Alien Employment Permit Philippines: DOLE Order 248 Explained for 2025

May 17, 2025

In the Philippines, the Alien Employment Permit (AEP) governs the employment of foreign nationals, ensuring compliance with labor regulations while balancing the need for specialized skills with the protection of Filipino workers. This year, the Department of Labor and Employment’s (DOLE) updated the AEP application guidelines and procedure. Department Order No. 248, Series of 2025 (DOLE Order 248), published on January 25 and effective since February 10, introduces a more streamlined application process along with strengthened regulations to better align AEP applications with the country’s economic goals.

This article provides a detailed guide to DOLE Order 248, covering its key provisions, application requirements, compliance measures, and practical considerations for employers and foreign workers with expert insights from Triple i Consulting, a trusted provider of AEP services.

Overview of DOLE Order 248: Key Provisions for 2025

DOLE Order 248 updates the Alien Employment Permit (AEP) framework to better balance the integration of foreign professionals with the protection and development of the Filipino workforce. Below are the key provisions shaping AEP regulations in 2025:

Labor Market Test (LMT): Employers must prove that no Filipino is qualified, willing, and available to do the job. This is typically demonstrated by posting the job vacancy on the DOLE-designated job portal for at least 15 calendar days. The job posting remains published and valid for a total of 45 days.
Economic Needs Test (ENT): A new requirement that assesses whether hiring a foreign national serves a legitimate economic purpose, based on labor shortages, industry demands, and national development priorities.
Skills Transfer Programs: Employers in priority sectors must implement training programs, such as the Understudy Training Program, to transfer skills to at least two Filipino employees.
Pre-Arrival Applications: Foreign nationals can apply for an AEP before entering the Philippines, reducing delays for employers.
Extended Processing Times: Applications typically take 3–5 weeks due to increased scrutiny and additional requirements, such as the ENT.
Stricter Compliance: Penalties for noncompliance include fines, permit revocation, or a five-year work ban for misrepresenting or submitting false documents.

These provisions reflect DOLE’s commitment to fostering economic growth while prioritizing Filipino employment.

AEP Application Requirements Under DOLE Order 248

The AEP application process under DOLE Order 248 demands precise documentation to ensure compliance. Employers and foreign nationals must prepare the following:

Completed AEP Application Form: Available on DOLE’s website, it requires details about the employer, employee, and job role.
Valid Passport Copy: Must include the photo page and any valid Philippine visa, if applicable.
Notarized Employment Contract: The contract should outline job responsibilities, salary, and duration and be signed within 15 calendar days before filing.
Proof of Job Advertisement: Evidence of at least a 15-day job posting in a newspaper or DOLE’s job portal to satisfy the LMT.
Tax Clearance Certificate: Confirms the foreign national’s compliance with Philippine tax obligations for renewals or extensions.
Company Registration Documents: This includes the company’s SEC/DTI Certificate.
Additional Permits: For regulated professions (e.g., medicine, engineering) or nationalized industries, include licenses from the Professional Regulation Commission (PRC) or Board of Investments (BOI) endorsements.
Skills Transfer Plan: For priority sectors, a detailed plan outlining training for Filipino understudies, including timelines and objectives.

Incomplete submissions can lead to delays or rejections, making thorough preparation essential.

Step-by-Step AEP Application Process in 2025

Navigating the AEP application under DOLE Order 248 involves a structured process to ensure compliance with labor regulations. The steps include:

Step 1: Labor Market Test: Post job advertisements for at least 15 days to prove that no qualified Filipino is available for the role.
Step 2: Economic Needs Test: Submit evidence (e.g., industry reports, BOI/PEZA certifications) demonstrating the economic necessity of hiring a foreign national.
Step 3: Document Submission: Apply with DOLE within 15 calendar days of contract signing, including all required documents.
Step 4: DOLE Review: DOLE evaluates the LMT and ENT and their compliance with skills transfer requirements, typically within 3–5 weeks.
Step 5: Payment of Fees: Pay fees for a one-year AEP, for publication, and an additional fee per additional year of validity.
Step 6: Issuance of AEP: Upon approval, DOLE issues the AEP, valid for 1–3 years, depending on the contract duration.
Step 7: Compliance Monitoring: DOLE may conduct inspections to verify adherence to skills transfer and other requirements.

Employers must track deadlines to avoid penalties or delays.

