• 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

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Video

Moving to Costa Rica? Visa and Residency Options Explained

Senior Immigration Program Manager Ana Carro explains Costa Rica's immigration pathways for digital nomads, retirees, individuals with stable income and investors, highlighting key eligibility requirements and considerations for choosing the appropriate option.

Learn more

Media mentions

Business Insider: The Winners and Losers of the New H-1B Era

Partner Catherine Macris discusses how evolving H-1B policies are shaping employers’ ability to recruit foreign talent, particularly in highly specialized fields.

Learn more

Awards

Fragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe

Two Fragomen professionals and our BeYou@Fragomen employee network have been shortlisted for the 2027 TLC Lions Human Awards Europe, recognising their contributions to inclusive leadership and a people-centred workplace culture.

Learn more

Awards

Fragomen’s Worldwide Immigration Trends Report 2026 Wins at the FEM EMEA EMMAs

Fragomen is honored with the 2026 FEM EMEA EMMA in the "Thought Leadership - Best Survey or Research Study of the Year" category for its 2026 Worldwide Immigration Trends Report. 

Learn more

Media mentions

Law360: How A New Case Redefines The Birthright Citizenship Battle

Partner Daniel Pierce and Senior Associate Daniel D. Schaeffer examine US birthright citizenship challenges and the implications of recent court rulings for nationwide relief in immigration litigation.

Learn more

Video

What Is ESTA? Five Common Mistakes to Avoid When Traveling to the US

Los Angeles Partner Emily Allen explains what ESTA is, who may be eligible under the US Visa Waiver Program and five common mistakes travelers should avoid when visiting the United States for business or tourism.

Learn more
Generic Insights

Fragomen news

Case Study: Securing a Positive Outcome in a Complex Adult Dependent Relative Appeal

Fragomen supported an Adult Dependent Relative applicant through a complex appeal, using coordinated medical and social care evidence to demonstrate his holistic care needs before the Home Office withdrew its refusal and indicated that the application would be granted.

Learn more

Blog post

Moving Talent, Moving Families: Navigating Family Reunification in Europe

Senior Manager Andreia Ghimis and Senior Immigration Consultant Louise Farren explore how family reunification rules across Europe can affect international moves and why employers should assess family eligibility, immigration requirements and likely timelines alongside an employee’s work authorization.

Learn more

Media mentions

Business Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.

Partner Aaron Blumberg discusses how a proposed $70,000 fee for international students seeking US work authorization could affect students, universities and employers.

Learn more

Blog post

How to Qualify for Permanent Residence and Polish Citizenship

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek outline the principal pathways to permanent residence and Polish citizenship, including key residence, language and income considerations and potential future reforms.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Video

Moving to Costa Rica? Visa and Residency Options Explained

Senior Immigration Program Manager Ana Carro explains Costa Rica's immigration pathways for digital nomads, retirees, individuals with stable income and investors, highlighting key eligibility requirements and considerations for choosing the appropriate option.

Learn more

Media mentions

Business Insider: The Winners and Losers of the New H-1B Era

Partner Catherine Macris discusses how evolving H-1B policies are shaping employers’ ability to recruit foreign talent, particularly in highly specialized fields.

Learn more

Awards

Fragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe

Two Fragomen professionals and our BeYou@Fragomen employee network have been shortlisted for the 2027 TLC Lions Human Awards Europe, recognising their contributions to inclusive leadership and a people-centred workplace culture.

Learn more

Awards

Fragomen’s Worldwide Immigration Trends Report 2026 Wins at the FEM EMEA EMMAs

Fragomen is honored with the 2026 FEM EMEA EMMA in the "Thought Leadership - Best Survey or Research Study of the Year" category for its 2026 Worldwide Immigration Trends Report. 

Learn more

Media mentions

Law360: How A New Case Redefines The Birthright Citizenship Battle

Partner Daniel Pierce and Senior Associate Daniel D. Schaeffer examine US birthright citizenship challenges and the implications of recent court rulings for nationwide relief in immigration litigation.

Learn more

Video

What Is ESTA? Five Common Mistakes to Avoid When Traveling to the US

Los Angeles Partner Emily Allen explains what ESTA is, who may be eligible under the US Visa Waiver Program and five common mistakes travelers should avoid when visiting the United States for business or tourism.

Learn more
Generic Insights

Fragomen news

Case Study: Securing a Positive Outcome in a Complex Adult Dependent Relative Appeal

Fragomen supported an Adult Dependent Relative applicant through a complex appeal, using coordinated medical and social care evidence to demonstrate his holistic care needs before the Home Office withdrew its refusal and indicated that the application would be granted.

Learn more

Blog post

Moving Talent, Moving Families: Navigating Family Reunification in Europe

Senior Manager Andreia Ghimis and Senior Immigration Consultant Louise Farren explore how family reunification rules across Europe can affect international moves and why employers should assess family eligibility, immigration requirements and likely timelines alongside an employee’s work authorization.

Learn more

Media mentions

Business Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.

Partner Aaron Blumberg discusses how a proposed $70,000 fee for international students seeking US work authorization could affect students, universities and employers.

Learn more

Blog post

How to Qualify for Permanent Residence and Polish Citizenship

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek outline the principal pathways to permanent residence and Polish citizenship, including key residence, language and income considerations and potential future reforms.

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 19, 2026 | United StatesAILA Law Journal: Administrative Proxies in Immigration Adjudication
October 20, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
October 20, 2026Middle East: Penalties Introduced for Late Payment of Social Insurance Contributions
October 20, 2026 | 🌐Minimum Salary Changes Announced
October 20, 2026 | SingaporeSingapore: Updates Introduced to Streamline Application and Document Upload Process
October 19, 2026 | United StatesAILA Law Journal: Administrative Proxies in Immigration Adjudication
October 20, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
October 20, 2026Middle East: Penalties Introduced for Late Payment of Social Insurance Contributions
October 20, 2026 | 🌐Minimum Salary Changes Announced
October 20, 2026 | SingaporeSingapore: Updates Introduced to Streamline Application and Document Upload Process
October 19, 2026 | United StatesAILA Law Journal: Administrative Proxies in Immigration Adjudication
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.