• Insights

Provisional Work Permit Replaces Special Work Permit for Work Visa Applicants

August 21, 2019

insight-news-default

Country / Territory

  • Republic of the PhilippinesRepublic of the Philippines

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • In the Philippines, applicants for the 47(a)(2) Special Non-Immigrant Visa seeking to start work during the processing of their long-term work visa must now apply for a Provisional Work Permit (PWP) instead of a Special Work Permit (SWP).
  • Because of this restriction, 47(a)(2) visa applicants will no longer be allowed to obtain an SWP.
  • Since both categories have similar processing times and validity periods, there is no apparent impact on timeframes or stay rules; the only differences are the sequence in which the applications are filed and documentary requirement variances between the two categories.

The situation

In the Philippines, applicants for the 47(a)(2) Special Non-Immigrant Visa seeking to start work during the processing of their long-term work visa must now apply for a Provisional Work Permit (PWP) instead of a Special Work Permit (SWP), according to a new regulation published by the Bureau of Immigration.

A closer look

  • Eligibility for PWP. Only 9(g) Pre-arranged Employment Visa applicants and 47(a)(2) visa applicants are eligible to obtain a PWP. They must first apply for an Alien Employment Permit (AEP) prior to applying for the PWP.
  • Processing time. A typical PWP application takes approximately two to three weeks to process from the filing date (as does the SWP).
  • Limitation on the SWP. With this restriction, 47(a)(2) visa applicants can no longer obtain SWPs.

 

Impact

  • Little impact on processing time. Both PWP and SWP temporary or interim work authorizations that allow the applicant to start working while their long-term work visa is being processed. There is no apparent impact on timeframes or stay rules, since both categories have similar processing times and validity periods.
  • Filing sequence and documentary requirements may vary. The order of filing steps and documentary requirements may differ between the PWP and SWP processes.  The PWP, unlike the SWP, is filed after the AEP is lodged with the Department of Labour and Employment (DOLE).  Affected applicants should contact their Fragomen professional to clarify and plan for these changes in their specific circumstances.

 

Background

  • PWP details. The PWP is issued by the Bureau of Immigration (BI) for an initial three months, renewable once for another three months, and allows the holder to work during its validity period. No extensions are allowed after six months.
  • Long-awaited clarification. 
    • With the implementation of the Joint Guidelines in July 2019 and the stricter rules on SWP eligibility, questions were raised as to whether the SWP would continue to be available to 47(a)(2) visa applicants in practice. The BI has now clarified the policy. 
    • The Guidelines were created to restrict the issuance of work authorization to address concerns from various labour, political and economic stakeholders in the Philippines in reaction to reports of undocumented/unauthorized foreign workers, the loss of government revenue from unpaid income taxes, and the spiralling of property prices, among other concerns. 

 

Looking ahead

Further changes in the rules are expected as authorities seek to clarify the system in light of the recent major changes in July. The adjustments may continue until the policies issued in the Joint Guidelines are fully adopted in the local processes of the government agencies involved.

It is uncertain if the interagency group will continue its effort to further streamline the immigration process after the issuance of the Joint Guidelines. Negative public opinion and perception of foreign workers is likely to bring restrictions dealing with policies on foreign nationals.

Fragomen is closely monitoring the situation and will report on relevant developments.

We worked closely with our Philippine affiliates in Manila to prepare this alert. It is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

Country / Territory

  • Republic of the PhilippinesRepublic of the Philippines

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

Healthcare Horizons: Open Enrollment - a J-1 Trap? | #MobilityMinute

Counsel Christopher L. Wendt discusses why J-1 exchange visitors should carefully evaluate health insurance options during open enrollment and how a proposed Department of State rule could increase the consequences of selecting coverage that does not meet applicable requirements.

Learn more

Fragomen news

2026 年9月アメリカ移民法ダイジェストLearn more

Media mentions

Scottish Legal News: Scotland Needs Immigration Rules Built for Scotland’s Economy

Director Kelly Hardman examines proposals for a more tailored immigration framework in Scotland that reflects the country’s economic, workforce and demographic needs.

Learn more

Media mentions

Veranda: Want to Get a Second Passport? Here Are the 3 Universal Rules You Need to Know

Practice Leader Olga Nechita outlines common pathways to obtaining a second passport and key considerations for prospective applicants.

Learn more

Blog post

Malta Citizenship by Merit and Vision 2050: Who May Qualify and What Contributions Matter?

Director Isobel Neilson and Manager Sophie Jo Wasson examine how Malta’s Citizenship by Merit framework considers exceptional achievement and contribution alongside the country’s long-term priorities under Vision 2050, and what applicants should consider when developing a credible case.

Learn more

Media mentions

People Management: UK Right to Work Check Changes: What Businesses Need to Know

Partner Naomi Goldshtein discusses how new UK right to work requirements extend beyond direct employees and the steps businesses should take to understand and manage workforce compliance.

Learn more

Blog post

The Dutch-American Friendship Treaty at 70: How “Friendly” is it in Practice?

Partners Aviva Meerschwam and Christine Sullivan, Senior Associate Tuğba Özyakup and Junior Immigration Consultant Gabriela Gonzalez examine how the Dutch-American Friendship Treaty operates in the Netherlands and the US, and what the differences mean for entrepreneurs, investors and businesses pursuing transatlantic growth.

Learn more

Awards

Fragomen Named a Top 10 Finalist for the 2026 Cartus Masters Cup

Fragomen is a Top 10 finalist for the 2026 Cartus Masters Cup, Cartus’ highest supplier honor recognizing exceptional service, collaboration, innovation and commitment to clients and relocating employees.