Renewal and Extension Procedures for AEPs

AEP renewals and extensions under DOLE Order 248 require proactive planning to maintain compliance. The process includes:

Filing Timeline: To avoid lapses in work authorization, submit renewal applications at least 60 days before the AEP expires.
Updated Documentation: If applicable, provide a revised employment contract, tax clearance, and proof of ongoing skills transfer programs.
LMT Reassessment: DOLE may require a new job advertisement to confirm the continued need for the foreign worker. The job must be posted for at least 15 days before filing but remains valid for up to 45 days.
ENT Reevaluation: Submit updated evidence of economic necessity, particularly for roles in priority sectors like technology or infrastructure.
Fee Payment: Pay the renewal fee for one year, an additional fee for each succeeding year, and a separate fee for job publication.
Processing Time: Evaluations typically take up to 15 days.
Compliance Verification: DOLE verifies adherence to previous AEP conditions, such as Filipino training programs, before approving renewals.

Timely renewals prevent disruptions in employment and legal status.

Compliance and Penalties Under DOLE Order 248

DOLE Order 248 enforces strict compliance to protect the Philippine labor market. Key compliance measures and penalties include:

Mandatory Skills Transfer: Employers in priority sectors like IT or manufacturing must document training for at least two Filipino understudies, with progress reports submitted to DOLE.
Worksite Inspections: DOLE conducts unannounced checks to verify AEP conditions, such as job scope and training implementation.
Accurate Documentation: Misrepresentation in applications, such as falsified contracts or qualifications, results in permit revocation and a five-year work ban.
Timely Filing: Late submissions (beyond 15 calendar days from contract signing) may lead to fines or application rejection.
Tax Compliance: Foreign workers must provide tax clearance to demonstrate adherence to Bureau of Internal Revenue (BIR) regulations.
Penalties for Non-Compliance: Violations, such as working without a valid AEP, can result in heavy fines, deportation, or an indefinite ban for fraud.
Exemption Certificates: Exempt categories (e.g., diplomats, intra-corporate transferees) must secure certificates from DOLE within 30 days of arrival.

Non-compliance risks severe financial and legal consequences, underscoring the need for expert guidance. Triple i Consulting, a trusted provider of AEP services, offers specialized assistance to navigate the complex requirements of DOLE Order 248, ensuring employers and foreign nationals avoid costly errors and maintain compliance.

Exemptions and Special Considerations in DOLE Order 248

DOLE Order 248 outlines exemptions and special provisions for certain foreign nationals. These include:

Exempt Categories: Diplomats, international organization officers, and intra-corporate transferees (e.g., managers from multinational firms) are exempt from AEP requirements.
Certificate of Exemption: Exempt individuals must apply for a certificate within 30 days of arrival, submitting proof of status (e.g., diplomatic credentials or BOI endorsement).
Nationalized Industries: Roles in sectors like retail or public utilities require special permits from agencies like the BOI or the Department of Trade and Industry (DTI).
Regulated Professions: Foreign doctors, engineers, or teachers need PRC licenses before AEP approval, with processing times of 4–6 weeks.
Temporary Assignments: Foreign nationals on short-term projects (under six months) may qualify for provisional permits, subject to DOLE approval.
Priority Sectors: Roles in BOI/PEZA-registered firms may receive expedited ENT reviews, but must comply with skills transfer mandates.
Pre-Arrival Option: Foreign workers can file AEPs before entering the Philippines, requiring coordination with employers and DOLE regional offices.

These provisions cater to diverse employment scenarios but demand careful adherence to specific requirements.

Final Thoughts

The Alien Employment Permit framework under DOLE Order 248 reflects the Philippines’ commitment to balancing foreign expertise with local workforce development. DOLE ensures that foreign employment aligns with national economic goals by introducing stricter compliance measures, such as the Economic Needs Test and mandatory skills transfer programs. Employers and foreign nationals must navigate a complex process involving detailed documentation and extended processing times (3–5 weeks when including ENT/LMT evaluation). Compliance is paramount, with penalties like fines, deportation, or work bans for violations. Triple i Consulting provides expert guidance to streamline AEP applications, renewals, and compliance, making it an invaluable partner for businesses and expatriates in 2025.

Is Assistance Available?

Yes, Triple i Consulting offers specialized support to simplify the intricate AEP process under DOLE Order 248. Our expertise ensures accurate submissions and compliance, saving time and mitigating risks for employers and foreign workers. Contact us today to schedule an initial consultation with one of our experts: