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IMPACT – MEDIUM
What is the change? The Bureau of Immigration will stop allowing foreign workers whose 47(a)(2) Special Non-Immigrant visas have expired to convert to another visa type in-country – including through change of status, or “downgrading,” to 9(a) Temporary Visitor visas.
What does the change mean? Holders of the 47(a)(2) visa must immediately leave the Philippines upon expiration of their visas.
Background: The Bureau of Immigration has verbally notified immigration practitioners that it has been instructed by an internal Justice Department memo to disallow “downgrading” and to order foreign employees with expired 47(a)(2) visas to leave the country immediately. Though change of status to a 9(a) visa may still be allowed in some cases, it will only be in order to give employees time to wrap up their affairs and leave as soon as possible without being subject to additional overstay penalties. If their 47(a)(2) visas have expired, they will only be allowed to apply for another non-immigrant work visa after leaving the Philippines and returning.
BAL Analysis: The unofficial policy is still too fresh to know how it will be implemented in practice. For example, there is no information yet on whether a cooling-off period will be required before re-entering the Philippines to apply for another non-immigrant work visa. BAL will update clients as the details become available.
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.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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