Work Visa for Foreign Nationals in the Philippines: A Step-by-Step Guide

Foreign nationals who want to work in the Philippines generally need two things: an employment permit authorizing the work, and a visa allowing entry and stay. Under the Omnibus Rules Implementing the Labor Code, an employment permit is the authority issued by the Secretary of Labor and Employment to a non-resident alien to work in the Philippines, or to an employer engaged in business in the Philippines to employ such alien. Separately, the Philippine Immigration Act of 1940 allows an alien coming for prearranged employment to be admitted as a nonquota immigrant, but only after the employer's petition is approved and a visa is authorized.

Who counts as a non-resident alien worker

The Omnibus Rules define a non-resident alien as any alien already in the Philippines, or seeking admission to the Philippines, to obtain employment in any public or private enterprise. If the foreign national is already inside the country, the employment permit route applies. If the foreign national is still abroad, the employer must first secure authorization for a visa before the alien applies at a Philippine consular office.

Step 1: The employer files a petition for prearranged employment

Under Section 20 of the Philippine Immigration Act of 1940, a nonquota immigration visa for an alien coming to prearranged employment cannot be issued by a consular officer until the officer receives authorization. That authorization is given only upon a petition filed with the Commissioner of Immigration.

The petition must establish two things: that no person in the Philippines can be found willing and competent to perform the labor or service for which the immigrant is desired, and that the immigrant's admission would be beneficial to the public interest.

The petition is made under oath by the prospective employer or a representative, and must state:

• The nature of the labor or service required;
• The probable length of engagement;
• The wages and other compensation;
• The reasons why a person in the Philippines cannot be engaged; and
• Why admission benefits the public interest.

A certified copy of any written contract or agreement for the immigrant's service must accompany the petition, and the Board of Commissioners may require substantiation of any allegation.

Step 2: The Board of Commissioners grants the petition

If the Board of Commissioners finds the petition complies with the requirements and the facts entitle the petitioner to authorization, it grants the petition. The Commissioner then informs the petitioner and promptly transmits the authorization to the consular office where the immigrant will apply for a visa.

A key benefit follows: such an immigrant, upon receiving a visa and applying for admission, is exempt from the exclusion of aliens coming to perform unskilled manual labor under a promise or offer of employment.

Step 3: The consular officer issues the visa

With authorization in hand, the foreign national applies for the immigration visa at the Philippine consular office. Under Section 15 of the Philippine Immigration Act of 1940, immigrants must present an unexpired passport or similar travel document, plus a valid immigration visa issued by a consular officer. The form and manner of applying, and the visa's validity, are established by regulations.

Note that under Section 17, no immigration visa shall be issued if the consular officer knows or has reason to believe the immigrant is inadmissible under the immigration laws.

Step 4: Entry and documentary requirements

On arrival, the alien is examined by immigration officers. Under Section 6 of the Philippine Immigration Act of 1940, immigrant inspectors are empowered to admit any alien complying with the applicable provisions of the immigration laws, to administer oaths, and to take evidence concerning the right of any alien to enter or reside in the Philippines.

An alien who does not appear clearly and beyond doubt entitled to land may be detained for examination by a board of special inquiry, whose decision is final unless reversed on appeal by the Board of Commissioners.

Step 5: The employment permit from the Department of Labor and Employment

The visa governs entry and stay; the employment permit governs the actual work. Under the Omnibus Rules, the employment permit is issued by the Secretary of Labor and Employment either to the non-resident alien to work in the Philippines, or to an employer engaged in business in the Philippines to employ such alien. The same Rules contemplate an understudy — a qualified Filipino citizen designated by a local employer to be trained by the foreign national allowed to work under an approved understudy training program.

Frequently asked questions

Can a foreigner work in the Philippines without a job offer from a Philippine employer? The prearranged employment route under the Philippine Immigration Act of 1940 is built around a petition by a prospective employer. The employer must show that no person in the Philippines is willing and competent to perform the work.

What does the employer need to prove to hire a foreign national? Two things: that no one in the Philippines can be found willing and competent to do the job, and that admitting the foreign national would be beneficial to the public interest.

What happens if the foreign national is not clearly admissible at the airport? The alien may be detained for examination by a board of special inquiry. The alien may appeal an exclusion to the Board of Commissioners and has the right to be represented by an attorney or counsel with access to the record.

Practical takeaways

• A foreign national needs both an entry document (visa) and an employment permit to work legally in the Philippines.
• The employer drives the process by filing a petition with the Commissioner of Immigration for prearranged employment.
• The petition must prove the unavailability of a willing and competent person in the Philippines and benefit to the public interest.
• The consular officer cannot issue the visa until the Commissioner transmits authorization.
• Keep the certified service contract ready — it must accompany the petition.

Primary sources

The rules discussed above are drawn from the following primary sources, as published in the Official Gazette and the national statute book.

• Commonwealth Act No. 613, August 26, 1940

• OMNIBUS RULES IMPLEMENTING THE LABOR CODE - OMNIBUS RULES IMPLEMENTING THE LABOR CODE

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.