EXECUTIVE ORDER NO. 758
PRESCRIBING GUIDELINES FOR THE ISSUANCE OF A SPECIAL VISA TO NON-IMMIGRANT FOR
EMPLOYMENT GENERATION
WHEREAS, there are foreigners who want to maintain a lawful presence in the Philippines by actually directly or exclusively engaging in lawful, viable, and sustainable trade, business, industry, or activity offering local employment;
WHEREAS, according to the April 2008 survey of the National Statistics Office (NSO), there are 2.9
million Filipinos who are currently unemployed;
WHEREAS, creation of job opportunities for the Filipino is one of the advocacies of the Arroyo
Administration under its 10-point Agenda;
WHEREAS, Commonwealth Act (CA) No. 613, otherwise known as the Philippine Immigration Act of
1940, as amended, authorizes the President, when public interest so warrants, to admit as non-
immigrants, foreigners not otherwise provided for by the Act, who are coming for a temporary period only, under such conditions as may prescribed;
WHEREAS, public interest, particularly on an aspect of employment generation for Filipinos warrants the admission of these foreigners as special non-immigrants under Section 47 (a)(2) of CA No. 613, as amended;
NOW, THEREFORE, I GLORIA MACAPAGAL – ARROYO, President of the Republic of the Philippines,
by virtue of the powers vested in me by law, do hereby order:
SECTION 1. Special Visa for Employment Generation (SVEG). – The SVEG is a special visa issued to
a qualified non-immigrant foreigner who shall actually employ at least ten (10) Filipinos in a lawful and sustainable enterprise, trade or industry. Qualified foreigners who are granted the SVEG shall be considered special non-immigrants with multiply entry privileges and conditional extended stay, without need of prior departure from the Philippines.
The privileges of this Executive Order may extend to the qualified foreigner’s spouse and dependent unmarried child/children below eighteen (18) years of age whether legitimate, illegitimate or adopted.
SECTION 2. Who may avail. – Non-immigrant foreigners who wish to avail of the SVEG should comply with the following conditions:
authority to hire, promote and dismiss employees;
b. He evinces a genuine intention to indefinitely remain in the Philippines;
c. He is not a risk to national security; and
d. The foreigner’s commercial investment/enterprise must provide actual employment to at least ten (10) Filipinos in accordance with Philippine labor laws and other applicable special laws.
The above-mentioned requirements must be continually satisfied by the foreigner for him/her to continue to be a holder of the SVEG.
SECTION 3. Application for SVEG. – (a) Upon payment of regulatory fees, the Commissioner of
Immigration shall receive and resolve SVEG applications within fifteen (15) days from the date of filing. Documentary proofs required by the Commissioner of Immigration shall be evaluated and reviewed without strict observance to the technicalities of evidence and procedure.
(b) Upon favourable review, the Commissioner of Immigration shall issue a Notice of Approval directing the foreigner-applicant to report for registration and documentation at the Bureau of Immigration. An Alien Certificate of Registration (ACR) I-Card and an Identification Certification (IC) shall be issued upon payment of appropriate fees. The ACR I-Card and the IC shall indicate among others, the following:
“Status Adjusted without Departure as a Special Non-Immigrant with Multiply Entry Privileges and
Conditional Extended Stay in the Philippines under (this Executive Order)”
(c) Otherwise, the Commission shall issue a Notice of Disapproval informing the foreigner applicant of the denial of his application. Within fifteen (15) days from receipt of such disapproval, the foreigner-applicant may file a motion for Reconsideration (MR) for the review of his application. Only one (1) such Motion shall be entertained.
(d) The Commissioner of Immigration shall monitor the continued compliance by the foreigners of the requirements of the SVEG.
(e) All fees collected by the Bureau of Immigration shall be acknowledged by bonded collecting offices via issuance of official receipts. These collections shall be accounted for as government funds and subject to strict auditing procedures.
SECTION 4. Revocation of the SVEG. – (a) The Commissioner of Immigration shall revoke the SVEG
granted: (i) If the SVEG holder fails to maintain compliance of any of the conditions see forth in Section 2 hereof; (ii) If it was obtained through fraud or willfull misrepresentation of material facts; (iii) Upon conviction of the foreigner by final judgment for a crime or offense in the Philippines; or (iv) A final determination by competent authority that the foreigner poses a risk to national security.
(b) A foreigner whose special non-immigrant status is revoked under Sections 4 (a) (i), 4 (a) (ii) or 4 (a) (iv) hereof shall be deported via summary proceedings. In the case of revocation under Section 4 (a) (iii), the foreigner shall be deported after the service of sentence.
