(NAR) VOL. 26 NO. 1/ JANUARY - MARCH 2015

[ BI Immigration Memorandum Circular No. SBM-2015-002, February 27, 2015 ]

REQUIRING PETITIONING COMPANIES FOR EMPLOYMENT VISA TO SUBMIT CERTIFICATION OF NUMBER OF FOREIGN EMPLOYEES



Adopted: 27 February 2015
Date Filed: 03 March 2015

WHEREAS, Book 1, Rule XIV, Section 2 of the Labor Code of the Philippines requires all employers employing aliens, whether resident or nonresident, to submit a list of such nationals to the Department of Labor and Employment;

WHEREAS, the rationale behind the foregoing provision is to ensure that the employment of aliens will not adversely affect the job opportunities, wages and working conditions of Filipino workers;

WHEREAS, the present Checklist of Documentary Requirements for conversion to Pre-Arranged Employment Visa (Commercial) under Section 9(g) in relation to Section 20(a) of Commonwealth Act no. 613 (CA 613), otherwise known as the Philippine Immigration Act of 1940, as amended, does not provide for such requirement;

WHEREFORE, pursuant to the rule making power of the Commissioner as provided in Section 3 of CA 613, it is hereby ordered that petitioning corporations/partnerships/sole proprietorships are required to submit a Certification (Annex "A") as to the number of foreign employees under its employment as of the time of filing of application for Pre-arranged Employment Visa (Commercial), in addition to existing documentary requirements.

This Circular shall take effect immediately upon publication.

Furnish a copy of this Circular to the Office of the National Administrative Register (ONAR), U.P. Law Center, Diliman, Quezon City.

27 February 2015

(SGD) SIEGFRED B. MISON
Commissioner


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