RAD-JR-11-007 Revised Implementing Rules and Regulations for EO 758, Prescribing Guidelines for Issuance of Special Visa to NonImmigrants for Employment Generation
Section 2. SVEG, To Whom Issued.
Subject to the restrictions imposed by the Constitution and existing laws, the SVEG shall be issued to a foreign national who shall employ at least ten (10) Filipinos in a lawful and sustainable enterprise, trade or industry in the Philippines. The foreign national shall actually, directly and exclusively engage in a viable and sustainable investment in the Philippines and perform management acts or the authority to hire, promote and dismiss employees therein. The foreign national must show proof that the has substantial investment in an entity, firm, partnership or corporation that establishes, expands or rehabilitates a business activity, investment, enterprise or industry and that said investment enables the initial or additional employment of at least ten (10) Filipino workers on a regular basis, provided that the foreign equity participation is consistent with the Constitution, the Foreign Investment Act and other special laws. In case said investment is for rehabilitation of business, enterprise or industry, the foreign national must show satisfactory proof that said investment enabled the retention of at least ten (10) Filipino workers or employees on a regular basis, and without said investment, existing Filipino workers or employees would suffer loss of employment. Section 3. Definition of Terms. For purpose of these Rules, the terms hereunder shall be construed as follows:
a. Substantial Investment is an amount of investment which is sufficient to
maintain at least ten (10) full-time Filipino workers or employees on a regular basis, taking into consideration the amount of wages or salary and duration of work as reflected in their employment contacts. b. Viable and sustainable investment is any business activity, investment, enterprise or industry in the Philippines, not prohibited to foreign nationals by any law, rules and regulations, and which provides employment to at least (10) full-time Filipino workers or employees on a regular basis. c. Household workers are those who render service in the foreign nationals home which is usually necessary or desirable for the maintenance and enjoyment thereof and includes ministering to the personal comfort and convenience of the members of the household of the foreign national. d. Rehabilitation of a business, enterprise or industry is any act by a foreign national of infusing substantial investment that enabled a business, enterprise or industry in financial distress to continue its business activities. Section 4. Nature of Employment of Filipino Workers. Under these Rules, the employment of at least ten (10) Filipino workers shall be for managerial, executive, professional, technical, skilled or unskilled positions in a business activity, investment, enterprise or industry in the Philippines, excluding personal employees of the foreign national such as household workers and the like.