Amicus Curiae

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Public interest is a paramount consideration underlying Philippine immigration policy. In admitting foreigners and regulating the scope of their permissible activities, the government ensures that foreigners do not become a public charge and that their presence benefits the society.

Special privileges, such as multiple-entry privileges and permanent residence, are generally accorded only to foreigners who possess special skills or expertise that advance national development objectives, or those who have sufficient capital for investments that stimulate the economy and boost local employment.

Two immigration pathways are particularly relevant for such foreigners: the Special Visa for Employment Generation (SVEG) and the Quota Immigrant Visa. The updated guidelines on these visas were issued by the Bureau of Immigration (BI), through Board Resolution No. 2025-002, and took effect on Sept. 15, 2025.

SVEG
The SVEG is a special visa issued to qualified foreigners who actually employ at least 10 Filipinos in a lawful and sustainable enterprise. The SVEG is provided for under Executive No. 758 s. 2008, with the primary objective of creating job opportunities for Filipinos.

SVEG holders, who are considered special non-immigrants under Section 47(a)(2) of the Philippine Immigration Act (PIA), are granted multiple-entry privileges and conditional extended stay in the country. These privileges may also extend to the foreigner’s spouse and unmarried children below 18 years old.

To qualify for the SVEG, the applicant must comply with the following conditions:

1. He shall actually, directly or exclusively engage in viable and sustainable commercial investment/enterprise in the Philippines, exercises/performs management acts or has the authority to hire, promote and dismiss employees;

2. He evinces a genuine intention to indefinitely remain in the Philippines;

3. He is not a risk to national security; and,

4. His commercial investment/enterprise must provide actual employment to at least 10 Filipinos in accordance with Philippine labor laws and other applicable special laws.

Continuous compliance with these conditions is required. Otherwise, the SVEG may be revoked and the foreigner may be subject to deportation via summary proceedings.

Under the New Guidelines, SVEG applicants must undertake to employ at least 10 full time Filipinos on a regular basis and/or to invest in the rehabilitation of an existing business to enable the retention of at least 10 Filipino workers. They must also undertake to pay the employees’ required social security contributions and ensure that no employee receives compensation below the minimum wage.

To address national security considerations, applicants must have no derogatory records, and must submit a valid clearance from the National Bureau of Investigation if the application is filed six months or more from the date of their first arrival in the Philippines. Should the applicant occupy a position in the company, he must also secure an Alien Employment Permit from the Department of Labor and Employment.

QUOTA IMMIGRANT VISA
Under Section 13 of the PIA, the quota immigrant visa, which allows the holder to permanently reside in the Philippines, may be issued to not more than 50 of any one nationality or without nationality in a calendar year.

In allotting quota numbers, the New Guidelines provide that the BI must accord preferential status to applicants who possess qualifications, skills, or scientific, educational, or technical knowledge (special qualifications) which will advance and be beneficial to the national interest of the Philippines, and sufficient capital for a viable and sustainable investment in the country. Notably, the New Guidelines increased the minimum required investment from $50,000 to $100,000.

Unlike previous rules which applied a sequential order of priority by first considering the applicant’s special qualifications, and only thereafter assessing the applicant’s sufficient capital for investment, the New Guidelines indicate that both factors are now evaluated concurrently in the allocation of quota numbers. This change reflects a more holistic approach in assessing an applicant’s overall contribution to national development.

The New Guidelines further require applicants to be at least 30 years old and to have a cumulative stay in the Philippines of at least 180 days within a calendar year. Applicants must also submit proof of their special qualifications and of their financial capacity or investment. Acceptable proof of investment includes a Certificate of Inward Remittance, certificates of ownership or purchase of a condominium unit, or documents evidencing ownership of or investment in an existing corporation, enterprise or business.

The Philippines’ evolving visa policies continue to advance public interest by encouraging foreign investments that generate employment and foster skills development among Filipinos. While these policies recognize the role of foreigners in contributing to economic growth, these are carefully calibrated to ensure compliance with immigration laws and to safeguard national security and public welfare. Foreigners who avail of the SVEG and the Quota Immigrant Visa must therefore strictly comply with the conditions of their stay to sustain the balance between openness to investment and responsible regulation.

This article is only for general informational and educational purposes and is not offered as and does not constitute legal advice or opinion.

 

Kristine Bernadette F. Soriano is an associate of the Immigration department of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW).

kfsoriano@accralaw.com

(632) 8830-8000