Companies applying for 9(g) Visas must report numbers of foreign workers

IMPACT – MEDIUM

What is the change? The Bureau of Immigration is now requiring companies to submit a certificate indicating the number of foreign workers in their workforce.

What does the change mean? Companies must submit the certificate at the time they file an application for a 9(g) Visa.

• Implementation timeframe: Immediate.
• Visas/permits affected: 9(g)Pre-arranged Employment Visa (Commercial).
• Who is affected: Companies sponsoring foreign workers for the above visa.
• Business impact: The new certificate will give immigration and labor authorities greater oversight of employers’ recruitment of foreign labor in proportion to local labor.
• Next steps: Companies must include the certificate of the number of foreign employees on a prescribed form as part of the documents in support of a 9(g) application.

Background: On the new form, a company must state the number of foreign workers and the number of Filipino workers it employs at the time of filing a 9(g) application. Since the form does not specify the foreign employees’ qualifications, companies filling out the form should report all foreign workers, including those holding other types of visas. The form, which must be notarized, is intended to ensure that the hiring of foreign workers does not negatively impact the job opportunities, wages or working conditions of Filipino workers.

BAL Analysis: The Bureau of Immigration and Department of Labor are working together to strictly enforce the new rule. Companies should be sure to include the form with other required documents for every 9(g) application.

This alert has been provided by the BAL Global Practice group and our network provider located in the Philippines. For additional information, please contact your BAL attorney.

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