Philippines | Immigration | Conditions requirements for promoted sec. 9(g) Commercial Visa holders


August 2, 2024

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Immigration 

Philippines | Conditions requirements for promoted sec. 9(g) Commercial Visa holders

Summary

The Bureau of Immigration (BI) issued Board Resolution No. 2024-001 which provides guidelines on the impact for Pre-arranged Employment [9(g)]-Commercial Visa holders who are promoted within the same company. 

Details

This resolution reiterates the mandate issued in 2012, where the BI confirmed that there is no need to request for a 9g visa downgrading/cancellation in case the 9g visa holder is promoted to a higher position in the same petitioning company/local employer. 

Promoted 9g visa holders through their local employer should:

  1. Apply for a new Alien Employment Permit (AEP) reflecting the new position 15 calendar days before the start date under the new position.
  2. Submit to the BI the Notice of Promotion prior to the employee’s assumption to the promoted position and performance of duties and functions.
  3. Within 30 days from the submission of the Notice of Promotion, file an application for extension of 9g visa.
  4. Surrender the old Alien Certificate of Registration (ACR) I-Card (under the old position) and apply for a new ACR I-Card under the new position.

What it means to the employees

Prior to the issuance of this resolution, employees who are promoted and are holding 9g visas are required to update their AEP to show the new position. The process stops here until about 60 days before the expiry of the current 9g visa when 9g visa extension applications can be filed.

However, with the issuance of the new resolution, promoted 9g visa holders should no longer wait for the renewal period of the AEP and 9g visa before an update in the position is requested.  

Impact of non-compliance/delay

Non-compliance or delay in the filing of a 9g visa extension due to promotion shall cause the outright denial or disapproval of the 9g visa extension with Order to Leave.

How we can help

Contact your Vialto Partners contact, or one of us in the information below if you have any queries about the content in this newsletter, or would like to discuss any other business immigration and mobility issues.

Contact us

Larissa Dalistan-Levosada
Director

Kimberly Cantor
Senior Manager