The Philippines Bureau of Immigration (BI) issued Board Resolution No. 2024-0011 which introduces new requirements for holders of a 9(G) Commercial Visa (also referred to as the “9(G) Pre-arranged Employment Visa”) who get promoted within the same company.
Why this matters
The issuance brings clarity to the conditions and requirements associated with job promotions of 9(G) Commercial Visa holders. By updating the guidelines, the BI aims to help ensure that requirements are clearly defined and uniformly applied.
Conditions and Requirements
The current rule is that a 9(G) visa holder is no longer required to downgrade his or her visa to a 9(A) Temporary Visitor’s Visa when he or she gets promoted. The Board Resolution reiterates the requirement for the company to file a petition to extend the existing and valid visa co-terminus with the Alien Employment Permit issued by the Department of Labor and Employment.
Additionally, the issuance introduces the following rules for 9(G) Commercial Visa holders who are promoted:
- The employer shall submit a Notice of Promotion to the Bureau of Immigration with attachment of the applicant’s original or certified true copy of appointment or election to the position to which he or she was promoted prior to his or her assumption of the new position and/or the performance of the duties and functions thereof.
- Within thirty (30) days from the BI’s receipt of such Notice of Promotion, the employer shall file an application for extension of the existing 9(G) Commercial Visa of the applicant.
- The 9(G) Commercial Visa holder must surrender his/her existing ACR I-Card for cancellation and apply for the issuance of a new one under his or her new position. The validity thereof shall be co-terminus with the implemented 9(G) Commercial Visa extension.
Non-compliance with the requirements shall cause the outright denial or disapproval of the extension applied for, and the cancellation of the applicant’s existing 9(G) Commercial Visa with an Order to Leave.
KPMG insights
The introduction of the Notice of Promotion requirement, along with the need to apply for the extension within 30 days of submitting this notice, shifts greater responsibility to employers.
To foster timely submission and compliance with this requirement, it is essential for employers to promptly inform their immigration providers regarding promotions of foreign national employees. This approach will help maintain compliance with immigration laws and prevent any disruptions to their employees’ visa status.
If companies need assistance with understanding the requirements for promoted 9(G) Commercial Visa holders, they may reach out to their immigration counsel or a member of the immigration team with KPMG in the Philippines (see the Contacts section).
Contacts
Additional Resources
Footnotes
1 See (in English) BR-2024-001 (immigration.gov.ph).
Disclaimer
* Please note the KPMG International member firm in the United States does not provide immigration or labour law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.
The information contained in this newsletter was submitted by the KPMG International member firm in the Philippines.
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