Manual of Operations Commission on Filipinos Overseas Office of the President Manila, Philippines 1 A. The Exchange Visitor Program of the US The Philippines is a participant to the Exchange Visitor Program (EVP), an international exchange program administered by the United States of America to increase mutual understanding between the people of the United States (US) and the peoples of other countries by means of educational and cultural exchange. The EVP was established to strengthen the educational, scientific, and technological capabilities of the country through inter-country exchange of knowledge and expertise. It also provides non-US citizens with opportunities to participate in educational and cultural programs in the US and return home to share their acquired skills and knowledge. It is not an immigration program and in many cases requires participants to comply with a two-year home-country residency requirement after completing the program. The establishment and development of the EVP can be traced back to as far as January 1948, when the United States Congress passed the Information and Education Exchange Act, also known as the Smith-Mundt Act. The law intended "to increase mutual understanding between the people of the United States and the peoples of other countries" through: An information service to disseminate information abroad about the United States, its people, and its policies; and An educational exchange service to cooperate with other nations in the interchange of persons, knowledge and skills; the rendering of technical and other services; and the interchange of developments in the field of education, arts, and sciences. B. The EVP Committee of the Philippines In 1956, the Philippine Government created an Exchange Visitor Program Committee, through Administrative Order No. 191, to coordinate its participation in the Program and properly channel the services of returned participants to the benefit of various government projects. The EVP Committee was originally composed of the Secretaries of Education, Health, Foreign Affairs and National Defense. 2 Administrative Order No. 242 reconstituted the EVP Committee to be composed of the heads of the following Department/Offices or their duly designated representatives with at least a rank of a Director: Chairman - Department of Foreign Affairs (DFA) Secretariat - Commission on Filipinos Overseas (CFO) Members: Department of Health (DOH) Department of Education (DepEd) Department of Labor and Employment (DOLE) Department of Science and Technology (DOST) National Economic and Development Authority (NEDA) Professional Regulation Commission (PRC) Commission on Higher Education (CHED) Technical Education and Skills Development Authority (TESDA) Office of the President (OP) AO No. 242 further redefines the Committee’s functions as follows: Promulgate rules and regulations to implement the Philippine participation to the Program; Establish linkages with concerned institutions in the United States which could provide educational and training opportunities for Filipino professionals; Provide information and advice to concerned government and private institutions in the Philippines on available training programs; Screen, process and evaluate applications of prospective participants to the Program; Endorse qualified applicants to appropriate United States host agencies; Coordinate and conduct pre-departure and on-site orientation sessions for the participants; 3 Develop proposals for incentives schemes and re-entry programs for the participants to facilitate their return to the Philippines to share the skills and expertise they acquired overseas; Conduct continuing monitoring and evaluation in compliance with the terms of the program; Establish an effective management information system on EVP growth opportunities in the Philippines, and available training programs being offered under the EVP; Formulate and recommend policies to the President to ensure the maximum benefits of the Programs to the country; To collect such administrative fees and charges as may be necessary, just and reasonable to cover the full cost of services rendered consistent with the terms of E.O. 159, dated 23 February 1994, and DOF-DBM Joint Circular No. 02-94 dated 14 November 1994; and Perform other functions as may be required by the President. C. The Registration of J-1 Visa Holder at the CFO Among other functions, the Committee, through the Secretariat, provides pre-departure services to departing EVP participants (or J1 visa holders), including registration and orientation. Filipinos who are leaving the country to participate in the EVP are required to register with the CFO. Part of the registration requirements is attendance in the Pre-Departure Orientation Seminar (PDOS) which seeks to inform EVP participants about the conditions and requirements of the EVP as well as their responsibilities as J-1 visa holders. The PDOS is provided to first-time EVP participants and is conducted for two hours at the CFO. The seminar focuses on the history and background of the EVP, overview of the EVP, rights and obligations as EVP participants, temporary settlement concerns, airport procedures, pre-departure requirements, and post arrival concerns. Information and contact details of the Philippine Embassy and Consulates in the US are being provided. It also includes. It is provided by the Interim Rules and Regulations Implementing Administrative Order 242 that the Filipino EVP participants must undergo registration with the CFO. A CFO registration sticker is affixed on their passport as proof of registration. 