A Step-by-Step Guide to Applying for an Alien Employment Permit (AEP)

For foreign nationals planning to work in the Philippines, securing an Alien Employment Permit (AEP) is a key requirement under Philippine labor laws. Issued by the Department of Labor and Employment (DOLE), the AEP ensures that foreign workers are legally authorized to work in specific roles, while safeguarding local employment opportunities for Filipinos. In this guide, we’ll walk you through the entire process of applying for an AEP—from eligibility to submission.

1. Determine If You Need an AEP

Before proceeding with the application, it’s important to first determine whether your specific situation requires an AEP. You will need an AEP if:

• You are a foreign national hired for a managerial, technical, or highly specialized role by a company in the Philippines.
• Your job cannot be filled by a qualified Filipino worker.
• You are a resident foreign national engaged in employment with a local company.

Exemptions

Some foreign nationals are exempted from obtaining an AEP, including:

• Diplomats and consular officers.
• Staff of international organizations accredited by the Philippine government.
• Foreign nationals working on government-to-government projects or consultancy services.

If you fall under any of these categories, an AEP may not be required.

2. Prepare the Required Documents

To apply for an AEP, your employer must submit several documents to the DOLE. Below is a checklist of the required documents:

• Duly accomplished AEP Application Form (available from DOLE’s website or local offices).
• A copy of the employment contract or appointment letter stating the position, salary, and benefits.
• Photocopy of the foreign national’s valid passport with a valid visa.
• A 2×2 ID photo of the foreign worker (recent, colored).
• Tax Identification Number (TIN), if available.
• Proof of publication of the job vacancy in a newspaper of general circulation, which shows that the employer first attempted to find a qualified Filipino candidate for the position.

Note: The job posting must be published before the AEP application, as this helps verify whether the position could have been filled by a Filipino worker.

3. Submit the AEP Application

The next step is to submit the application to the DOLE Regional Office where the foreign national will be employed. The application can be filed by the employer, a representative, or the foreign national themselves.

a. Where to Submit

The application should be submitted to the DOLE office with jurisdiction over the location of the employer’s principal office.

b. Processing Fee

There is a processing fee of PHP 9,000 for a one-year permit, with an additional charge for each subsequent year up to a maximum of five years.

4. DOLE Review and Publication

Once submitted, the DOLE will review the application to ensure all requirements are met. During this process, the application is published in a newspaper of general circulation. The publication serves to notify the public, giving any interested parties the opportunity to challenge the application if a Filipino citizen is found to be capable of fulfilling the job requirements.

5. Wait for DOLE Evaluation

After the publication and a thorough evaluation, DOLE will determine whether to issue the AEP. The review process typically takes two to three weeks, during which DOLE verifies the qualifications of the foreign national and checks that there is no available Filipino worker who can fill the role.

6. Issuance of the AEP

If the application is approved, the DOLE will issue the Alien Employment Permit (AEP), allowing the foreign worker to legally work in the Philippines. The AEP will state the foreign worker’s specific job position, employer, and validity period, which can range from one to five years.

Important Notes:

• The AEP is valid only for the position and employer stated in the permit. If the foreign national changes jobs or transfers to a different company, a new AEP application must be filed.
• The AEP must be renewed before its expiration if the employment extends beyond the permit’s validity period.

7. Additional Permits and Visas

The AEP is just one part of the legal requirements for foreign workers in the Philippines. After obtaining the AEP, the foreign national will also need to apply for a 9G Working Visa from the Bureau of Immigration (BI), allowing them to stay and work in the Philippines for the duration of the AEP.

For temporary work assignments of less than six months, a Special Work Permit (SWP) may be obtained instead of a full AEP.

8. Renewal of the AEP

Foreign nationals who wish to continue working after their AEP expires must apply for renewal 60 days before the permit’s expiration. The renewal process is similar to the initial application but may require additional documentation based on the circumstances of the extension.

Renewal Requirements:

• Duly accomplished AEP renewal application form.
• Updated employment contract or extension letter.
• Payment of the renewal fee.

9. Consequences of Working Without an AEP

It is important to comply with the AEP requirement to avoid legal issues. Foreign nationals found working without an AEP (when required) or with an expired permit may face:

• Deportation.
• Fines and administrative penalties for both the foreign worker and the employer.
• Possible suspension or revocation of the business’s License to Operate (LTO).

10. What to Do in Case of Changes in Employment

If a foreign national changes jobs or moves to a different company, a new AEP must be obtained. The new employer will need to submit the necessary documents, including the new employment contract and other relevant details.

Conclusion

Applying for an Alien Employment Permit (AEP) in the Philippines is a necessary step for foreign nationals to work legally in the country. By following the proper procedures, businesses and foreign workers can ensure that they comply with local labor laws and avoid legal complications. With a valid AEP, foreign nationals can contribute to the growth of industries in the Philippines while staying compliant with the country’s regulatory framework.

For specific legal assistance or further clarification on AEP applications, it is advisable to seek the guidance of a legal professional experienced in immigration and employment laws in the Philippines.