Manual of Operations - Commission on Filipinos Overseas

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Manual of Operations
Commission on Filipinos Overseas
Office of the President
Manila, Philippines
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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.
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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;
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
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.
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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
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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.
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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.
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D. The Two-Year Home-Country Residency Requirement
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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
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
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.
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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
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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*:
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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
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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
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