4 From 1998 to the first semester of 2015, records show that 26,708 have registered with the CFO. It has been noted that there is an average of 135% increase annually in the number of EVP participants bound for the US in the last five years. Majority of the participants are college students under the Summer Work & Travel (SWT) category of the EVP. Participants from this category comprise more than two-thirds of the total number of Filipino EVP participants each year. The SWT is a three-month program where incoming third and fourth year Hospitality and Culinary students are trained like regular employees in different companies and agencies in the US, particularly in hotels and resorts. It is notable that trainings under SWT training are not credited by schools for the required number of On-the-Job Training (OJT) hours of participating students. Although schools are part of the recruitment process, the participation of students to the SWT is completely voluntary and decided by the student. Schools of students that normally participate in the SWT are St. Paul University - Tuguegarao, St. Paul University - Manila, Lyceum of the Philippines University, Far Easter University, Centro Escolar University – Malolos, among others. The second biggest group of participants comes from the same field of Hospitality and Culinary. Their categories are trainees and interns. Unlike SWT, participants from these categories are either graduates or their schools are accrediting their training hours as part of their curriculum. The program duration is between six months to one ½ year. Schools like Enderun College and De La Salle – College of St. Benilde have the most number of participants under the Intern category. There are also former SWT participants who participated in these categories after they have graduated. The third biggest group of EVP participants is teachers. The shortage of basic education teachers in the US has created a necessity to import teachers from other countries, including the Philippines. Mostly specializing in Mathematics, Science, English and Special Education, Filipino teachers joining the EVP are employed by public schools in the US for a period of three years. There are also Research Scholars, Scientists, Engineers, Professors, Specialists and Physicians who are participating in the EVP. Most of them are professionals who use the J-1 visa to undergo training or conduct researches in the US. The main reason of these participants 5 for joining the EVP is the fact that the amenities and equipment they need for their research or training are not available in the Philippines. The US also provides funding for their researchessomething that does not usually happen in the Philippines. The term for doctors and researchers under the J-1 visa is one year, subject to renewal every year. Their sponsoring institutions are US state colleges and universities, research institutions and the state and federal US government agencies. Other registrants of the CFO include participants in the fields of Agriculture, Public Management and Information Technology, among others. How to Register and attend the J-1 PDOS at CFO? Frontline Service Clients Requirements : : : Fees Schedule of Availability of Service Total Duration of the Process How to avail of the Service : : : : No Client Step Agency Action 1 Present ID to guard Issue J1 gate pass & client number for Queuing system 2 Present requirements to counter 3 Verification of filled-up form 4 Payment of Guard may also provide registration form if necessary Verification of documents Verify info and completeness of form Issuance of J1 Pre-Departure Orientation Seminar J1 Visa holders Registration form for J-1 visa holders, Photocopy of DS2019, J1 Visa, Passport, Picture Php 400.00 Wednesday & Friday, 12:00pm – 4:00pm 3 hours and 15 mins. Proceed to CFO and bring the requirements Office/Person Responsible CFO guard Location of Office CFO Lobby Duration of Activity 5-10 mins. Counter 5 personnel Counter 5, GF (registration area) Counter 5 personnel Counter 5 15-20 mins. Registration & verification of forms starts at 12:00pm to 1:59pm (Client will have to wait until his/her number is called) 15-20 mins. Cashier Cashier 5 mins. 6 5 6 7 registrant Give passport and requirements to cashier Attendance to PDOS Receipt of passport receipt Sticker printing PMD staff GF (simultaneous with PDOS) Conduct PDOS PDOS officer 120 mins. Issuance of passport PDOS officer/ Counter personnel 2F Canada Room (Wed) 9F Training Room (Fri) Counter 2F Canada Room (Wed) 9F Training Room (Fri) Frontline Service Clients Requirements : : : Fees Schedule of Availability of Service Total Duration of the Process How to avail of the Service : : : : No 1 Client Step Present ID to guard Agency Action Issue J1 gate pass and direct the registrant to proceed to 7th floor 5 mins. (Client will have to wait until his/her name is