Philippines: Suspension of Filing of Motions for Reconsideration for Denied Visa Applications

The Philippines' Bureau of Immigration (BI) is no longer allowing individuals to file motions for reconsideration after their visa applications were denied for both immigrant and non-immigrant visas (except Philippine Economic Zone Authority Visas). It is not yet clear if this suspension is temporary or permanent. As a result of this new policy, individuals who have had their visa applications denied will need to file a new application that resolves the reason noted for denial in the Denial Order issued by the BI on the original application. They will also need to pay another application fee and the new application will be adjudicated in the regular processing time of two to three months. If approved, the individual’s new visa will be valid for the duration of their Alien Employment Permit. If the denial was for a renewal application and the Denial Order is issued after the original visa expires, they will need to submit a downgrading of visa (DG) application first, which, once approved, will return them to 9(a) status, and they can then file for the visa as noted above. Previously, the BI accepted motions for reconsideration for visa applications that were denied, which had a processing time of only three to four weeks and a fee of PHP 1,010, which allowed for a new decision much more quickly. Under the new policy, employers and applicants should ensure that all requirements have been met prior to the initial filing to avoid denials and the need for refiling, which will result in additional costs and longer processing times.