Alien Employment Permit Philippines: DOLE Order 248 Explained for 2025

May 17, 2025

The Philippines, a hub for foreign investment and multinational corporations, maintains a robust framework to regulate the employment of foreign nationals through the Alien Employment Permit (AEP), a critical requirement for legal work in the country. Issued by the Department of Labor and Employment (DOLE), the AEP ensures that foreign workers contribute to the economy while prioritizing opportunities for Filipino citizens. On January 21, 2025, DOLE introduced Department Order No. 248, Series of 2025, which refines the AEP process rules, introducing streamlined procedures, stricter compliance measures, and new programs to foster skills transfer to local workers. This article provides a detailed overview of the updated regulations, offering employers and foreign nationals a clear roadmap to navigate the complexities of the work visa Philippines landscape.

Key Features of Department Order No. 248, Series of 2025

Department Order No. 248, Series of 2025, marks a significant update to the Philippines work permit system, balancing the needs of foreign workers with the protection of the local labor market. The order introduces reforms to simplify processes, enhance compliance, and promote skills development among Filipino workers. Below is a comprehensive list of its key features:

Simplified Labor Market Test (LMT): The LMT, a prerequisite for AEP approval, now requires only one publication in a newspaper of general circulation, reducing employers’ costs and processing time.
Economic Needs Test (ENT): A new requirement, the ENT evaluates whether hiring a foreign national addresses a specific gap in the labor market, considering factors like local skill shortages and economic benefits.
Understudy Training Program (UTP) and Skills Development Program (SDP): Employers must implement structured training programs to transfer skills from foreign workers to Filipino counterparts, ensuring long-term workforce development.
Mandatory AEP Exemption Certificate: Foreign nationals previously exempt from securing an AEP, such as diplomats or resident visa holders, must now obtain a Certificate of Exemption from DOLE before starting work.
Extended Processing Time: The AEP processing time has increased to 15 working days from the date of fee payment, allowing DOLE to conduct thorough evaluations.
Pre-Arrival Application Option: Employers can now file AEP applications before a foreign national enters the Philippines, although the permit is released only upon the worker’s arrival.

These changes reflect DOLE’s commitment to creating a competitive, investor-friendly environment while safeguarding Filipino employment opportunities.

AEP Application Requirements and Process

The AEP application process is critical for foreign nationals seeking to work legally in the Philippines. Department Order No. 248 outlines specific AEP application requirements for 2025 to ensure compliance with labor and immigration laws. Below is a detailed list of the requirements and steps involved in how to apply for AEP in the Philippines:

Duly Accomplished Application Form: Available from DOLE’s website or regional offices, the form must include accurate details about the foreign worker and the position.
Valid Passport Copy: A photocopy of the passport, including the bio page and valid visa (typically a 9G working visa), is required.
Notarized Employment Contract: The contract must outline the foreign national’s position, salary, duties, and benefits.
Proof of Job Vacancy Publication: Employers must publish the job vacancy in a newspaper of general circulation at least 15 days before filing, with ads valid for 45 days.
Notarized Affidavit: An affidavit stating that no qualified Filipino applicants were found or considered for the position is mandatory.
Business Permits and Certifications: Depending on the industry, employers must submit a mayor’s permit, PEZA certificate (for economic zone locators), or PCAB license (for construction firms).
Filing Process: Applications must be submitted to the DOLE Regional Office or Field Office with jurisdiction over the workplace within 10 working days of signing the employment contract.
Additional Permits: For regulated professions, a Special Temporary Permit from the Professional Regulation Commission (PRC) is required; for nationalized industries, an Authority to Employ Alien from the Department of Justice (DOJ) is needed.

The process typically takes two to three weeks, during which DOLE conducts the LMT and ENT to verify the necessity of hiring a foreign worker. Once approved, the AEP specifies the worker’s position, employer, and validity period, which ranges from one to five years.

Alien Employment Permit Renewal and Validity

A valid AEP is essential for foreign nationals to continue working legally in the Philippines. Department Order No. 248 clarifies the Alien Employment Permit renewal rules and the AEP validity period, ensuring compliance with evolving regulations. Below is a list of key points regarding renewal and validity:

Renewal Filing Timeline: Renewal applications must be filed at least 60 days before the AEP expires to avoid penalties or treatment as a new application.
Submission of Expiring AEP Card: The expiring AEP card must be surrendered to the DOLE Regional Office for perforation to prevent tampering.
Updated Documentation: Renewal requires updated documents, including a valid passport, employment contract, and proof of compliance with the UTP/SDP.
Processing Time: Renewal applications are processed within 24 hours of receipt, provided all documents are complete.
Validity Period: An AEP is valid for one to five years, depending on the employment contract, and can be renewed for an additional five years.
Penalties for Expired AEPs: Foreign nationals working with expired AEPs face a five-year ban on filing applications and fines of PHP 10,000 per year for violation, with employers facing similar penalties.