called) J1 Revalidation of Registration J1 Visa holders who previously attended J1 PDOS Photocopy of DS2019, J1 Visa, previous CFO registration sticker, Passport, Picture Php 400.00 Monday to Friday, 7:30 am to 5:00 pm 1 hour Proceed to CFO and bring the requirements Office/Person Responsible CFO guard Location of Office CFO Lobby Duration of Activity 5-10 mins. Issuance of registration form if necessary 2 Present requirements to PMD staff Verification of documents PMD staff 7th floor 15-20 mins. 4 Verification of filled-up form PMD staff 7th floor 15-20 mins. 5 Payment of registrant Give passport and requirements to cashier Receipt of passport Verify info and completeness of form Issuance of receipt Sticker printing Cashier Cashier 5 mins. PMD staff 7th floor 5-10 mins. Issuance of passport PMD staff 7th floor 5 mins. 6 7 D. The Two-Year Home-Country Residency Requirement 7 Pursuant to Section 212(a) of the US Immigration and Nationality Act, EVP participants are required to reside in the country of their nationality or last legal permanent residence for an aggregate period of at least two years after completion of their respective programs before becoming eligible to apply for an immigrant visa or for non-immigrant visa particularly: working visa (H), intra-company transferee visa (L) or Fiancé visa (K). Those who are most required to comply with the two-year rule are the following: Those whose training were financed in whole or in part, directly or indirectly, by an agency of the US Government or by the Philippine Government; Those who came to the US to acquire graduate medical education or training; and Those whose training fields are included in the Skills List of the Philippines. E. The Skills List of the Philippines The EVP Skills List is a directory of skills which are in short supply and, therefore, very much needed in countries participating in the EVP. Educational opportunities contained in the Skills List are automatically covered by the two-year home-country physical presence requirement. The Skills List differs from one participating country to another. In the Philippines, there are about 200 skills and professions that are listed in our Skills List, particularly doctors, teachers, engineers, etc. F. Waiver of the Two-Year Home-Country Residency Requirement An EVP participant can continue to stay in the USA if he/she is granted a change of status. The change of status of those covered by the home-country residency requirement will require a formal waiver of the home-country residency requirement. An application for a waiver at the US Department of State may be approved on the following bases: Interest of a US government agency 8 Fear of persecution Exceptional hardship Interest of the US Department of Public Health No Objection Statement No Objection Statement must be obtained from the government of the home-country of the participant. G. The Processing of No Objection Statement as the Basis for the Waiver of the TwoYear Home-Country Residency Requirement The Committee also processes requests for the waiver of the two-year home country residency requirement of EVP participants. In general, the said participants are required to return to their home country for a total of two years for them to be table to transfer the skills and knowledge they acquired while in the program. However, a certain number of them decides to either extend their programs or change their status in the US. With this, they need to secure a waiver of the residency requirement by requesting their home governments for a No Objection Statement. At the moment, an average of 160 NOS requests per year are lodged with the EVP Committee. H. Automatic Granting of No Objection Statement The NOS may be automatically issued without returning to the Philippines only on the following grounds: 1. The profession of the exchange visitor participant is not in the Skills List for the Philippines; 2. The applicant is married to a US citizen or legal permanent resident, or has a minor child who is a US citizen residing in the US; 3. The applicant is a religious worker (priest, nun, missionary) in a recognized religious denomination; and 4. The applicant has an ailing family member in the US and his/her separation from the latter would cause a severe and direct threat to the life of the said family member. 9 The EVP Committee’s endorsement of the NOS will be officially transmitted to the Philippine Embassy in Washington, D. C. via courier service. The Philippine Embassy will officially forward the said document on behalf of the Philippine Government to the US Department of State. I. The Alternative Arrangement An EVP participant whose profession is included in the Skills List of the Philippines may also apply for an NOS. If the EVP Committee finds merit in the application, it will offer the applicant an alternative arrangement. An alternative arrangement is a project in which the participant should personally conduct a transfer-of- skills activity and sponsor an enhancement training for an identified beneficiary in his/her particular field of expertise. On partnering with a government agency or private institution, there are no prescribed guidelines for this. This is done as a matter of personal choice of partner/s