Learn more

Media mentions

SHRM: Proposed $103,265 H-1B Is Changing Talent Acquisition Strategy

Partner Bo Cooper discusses the proposed $103,265 H-1B fee, potential legal challenges and its broader implications for employers and high-skilled immigration.

Learn more

Media mentions

Business Insider: The Hidden Sacrifices of Chasing an H-1B Career in America

Partner Aaron Blumberg discusses how proposed changes to the H-1B program could affect workers facing layoffs and families navigating dependent visa status.

Learn more

Blog post

Permanent Residence in Germany: Why Eligible Foreign Nationals Should Consider Applying Early

Senior Associate Arta Djahanschiri outlines the principal pathways to permanent residence in Germany, the flexibility and security the status can provide and why eligible foreign nationals should consider applying early.

Learn more

Blog post

Proposed Changes to Naturalisation by Residency in Ireland: What Does it Mean for Employers and Global Mobility Programmes?

Immigration Manager Jo Crawford examines proposed changes to Ireland’s naturalisation requirements and what they could mean for employers and global mobility programmes, including talent retention, workforce planning and business mobility. 

Learn more

Video

Healthcare Horizons: Open Enrollment - a J-1 Trap? | #MobilityMinute

Counsel Christopher L. Wendt discusses why J-1 exchange visitors should carefully evaluate health insurance options during open enrollment and how a proposed Department of State rule could increase the consequences of selecting coverage that does not meet applicable requirements.

Learn more

Fragomen news

2026 年9月アメリカ移民法ダイジェストLearn more

Media mentions

Scottish Legal News: Scotland Needs Immigration Rules Built for Scotland’s Economy

Director Kelly Hardman examines proposals for a more tailored immigration framework in Scotland that reflects the country’s economic, workforce and demographic needs.

Learn more

Media mentions

Veranda: Want to Get a Second Passport? Here Are the 3 Universal Rules You Need to Know

Practice Leader Olga Nechita outlines common pathways to obtaining a second passport and key considerations for prospective applicants.

Learn more

Blog post

Malta Citizenship by Merit and Vision 2050: Who May Qualify and What Contributions Matter?

Director Isobel Neilson and Manager Sophie Jo Wasson examine how Malta’s Citizenship by Merit framework considers exceptional achievement and contribution alongside the country’s long-term priorities under Vision 2050, and what applicants should consider when developing a credible case.

Learn more

Media mentions

People Management: UK Right to Work Check Changes: What Businesses Need to Know

Partner Naomi Goldshtein discusses how new UK right to work requirements extend beyond direct employees and the steps businesses should take to understand and manage workforce compliance.

Learn more

Blog post

The Dutch-American Friendship Treaty at 70: How “Friendly” is it in Practice?

Partners Aviva Meerschwam and Christine Sullivan, Senior Associate Tuğba Özyakup and Junior Immigration Consultant Gabriela Gonzalez examine how the Dutch-American Friendship Treaty operates in the Netherlands and the US, and what the differences mean for entrepreneurs, investors and businesses pursuing transatlantic growth.

Learn more

Awards

Fragomen Named a Top 10 Finalist for the 2026 Cartus Masters Cup

Fragomen is a Top 10 finalist for the 2026 Cartus Masters Cup, Cartus’ highest supplier honor recognizing exceptional service, collaboration, innovation and commitment to clients and relocating employees.

Learn more

Media mentions

SHRM: Proposed $103,265 H-1B Is Changing Talent Acquisition Strategy

Partner Bo Cooper discusses the proposed $103,265 H-1B fee, potential legal challenges and its broader implications for employers and high-skilled immigration.

Learn more

Media mentions

Business Insider: The Hidden Sacrifices of Chasing an H-1B Career in America

Partner Aaron Blumberg discusses how proposed changes to the H-1B program could affect workers facing layoffs and families navigating dependent visa status.

Learn more

Blog post

Permanent Residence in Germany: Why Eligible Foreign Nationals Should Consider Applying Early

Senior Associate Arta Djahanschiri outlines the principal pathways to permanent residence in Germany, the flexibility and security the status can provide and why eligible foreign nationals should consider applying early.

Learn more

Blog post

Proposed Changes to Naturalisation by Residency in Ireland: What Does it Mean for Employers and Global Mobility Programmes?

Immigration Manager Jo Crawford examines proposed changes to Ireland’s naturalisation requirements and what they could mean for employers and global mobility programmes, including talent retention, workforce planning and business mobility. 

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
October 6, 2026 | United KingdomUnited Kingdom: Contactless Border Checks Launched
October 6, 2026 | Japan, United States2026 年9月アメリカ移民法ダイジェスト
October 6, 2026 | AustriaAustria: Reforms Relax Rules on Employer Changes and Unemployment
October 6, 2026 | BahrainBahrain: Foreign Workers Now Allowed to Work for Other Employers Temporarily
October 6, 2026 | United KingdomScottish Legal News: Scotland Needs Immigration Rules Built for Scotland’s Economy
October 6, 2026 | United KingdomUnited Kingdom: Contactless Border Checks Launched
October 6, 2026 | Japan, United States2026 年9月アメリカ移民法ダイジェスト
October 6, 2026 | AustriaAustria: Reforms Relax Rules on Employer Changes and Unemployment
October 6, 2026 | BahrainBahrain: Foreign Workers Now Allowed to Work for Other Employers Temporarily
October 6, 2026 | United KingdomScottish Legal News: Scotland Needs Immigration Rules Built for Scotland’s Economy
October 6, 2026 | United KingdomUnited Kingdom: Contactless Border Checks Launched
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.