According to Sec. 9D of the Philippine Immigration Act, a foreign investor is entitled to enter the Philippines as a treaty trader, if he is a national of a country with which the Philippines has in place an agreement for the admission of treaty traders or investors. Currently, the Philippines has such an agreement with the United States, Japan and Germany. The term “treaty trader” is meant to include any treaty investor or an alien employed by a treaty investor in a supervisory or executive position. The employee wishing to apply for a 9D visa must be of the same nationality as the majority shareholder of the sponsoring firm.
Apart from the requirements, the foreign investor must prove that: he or his employer intends to carry out “substantial trade” between the Philippines and their country; or he intends to develop and direct the operations of an enterprise in which he or his employer has invested, or is in the process of investing, a substantial amount of capital. Substantial trade refers to a non-nationalized business in which the investment is at least US$120,000.00 as well as the equally important factor of the volume of business conducted.
• Letter of request from the petitioning company;
• Accomplished and duly notarized application form (Form MCL-07-01);
• Alien Employment Permit (AEP);
• Clearance certificate issued by the Bureau of Immigration (BI);
• Any other documents which will assist in the evaluation process;
• Authenticated copy of the passport showing current valid visa; and
• Certified true copies of the Marriage Contract, Birth Certificates (authenticated at Philippine Embassy if issued abroad), if to be accompanied by spouse and unmarried children under 21 years old.
• Obtaining an AEP from the DOLE, and establish that no individual located within the Philippines is willing and able to perform the position and service for which the foreigner is being hired;
• Submit a letter to the BI stating the admission of the alien will be beneficial to the public interest; and
• During the approval process, the proposed foreigner may apply for a Special Work Permit (SWP) which is issued for a period of 3 months while the visa is being released.