(c) A foreigner deported by the BI Board of Commissioners under this Section shall be transported to the country whence he came, or to the foreign port where he embarked for the Philippines, or the country of his nationality of or of which he is a citizen or subject, or to the country in which he resided prior to his coming to the Philippines.
SECTION 5. Implementing Rules and Regulations and the One-Stop-SVEG Facility. – Within thirty
(30) days from the signing of this Executive Order, the Commissioner of Immigration, together with representatives from the Department of Justice (DOJ), the Department of Finance (DOF), the Department of Trade and Industry (DTI), the Department of Foreign Affairs (DFA), the Department of Labor and Employment (DOLE), the National Intelligence Coordination Agency (NICA) as well as other concerned government agencies, local or foreign chambers of commerce, and stakeholders as determined by the Commissioner of Immigration, shall promulgate the necessary Implementing Rules and Regulations (IRR) to ensure the orderly issuance of the SVEG.
Such IRR shall provide for the establishment of a One-Stop-SVEG Facility within the Bureau of Immigration with the participation of the departments and agencies abovementioned, to assist interested foreigners in the processing of documentary requirements to support their SVEG application (i.e. Alien Employment Permit from the DOLE, etc.)
The IRR shall take effect fifteen (15) days after the completion of its publication in at least two (2) newspapers of general circulation. Copies of the IRR shall be sent to the Office of the President, the Secretary of Justice, and the National Administrative Register at the U.P. Law Center.
SECTION 6. Reportorial Requirements. – The Commissioner of Immigration shall submit regular monthly reports on the implementation of this executive order to the Office of the President and the Secretary of Justice.
Certified copies of the SVEG issued by the Commissioner of Immigration pursuant to this Executive Order, including the supporting documents thereon, shall likewise be furnished to the Secretary of Justice for proper departmental recording and review.
SECTION 7. Construction. – Nothing in this Executive Order shall be construed to diminish or otherwise preclude the President as Chief Executive, and the Secretary of Justice as Department Head, from exercising their respective powers and authorities over the Bureau of Immigration, pursuant to the provisions of the Revised Administrative Code and other existing laws, executive issuances, rules, and regulations.
SECTION 8. Separability Clause. – If any provision of this Executive Order is declared invalid or unconstitutional, the provisions not affected thereby shall continue in force and effect.
SECTION 9. Repealing Clause. – The provisions of other executive issuances, departmental/administrative orders, circulars, instructions, directives and memoranda incostinent herewith are hereby repeal or modified accordingly.
SECTION 10. Effectivity. – This Executive Order shall take effect fifteen (15) days after completion of its publication in at least two (2) newspapers of general circulation.
DONE in the City of Manila, this 17th day of November in the year of Our Lord, Two Thousand and Eight.
(Sgd.) GLORIA MACAPAGAL-ARROYO
By the President:
(Sgd.) EDUARDO R. ERMITA
Executive Secretary
_________________________________________________________________
Steps in the Applications for Conversion to Probationary Special Visa for Employment Generation (SVEG)
Pursuant to Executive Order No. 758, series of 2008 in relation to Memorandum Circular No. MCL-09-001
1. PAYMENT OF FEES (for payment of Filing and Express Fee, BI Clearance and Legal Research Fee);
* Ground Floor of the BI Main Bldg.
2. FOR TRANSMITTAL TO THE ONE STOP SHOP for evaluation, hearing and preparation of orders;
* located in the Fourth Floor of BI Main Bldg.
3. APPLICATION WILL BE FORWARDED TO THE OFFICE OF ASSOCIATE COMMISSIONER’S OFFICE FOR HIS APPROVAL and/or DENIAL;
* 2nd Floor of BI Main Bldg
4. IF APPROVED, the application will be forwarded to the EXECUTIVE OFFICE ( 2nd floor) issuance of Order of Payment Slip and acceptance of receipt;
IF DENIED, the applicant may file upon receipt of such denial, a Motion for Reconsideration within forty-five (45 days) upon payment of filing fee, legal research fee, BI Clearance and Express Fee.
The MR will be evaluated by the One Stop Shop for recommendation to the Commissioner.