by the NOS applicant provided the minimum number of qualified participants and hours of implementation are met. However, filing an application for the NOS is not a guarantee that your client will be offered the alternative arrangement. There have been instances when NOS applications with professions under the Skills List were disapproved because of the great need for their services in the home-country. J. Completion of Project (Transfer of Skills) under the Alternative Arrangement a. The EVP Committee evaluates the merits of the application. After evaluation, the EVP Committee may offer the alternative arrangement in lieu of the two-year home-residency requirement, which shall require the EVP participant to undertake a project with two components involving (1) developing and implementing a transfer of technology project and (2) sponsorship of an enhancement training for an identified beneficiary in his/her particular field of expertise. b. Within 30 days from receipt of notification from the EVP Committee, the applicant initially submits a project proposal (2 copies) to the EVP Secretariat. Said proposal is forwarded to the EVP Committee member with jurisdiction on the applicant’s field of expertise for 10 technical evaluation. The applicant may be requested to revise his/her project proposal based on the recommendation/s of the member-agency. c. After the proposal has been approved in a technical review by the concerned memberagency, the applicant submits the final version of his/her proposal in two (2) copies to the EVP Secretariat for onward transmittal to the concerned member agency of the EVP Committee. d. The approved project proposal is covered by a memorandum of agreement to be signed by the applicant, the partner institution, and the representative of the EVP Committee to ensure commitment of the parties involved to implement the project. Prior to implementation, the applicant notifies the EVP Secretariat about the details of project implementation (i.e., dates, time and venue) for monitoring purposes. e. After the EVP Committee’s approval of the project proposal, the EVP participant transfers the amount of One Thousand Five Hundred US Dollars (US$1,500.00) to the EVP Committee through the CFO’s trust account as sponsorship for the enhancement training of an identified beneficiary in his/her particular field of expertise. f. The EVP participant personally implements the project. A representative from the EVP Committee monitors the progress of implementation. g. NOS applicant submits 3 copies of his/her terminal report together with 2 copies of project module. Said documents are the basis of the EVP Committee for the approval of the applicant’s request for a NOS. K. Procedures for the Enhancement Training Sponsorship Project (ETSP) of EVP Participants Applying for NOS under the Alternative Arrangement a. After the EVP Committee’s approval of the project proposal, the NOS applicant shall transfer the amount of One Thousand Five Hundred US Dollars (US$1,500.00) to the EVP Committee, through the CFO’s trust account, as ETSP fund of an identified beneficiary*: 11 Account name : Account no. : Swift Code : Bank name : Branch : Commission on Filipinos Overseas 000012-1149-23 TLBPPHMMA Land Bank of the Philippines Intramuros, Manila b. The NOS applicant shall designate the EVP Committee as its authorized representative in coordinating with the beneficiary on all matters pertaining to the ETSP. c. The EVP Committee, through the EVP Secretariat/CFO, shall serve as fund manager of the ETSP. d. The NOS applicant shall identify a qualified beneficiary that shall receive the sponsorship. If he / she do not know of a beneficiary, he / she may seek assistance from the EVP Committee. The EVP Committee may choose a beneficiary from the list of ETSP applicants. e. The CFO, in behalf of the EVP Committee, shall be responsible for the disbursement of funds to the beneficiary as well as monitoring the performance of the beneficiary. f. The EVP Committee, through the EVP Secretariat/ CFO, shall evaluate the application documents. g. A Memorandum of Agreement shall be executed among the EVP participant, the EVP Committee and the ETSP beneficiary, defining the responsibilities of the parties involved. h. The ETSP beneficiary shall submit Certificate of Registration or Proof of Enrollment. i. The EVP Secretariat/CFO shall prepare the check for the release of ETSP funds. j. The ETSP beneficiary shall sign the Certificate of Acceptance and the Acknowledgment receipt. k. The EVP Committee shall not assume further obligation or responsibility to the NOS applicant regarding his / her status in the United States beyond the issuance of a No Objection Statement to the waiver of the two-year home-country residency requirement. The Secretariat Exchange Visitor Committee of the Philippines c/o Commission on Filipinos Overseas Telephone numbers: (632) 552-4726 to 31; 561-8327 Email address: evpsecretariat@yahoo.com Director Marita Del Rosario – Apattad Email: mldelrosario@cfo.gov.ph Ms. Kristine Joy Domagas Email: kdomagas@cfo.gov.ph 12 Mr. Geronico Herrera Email: gherrera@cfo.gov.ph Ms. Princess Mayumi Kaye Peralta Email: mayumi.peralta@yahoo.com Ms. Cherry Lou Duron Email : cherry_duron@yahoo.com 13