Three conditions define the petitioner
Registered in the Philippines. Filing uses the registration certificate, articles and by-laws, the latest annual filing or a valid local business permit, or an economic zone registration. Only a local entity issues these.
Able to produce tax and employment documents. The worker's tax identification evidence, a notarised or authenticated employment contract, company tax returns and audited statements all run through the local entity.
A genuine employment relationship. The visa side rests on the "pre-arranged employment" clause, Section 9(g) of Commonwealth Act No. 613; the permit side on Article 40 of Presidential Decree No. 442 and Department Order No. 248, series of 2025. Both assess whether that relationship exists.
Branch, subsidiary, representative office — not interchangeable
A subsidiary is a separate local legal person with the most complete document chain, and is the usual petitioner.
A branch is not a separate legal person but has local registration and tax standing, so in practice it can act as employer; the document chain has to be built from the parent down — see branch office documents.
A representative office has a restricted scope, so whether it may employ, and in what role, follows its registered activities. Structures are compared in representative office versus branch versus subsidiary.
Economic zone enterprises have another route: the 47(a)(2) special non-immigrant visa, with different conditions — see what 47(a)(2) is.
The petitioner has to be settled before anyone lands; the wrong structure means rebuilding the whole chain → have Yixing fix the employer entity at setup
If the salary comes from home, who files?
Payroll location does not determine the petitioner; the employment relationship does. Paying all or part of the package from an offshore parent is common, and the permit and petition still come from the local employer.
Split payroll does pull three things with it: how compensation is stated in the application, tax treatment, and social contribution and employment compliance. None of them resolve themselves once the visa issues — see is split payroll compliant.
A frequent failure: the pay stated in the contract does not match the pay stated in the application. Assessors read these documents against each other.
Deployment, outsourcing and nominal employers
The permit binds person, position and employer, so the nominal employer has to match the real working relationship. Registering someone under one company while another directs the work separates documents from facts, and that is the structure inspections expose.
The worksite field exposes it too: worksite changes are reported within 10 calendar days, and inspections may visit the worksite itself. Client-site deployment is covered in when the worksite is not the employer's address.
As for "park him under the other company for now", the risk structure is nothing like ordinary employment — see what parking a visa risks.
Intra-group moves are changes of employer
The permit binds a specific legal person, so moving to an affiliate is a change of employer and the chain runs again. "Same group" carries no legal weight here.
The handover mechanics are in changing employer on a 9G. Plan the windows: publication at least 15 days before filing and valid 45 days, filing within 15 calendar days of the contract or appointment letter.
Close the old side too: report the separation within 10 calendar days, file the quarterly list of foreign employees within 30 calendar days of quarter end, and send the cancellation request through the designated mailbox in the prescribed format. Run both sides together and no status gap opens.
Written against rules published as of September 2026; timelines and fees follow whatever the receiving agency currently publishes. Yixing is a privately registered Philippine consultancy (SEC CS202009551, BI CA-202624381-1) with no affiliation to any government agency; this is not legal advice.
Frequently Asked Questions
Which company files the 9G petition?
The Philippine-registered entity that genuinely employs you. Filing uses local registration documents, articles and by-laws, the annual filing or a valid business permit, which an offshore parent cannot produce.
The parent pays my salary. Can it petition?
No. Payroll location does not decide the petitioner. Split payroll still pulls compensation statements, tax treatment and employment compliance along with it.
Can a branch or representative office file?
A branch has local registration and tax standing and can generally act as employer; a representative office is limited by its registered scope. A subsidiary has the most complete chain.
Do economic zone enterprises have another route?
Yes, the 47(a)(2) special non-immigrant visa, with different conditions from a 9G. Which applies depends on the registered entity and the role.
Who files for outsourced or deployed staff?
The nominal employer must match the real working relationship. Registering under one company while another directs the work is what inspections expose; worksite changes are reported within 10 calendar days.
Does moving to an affiliate require refiling?
Yes — it is a change of employer. Plan the new side's publication and 15 calendar day filing window, and close the old side's cancellation and reporting at the same time.
Can we file before the company finishes registering?
No. A qualified local employer comes first. Settling the employer entity and the positions foreign nationals will hold at setup is far cheaper than amending corporate documents later.
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