5. The EO will forward the folder to the ASSOCIATE COMMISSIONER for the stamping of the SVEG on the passport of the applicant;
6. The applicant will apply for an ACR-I Card before the Alien Registration Division (located in the BI Ground Floor);
7. The folder and application whether denied and/or approved will be transmitted to the Records Section.
______________________________________________________________
1.Notarized letter request of the applicant certifying among others that :
2.General Application Form duly accomplished and notarized (BI Form No. MCL-07-01);
- a. He/She maintains a lawful immigration status in the Philippines;
- b. The applicant is engaged in a viable and sustainable business activity, investment, enterprise or industry in the Philippines;
- c. The applicant exercises acts of management with authority to employ, promote and dismiss employees;
- d. The applicant evinces a genuine intention to indefinitely remain in the Philippines, for purposes of investment;
- e. The business activity, investment, enterprise or industry is a real and on-going affair requiring daily supervision that shall provide employment for at least ten (10) long-term full time/regular Filipino workers in accordance with Philippine Labor laws and other applicable special laws;
- f. The applicant undertakes to continuously comply with conditions and limitations of the SVEG, as maybe imposed by the Commissioner of Immigration
3.Photocopy of passport and visa of the applicant;
4.Certified true copies of the SEC Registration, Articles of Incorporation and latest General Information Sheet of the company that employs Filipino workers;
5.Proof of investment of the applicant if any or nomination or endorsement of the entity, firm, partnership or corporation that the applicant exercise managerial function and that the said firm, entity, partnership or corporation employs ten Filipino workers;
6.Certified true copy of the Alien Employment Permit issued by the Department of Labor and Employment (DOLE), whenever applicable;
7.DOLE certification that the applicant’s activity, investment, enterprise or industry in the Philippines employs at least ten (10) Filipino workers;
8.BI Clearance;
9.NICA Clearance;
10.BIR Permit, Mayor’s Permit and Business Permit for established corporation and business entity;
11.Proof of compliance with the PhilHealth, Pag-ibig and SSS requirements
If the applicant is joined by his/her spouse and dependent unmarried minor children below 18 years of age:
1.BI general application Form
2.Photocopy of passport and visa of the dependent
3.Copy of marriage contract of applicant and spouse and/or birth certificate of minor unmarried children (NSO certified) or authenticated by the Philippine Embassy/ Consulate where the marriage was solemnized or place of birth, as the case maybe
4.BI Clearance
5.Payment of fees in the same amount as the principal applicant had paid
____________________________________________________________________
Frequently Asked Questions about Special Visa for Employment Generation (SVEG)
1)What is SVEG?
The SVEG is a special visa issued to a qualified non-immigrant foreigner who shall actually employ at least ten (10) Filipinos in a lawful and sustainable enterprise, trade or industry.
2)Who are qualified to avail of the SVEG?
A SVEG shall be issued to a foreigner or foreigners with interest in an entity, firm, partnership or corporation that establishes, expands or rehabilitates a business activity, investment, enterprise or industry for every 10 full-time/ regular Filipino workers who are actually employed by such entity, firm, partnership or corporation on a long-term basis in the Philippines.
Foreigners exercising managerial functions in an entity, firm, partnership or corporation, that has the power to hire, dismiss and promote employees provided that they are not nominated and their application for SVEG are endorsed by such entity, firm, partnership or corporation that employs ten (10) Filipino workers.
3)What is the nature of employment of the Filipino workers?
The Filipino workers must be full-time/regular and occupies managerial, executive, professional, technical, skilled or unskilled positions in a business activity, investment, enterprise or industry in the Philippines excluding housekeepers and household workers, domestics, nannies, cooks, guards, caretakers and the like.
4)What are the privileges of having an SVEG?
The SVEG holder shall have multiple entry privileges and is exempted from payment of exit clearance certificate and special return certificate. He shall be issued a one (1) year probationary SVEG which could be amended to indefinite stay. SVEG may be extended to spouse and dependent unmarried child/ children of the SVEG holder below eighteen (18) years of age whether legitimate, illegitimate or adopted.
However, SVEG holders will be required to pay annual report fees every first sixty (60) days of every year under the Alien Registration Act of 1950, as amended.
5)What are the documents required for SVEG application?
- a. Notarized application letter of the applicant;
- b. General Application Form duly accomplished and notarized (BI Form No. MCL-07-01);
- c. Photocopy of passport and visa of the applicant;
- d. Certified true copies of the SEC Registration, Articles of Incorporation and latest General Information Sheet of the company that employs Filipino workers;
- e. Proof of Investment of the applicant if any or nomination or endorsement of the entity, firm, partnership or corporation that the applicant exercise managerial function and that the said firm, entity, partnership or corporation employs ten Filipino workers;
- f. Certified true copy of the Alien Employment Permit issued by the Department of Labor and Employment (DOLE), whenever applicable;
- g. DOLE certification that the applicant’s activity, investment, enterprise or industry in the Philippines employs at least ten (10) Filipino workers;
- h. BI Clearance;
- i. NICA Clearance;
- j. BIR Permit, Mayor’s Permit and Business Permit for established corporation and business entity;
- k. Proof of compliance with the PhilHealth, Pag-ibig and SSS requirements.
6)How much would it cost to apply for SVEG?
| Filing Fee | Php | 3,520.00 |
| Implementation Fee | Php | 6,320.00 |
| Express Lane Fee | Php | 500.00 |
| ACR I-Card | USD | 50.00 |
7)Where do I process the SVEG?
SVEG is being process in the SVEG One-Stop Shop Center (SVEG-OSSC) located at Room 412, Bureau of Immigration Bldg. in Intramuros, Manila. However, BI Satellite Offices may accept SVEG applications for transmittal to the SVEG-OSSC.
8)What is the SVEG processing time?
Upon completion of the SVEG documentary requirements, SVEG-OSSC shall have fifteen (15) days to process the SVEG.
9)What will happen if I failed to maintain the employment of ten (10) Filipino workers?
The SVEG holder is mandated to maintain the employment of ten (10) long-term and full-time/regular Filipino workers. In case of failure or inability to comply, the SVEG holder shall immediately submit the reasons for non-compliance to the Bureau of Immigration. Otherwise, the BI shall terminate the privileges of the SVEG holder. The termination of the SVEG may be reviewed via petition for review to the Secretary of Justice within 15 days from notice.
10) What are the other obligations of the SVEG holder?
The SVEG holder shall at least once a month after the year ends, file a sworn annual report at the Office of the Commissioner on the status of the employment of Filipino workers supported by the following documents:
- a. Latest General Information Sheet (GIS) duly stamped received by the Securities and Exchange Commission (SEC);
- b. Certification under oath from the Corporate Secretary that the SVEG holder is a bona fide employee holding managerial/executive position and/ or a stockholder in good standing;
- c. Mayor’s Business Permit of the City/municipality where the principal place of business is located;
- d. Department of Labor and Employment (DOLE) Inspection Report stating that the corporation/employer has no violation of existing labor laws and other applicable laws.
For more information, please log on at www.immigration.gov.ph or
Visit the BI SVEG One-Stop Shop Center and look for the following lawyers:
Atty. Cris M. Villalobos (Rm. 412) (02) 301-0976
Atty. Arnulfo D. Maminta (Rm. 404) (02) 527-3301
Atty. Carlos B. Capulong (Rm. 406) (02) 527-3281
Atty. Vicente G. Uncad (Rm. 427) (02) 339-1110
Atty. Henry B. Tubban (Rm. 403) (02) 527-5663
Atty. Maricel S. Sulit (A/C Almoro’s Office) (02) 338-4536
____________________________________________________________________
FOCAL PERSONS for SVEG
Special Visa for Employment Generation - One Stop Shop Center (SVEG-OSSC)
Associate Commissioner Roy M. Almoro - Commissioner-In-Charge, SVEG-OSSC
Atty. Cris M. Villalobos - Chief, SVEG-OSSC
Rm. 412
Tel. Nos.: (632) 301.0976 (632) 527-5660
Members:
Atty. Carlos B. Capulong - Rm. 406 (632) 527.3281
Atty. Maricel S. Sulit - A/C Almoro’s Office (632) 338.4536 (632) 338.4537
Atty. Henry B. Tubban - Rm. 403 (632) 527.5663
Atty. Arnulfo D. Maminta - Rm. 404 (632) 527.3301
Atty. Vicente G. Uncad - Rm. 427 (632) 339.1110
Dir. Maria Criselda R. Sy
Tel: (632) 528.0087 Fax: (632) 527.2421
NICA (BI 3rd floor Main Bldg, Intramuros, Manila)
Rodrigo J. Vasallo
BOI - Board of Investments
Ms. Lucita P. Reyes (Executive Director-Project Assesment Group)
and/or Ms. Erlinda F. Arcellana (Director -Incentives Department)
Tel: (632) 897-6682 Fax Nos:(632) 895-3521
Email: OSAC@boi.gov.ph
Provinces - Regional Directors of DOLE
DOLE-NCR -Ms. Lorna Obedoza
Tel: (632) 404.6011 (632) 303.0364 (632) 303.5921
DOLE Region I
Henry John S. Jalbuena
Tel: (072) 700.2520
DOLE Region III
Nathaniel Lacambra
Tel: (045) 455.1613 (045) 861.4383
DOLE Region IV
Atty. Ricardo Martinez
Tel: (049) 545.7360
Aida M. Estabillo
Jaro, Iloilo
Tel: (033) 509.0400
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