The Legal Responsibilities of Employers Sponsoring 9G Visas

Sponsoring a 9G visa, also known as the Pre-Arranged Employment Visa, involves several legal responsibilities for employers in the Philippines. The 9G visa allows foreign nationals to live and work legally in the country under the sponsorship of a Philippine-based company. Employers must adhere to specific legal obligations throughout the application process and during the employment period to ensure compliance with immigration and labor laws. This guide outlines the key legal responsibilities that employers must fulfill when sponsoring a 9G visa.

1. Securing the Alien Employment Permit (AEP)

Before applying for a 9G visa, the employer must first secure an Alien Employment Permit (AEP) from the Department of Labor and Employment (DOLE). The AEP certifies that the foreign employee possesses skills or expertise that are not readily available in the local labor market.

Employer Responsibilities:

• Job Posting Requirement: The employer must publish the job vacancy in a newspaper of general circulation for at least three days to allow qualified Filipino applicants to apply.
• Document Submission: Submit a completed AEP application form, along with the employment contract, company registration documents (e.g., SEC registration, business permit), and proof of job posting.
• Payment of Fees: Pay the necessary fees for the AEP application (approximately PHP 9,000 for a one-year permit).
• Compliance with Labor Laws: Ensure that the foreign national’s employment does not displace qualified Filipino workers.

Tip: Start the AEP application process early, as it is a prerequisite for the 9G visa application and may take several weeks to process.

2. Filing the 9G Visa Application

Once the AEP is obtained, the employer must assist the foreign employee in filing the 9G visa application with the Bureau of Immigration (BI).

Employer Responsibilities:

• Preparation of Documents: The employer is responsible for preparing and providing the necessary company documents, including:
  • Joint Letter Request addressed to the BI Commissioner, signed by both the employer and the foreign employee.
  • Company’s SEC registration, Articles of Incorporation, and latest General Information Sheet (GIS).
  • Mayor’s Permit or Business Permit.
  • Latest Income Tax Return (ITR) with proof of payment.
• Completeness and Accuracy: Ensure all documents are complete, accurate, and consistent. Any discrepancies may lead to delays or denial of the visa application.
• Payment of Visa Fees: Cover the costs associated with the 9G visa application, including processing fees, visa issuance fees, and ACR I-Card fees.

Tip: Maintain open communication with the Bureau of Immigration to track the status of the application and respond promptly to any additional requests for documentation.

3. Monitoring Visa Status and Renewals

The employer has an ongoing responsibility to monitor the visa status of the foreign employee and ensure that the 9G visa is renewed before its expiration date. The 9G visa is typically valid for one year and may be renewed annually.

Employer Responsibilities:

• Track Expiration Dates: Keep a record of the 9G visa and Alien Employment Permit (AEP) expiration dates to initiate the renewal process in a timely manner.
• Submit Renewal Applications: Assist the employee in preparing and submitting the necessary documents for visa renewal, including an updated employment contract, valid AEP, and updated company documents.
• Payment of Renewal Fees: Cover the costs associated with the visa and ACR I-Card renewal.

Tip: Start the renewal process at least two months before the expiration date to avoid penalties or lapses in the employee’s legal status.

4. Ensuring Compliance with Labor and Immigration Laws

Employers must comply with Philippine labor laws and immigration regulations when employing foreign nationals under a 9G visa.

Employer Responsibilities:

• Adhere to Labor Standards: Provide the foreign employee with fair compensation, benefits, and working conditions as mandated by the Labor Code of the Philippines. This includes providing 13th-month pay, overtime pay, and holiday pay.
• Tax Compliance: Withhold and remit the correct income taxes from the foreign employee’s salary to the Bureau of Internal Revenue (BIR). The employer must also ensure that the foreign employee is registered with the BIR and has a Tax Identification Number (TIN).
• Regular Reporting: Submit periodic reports to the Bureau of Immigration and DOLE regarding the employment status of the foreign employee. Notify the relevant agencies of any changes in the employee’s job role, salary, or employment status.

Tip: Establish a compliance checklist and conduct regular internal audits to ensure adherence to all labor and immigration regulations.

5. Handling Changes in Employment Status

If there are changes in the foreign employee’s job position, salary, or employment status, the employer must notify the Bureau of Immigration and secure the necessary approvals.

Employer Responsibilities:

• Changes in Job Role or Salary: Submit an updated employment contract and a new Alien Employment Permit (AEP) application if the foreign employee’s job role or salary changes significantly.
• Termination of Employment: If the foreign employee’s employment is terminated, the employer must notify the Bureau of Immigration immediately and assist the employee in canceling the 9G visa and downgrading to a temporary visitor visa (9A) if necessary.
• Transfer to a New Employer: If the foreign employee wishes to transfer to a different employer, the current employer must assist in downgrading the visa and provide a clearance certificate. The new employer will need to apply for a new 9G visa under their sponsorship.

Tip: Maintain clear records of all employment changes and communicate promptly with the Bureau of Immigration to ensure compliance.

6. Assisting with the Alien Certificate of Registration Identity Card (ACR I-Card)

The ACR I-Card is an essential identification card for foreign nationals holding a 9G visa. The employer must assist the foreign employee in obtaining and renewing the ACR I-Card.

Employer Responsibilities:

• Application Submission: Help the foreign employee complete the ACR I-Card application and submit it to the Bureau of Immigration.
• Biometrics Capturing: Ensure the employee undergoes the required biometrics capturing process for the ACR I-Card.
• Renewal of ACR I-Card: Renew the ACR I-Card concurrently with the 9G visa renewal.

Tip: The ACR I-Card must be carried by the foreign employee at all times as proof of legal residency in the Philippines.

7. Avoiding Legal Penalties

Employers who fail to comply with the legal responsibilities of sponsoring a 9G visa may face penalties, fines, and legal actions from the Bureau of Immigration and other government agencies.

Common Penalties:

• Fines for Non-Compliance: Penalties for hiring foreign employees without the proper visa or work permit.
• Liability for Overstaying: Employers may be held liable if they fail to monitor the visa status and renewal of their foreign employees.
• Legal Consequences: Possible suspension or revocation of the company’s business permit for repeated violations.

Tip: Stay informed about updates in immigration laws and labor regulations to ensure compliance and avoid legal issues.

Conclusion

Sponsoring a 9G visa for foreign employees involves significant legal responsibilities for employers in the Philippines. By adhering to the requirements for obtaining permits, monitoring visa status, and complying with labor laws, employers can ensure a smooth and lawful employment process for foreign nationals.