mc 10-recruitment and placement activities of immigration consultancy agencies

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  • 7/30/2019 MC 10-Recruitment and Placement Activities of Immigration Consultancy Agencies

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    Memorandum Circular No. 10Series of 2003

    TO : All Concerned

    RE : Recruitment and Placement Activities ofImmigration Consultancy Agencies

    and Other Similar Entities.

    Pursuant to Sec.23 (b.1) ofR.A. 8042, otherwise known asthe Migrant Workers and Overseas Filipino Act of 1995,

    providing that the POEA shall regulate private sector

    participation in the recruitment and placement of workersthrough a licensing and registration system, and consistent

    with the provisions of Section 6 of the same Act definingillegal recruitment as recruitment and placement activities

    undertaken by a non-license or non-holder of authority andArticle 18 of the Labor Code, as amended, prohibiting direct

    hiring except in those cases allowed by the Secretary ofLabor and Employment, the following guidelines are hereby

    issued for the guidance of all concerned:

    I. COVERAGE

    This Circular shall cover all immigration consultancy

    agencies, whether foreign or local based, and other similarentities which do not limit themselves to document

    facilitation and visa assistance for immigrants, but engage in

    recruitment and placement activities as defined under Part I,Rule II of the 2002 POEA Rules and Regulations Governingthe Recruitment and Employment of Land-based OverseasWorkers.

    II. LICENSING

    http://www.chanrobles.com/republicactno8042.htmhttp://www.chanrobles.com/republicactno8042.htmhttp://www.chanrobles.com/republicactno8042.htmhttp://www.chanrobles.com/republicactno8042.htm
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    Immigration consultancy agencies and similar entities asabove referred to, which are based locally, are required toobtain a license in accordance with the guidelines governing

    the requirements and procedure for issuance of a landbasedlicense as provided in Part II, Rule I, Sections I and 2 andRule II, Sections 1 to 5 of the 2002 POEA Rules andRegulations, before they may engage in recruitment and

    placement activities, regardless of the visa under whichdeployment shall be made eventually.

    III. VERIFICATION OF DOCUMENTS REGISTRATION /

    ACCREDITATION OF EMPLOYERS / PRINCIPALS / PROJECTS,AND PROCESSING OF DOCUMENTS FOR DEPLOYMENT.

    Foreign employers / principals / projects of immigrationconsultancy agencies and other similar entities covered under

    this circular shall be registered or accredited in accordancewith the guidelines governing the requirements and

    procedures prescribed under Part III, Rules I to III of the2002 POEA Rules and Regulation.

    A special registration facility shall be set up to facilitate thedocumentation and deployment of EB3 visa holders.

    IV. FOREIGN-BASED IMMIGRATION CONSULTANCY

    AGENCIES AND OTHER SIMILAR ENTITIES.

    Foreign-based immigration consultancy agencies and other

    similar entities are not allowed to engage in recruitment andplacement activities, except through licensed agencies towhich they may seek accreditation or registration.

    V. FEES CHARGEABLE TO WORKERS

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    A. Worker's Deployed on Worker's Visa/Permit

    Entities subject of this circular may charge and collect feesand documentation costs from a hired worker in accordance

    with Section 3, Rule V, Part II of the 2002 POEA Rules andRegulations.

    B. Workers Deployed on Employment Based Immigrant

    Visa

    Entities subject of this circular, in addition to the feesmentioned in the preceding paragraph, may likewise charge

    fees for other services rendered and other incidentalcosts/expenses incurred which are allowed and/or imposedunder immigration laws of the host country.

    Such fees shall be duly covered with official receipts and may

    be collected only after a worker has been issued thenecessary EB3 Visa.

    VI. APPLICABLE RULES AND REGULATIONS

    The operation/participation of immigration consultancyagencies and other similar entities covered under the circular

    shall be governed by the 2002 POEA Rules and Regulations,unless otherwise expressly provided under this circular or

    any other issuance.

    VII. SANCTIONS

    Immigration consultancy agencies and other similar entitieswho engage in the recruitment and placement of workers,whether on worker's visa or employment-based immigrant

    visa, without a license or authority issued by thisAdministration, shall be subjected to prosecution for illegal

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    recruitment and such other appropriate action as may be

    necessary pursuant to the pertinent provisions of RA 8042and its Implementing Rules and Regulation.

    All issuances and policies inconsistent herewith are deemedmodified or repealed accordingly.This Circular shall take effect immediately.For strict compliance.

    ROSALINDA DIMAPILIS-BALDOZ

    Administrator

    March 25, 2003