The streamlined renewal process underscores the importance of timely compliance to avoid disruptions in employment status.

AEP vs. Special Work Permit: Key Differences

Foreign nationals seeking employment in the Philippines may encounter multiple permit options, with the AEP and Special Work Permit (SWP) being the most common. Department Order No. 248 distinguishes the AEP from the SWP, clarifying their purposes and requirements. Below is a list comparing AEP vs. Special Work Permit:

Purpose: The AEP is for long-term employment (over six months) with a Philippine-based employer, while the SWP is for short-term professional activities (up to six months).
Issuing Authority: The AEP is issued by DOLE, while the SWP is issued by the Bureau of Immigration (BI).
Validity: The AEP is valid for one to five years and renewable for up to five years, whereas the SWP is valid for three months and extendable for another three months.
Application Requirements: The AEP requires extensive documentation, including LMT and ENT compliance, while the SWP has simpler requirements, such as a job offer and passport.
Scope: The AEP is specific to a position and employer and requires a new application for changes, while the SWP allows flexibility for short-term roles.
Visa Requirements: The AEP is a prerequisite for a 9G working visa, while the SWP may be used with temporary or tourist visas during the initial application.

Understanding these differences helps employers and foreign workers choose the appropriate foreign worker permit for their needs in the Philippines.

Exemptions and Certificates Under the AEP Framework

Certain foreign nationals are exempt from securing an AEP, but Department Order No. 248 introduces a mandatory AEP exemption certificate for these individuals. This ensures proper documentation and compliance with labor regulations. Below is a list of exemptions and certificate requirements:

Exempt Categories: Exemptions apply to diplomats, accredited officials of international organizations, resident visa holders, recognized refugees, and foreign nationals who have been granted legal exemptions.
Mandatory Certificate of Exemption: Exempt foreign workers must now secure a Certificate of Exemption from DOLE before starting work, reversing the previous optional requirement.
Certificate of Exclusion: Foreign nationals excluded from AEP requirements, such as intra-corporate transferees or contractual service suppliers, must obtain a Certificate of Exclusion, valid until the end of their contract or appointment.
Application Process: Applications for exemption or exclusion certificates are filed with the DOLE Regional Office. They require documents like a passport, contract, and proof of exemption status.
Validity: The Certificate of Exemption is valid for the duration of the deployment, while the Certificate of Exclusion aligns with the contract or appointment term.
Penalties for Non-Compliance: Failure to secure the required certificate may result in fines or work authorization issues.

These certificates formalize the status of exempt workers, ensuring transparency in the DOLE work permit system.

Why Professional Assistance is Essential for AEP Compliance

Navigating the AEP application process is complex, with strict requirements, tight deadlines, and severe penalties for non-compliance. Department Order No. 248 introduces additional layers of scrutiny, such as the ENT and UTP/SDP, making professional guidance critical. Below is a list of reasons to seek expert help, particularly from Triple i Consulting:

Complexity of Requirements: The AEP process involves multiple documents, government agencies, and compliance checks, which can overwhelm employers and foreign nationals.
Risk of Penalties: Non-compliance, such as late filings or missing documents, can result in fines of PHP 10,000 per year, deportation, or a five-year ban on AEP applications.
Time-Sensitive Processes: The 10-day filing window, 15-day publication requirement, and 60-day renewal timeline demand precise coordination.
Expert Navigation: Triple i Consulting, a trusted provider of AEP services, offers end-to-end assistance, from document preparation to filing and post-approval compliance.
Customized Solutions: With extensive experience in the Philippines’ work permit landscape, Triple i Consulting tailors its services to meet each client’s unique needs.
Avoiding Delays: Professional support ensures applications are complete and submitted correctly, minimizing the risk of delays or rejections.

Given the intricacies of the AEP process, partnering with Triple i Consulting, accessible through their website, is a strategic decision to ensure compliance and streamline hiring foreign workers.

Final Thoughts

Department Order No. 248, Series of 2025, represents a pivotal update to the Alien Employment Permit framework, aligning the Philippines’ labor policies with global investment goals while prioritizing local workforce development. By simplifying the Labor Market Test, introducing the Economic Needs Test, and mandating skills transfer programs, DOLE ensures that foreign workers contribute meaningfully to the economy without displacing Filipino talent. The extended processing times and mandatory exemption certificates reflect a commitment to thorough oversight but also underscore the need for meticulous compliance. Employers and foreign nationals must navigate these regulations carefully, leveraging professional expertise to avoid penalties and delays. For those seeking to secure a work visa in the Philippines, understanding and adhering to these rules is paramount to success in the dynamic Philippine job market.

Is Assistance Available?

Yes, Triple i Consulting offers comprehensive support to simplify the complex AEP application process. Contact us today to schedule an initial consultation with one of our experts: