations. This visa is usually given to foreign employees working for special projects in economic zones. Some examples of industries invested with public interest are companies engaged in oil exploration, power generation, and infrastructure, and those registered with the Philippine Economic Zone Authority (PEZA) and Board of Investments (BOI).

Multiple Entry Special Visa under RA No. 8756 (EO226) : EO226 visa is granted to executives of Regional Headquarters (RHQ) and Regional Operating Headquarters (ROHQ) . The applicant must be an executive working exclusively for the petitioner RHQ or ROHQ.  The EO226 Visa is automatically valid for three (3) years and can be renewed thereafter.

If you are considering hiring a foreign worker or you are an expatriate looking to relocate, please contact our team of experts who can easily assess the proper and appropriate visa, advise you on the requirements and provide you an end to end solution for your immigration problems.

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