World Immigration News

Immigration weekly update: February 13, 2025

Release Date: 2025-02-13
Media: Crown World Mobility
Summary: Updates on U.S. Immigration Policies and the Philippines' Employment Regulations for Foreign Nationals

U.S. H-1B Visa Registration and Employment-Based Green Card Updates

The U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the FY 2026 H-1B visa cap will run from March 7 to March 24, 2025. Petitioners and representatives must use the USCIS online account to register each beneficiary and pay a $215 fee per registration. Employers without an account must create one, while existing accounts from FY 2021-2024 will be converted into organizational accounts. Registrations can be submitted starting March 7, and selections will be announced by March 31. Additionally, the daily credit card transaction limit has been temporarily increased to $99,999.99. Only those selected can proceed with filing H-1B petitions.

USCIS also announced that for March 2025, they will use the Final Action Dates chart to determine filing eligibility for adjustment of status applications in the EB-2 and EB-3 employment-based green card categories. The March 2025 Visa Bulletin shows significant advancements in these categories, particularly for applicants from India and China, allowing them to proceed with their green card applications sooner.

New Employment Regulations for Foreign Nationals in the Philippines

The Philippines’ Department of Labor and Employment (DOLE) issued Department Order No. 248, which introduces new rules for employing foreign nationals, effective February 10, 2025. Compared to the previous regulations (Department Order No. 221, Series of 2021), several key changes have been implemented.

One major update is the Labor Market Test requirement, which mandates job postings in general circulation newspapers, the government’s job portal (PhilJobnet), and public employment service offices (PESO or JPO). The job posting must now include additional details such as the employer’s industry, the foreign national’s name and city of residence, and the duration of employment.

The filing period for an Alien Employment Permit (AEP) has also been revised. Applications must be submitted no earlier than 15 days after job posting and within 15 days of signing the employment contract. AEP applications can be processed while the foreign national is still outside the Philippines, but the permit will only be issued upon entry with a pre-arranged 9G or working visa. DOLE regional offices must approve or deny applications within 15 working days, and if approved, the AEP must be issued within one working day.

The AEP fee is set at PHP 6,000 for one year, with an additional PHP 5,000 for each additional year. Stakeholders affected by an AEP approval can now file objections at the relevant DOLE office. Foreign nationals may only work in the position specified in their AEP, though additional roles may be allowed in exceptional cases with proof of capability.

A Skills Development Program (SDP) and an Understudy Training Program (UTP) have been introduced, requiring foreign workers to transfer their skills to at least two Filipino employees per foreign national. This applies to companies receiving government incentives or engaged in strategic industries.

Stricter penalties for violations have been implemented, including revocation of AEPs for fraudulent applications, non-compliance with regulations, or failure to claim the permit within ten working days of issuance. Employers and foreign nationals must comply with these new rules to avoid penalties or permit cancellations.

These regulatory updates aim to enhance oversight of foreign employment in the Philippines while promoting skills transfer to the local workforce.
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