Key Requirements for Obtaining an Alien Employment Permit (AEP) in the Philippines

The Alien Employment Permit (AEP) is a crucial document for foreign nationals seeking employment in the Philippines. Issued by the Department of Labor and Employment (DOLE), it ensures that the foreign worker is legally authorized to work in a specific role, while also protecting job opportunities for Filipino citizens. To successfully apply for an AEP, both the employer and the foreign worker must meet several key requirements. Here’s a detailed guide to the essential requirements for obtaining an AEP in the Philippines.

1. Duly Accomplished AEP Application Form

The application begins with filling out the AEP Application Form, which is available at DOLE Regional Offices or can be downloaded from the DOLE website. The form must include accurate details about the foreign national and the position they are being hired for. Information required includes:

• The foreign worker’s name, nationality, and personal information.
• Details about the employer and the position being filled.
• The contract duration and salary.

It is essential that the application form is completely filled out and signed by both the foreign national and the employer.

2. Employment Contract or Appointment Letter

One of the core documents required is a copy of the employment contract or appointment letter. This document should clearly state:

• The foreign national’s job title and description.
• The salary and benefits offered.
• The duration of the employment contract.

The employment contract or appointment letter should be duly signed by both the employer and the foreign worker, as this establishes the legitimacy of the employment relationship.

3. Valid Passport and Visa

Foreign workers must submit a photocopy of their passport, including the page with personal details and the valid visa. The visa should correspond to the foreign worker’s employment in the Philippines. Typically, foreign nationals applying for an AEP are required to have a 9G Working Visa, but in some cases, temporary work visas or tourist visas with a work exemption may be acceptable during the initial application.

• Passport pages showing the personal details and entry visa must be clear and valid at the time of the AEP application.

4. 2×2 ID Photograph

A recent 2×2 ID photo of the foreign worker must be provided with the application. The photo should meet the following criteria:

• Taken within the last six months.
• Colored, with a white background.
• Showing the applicant’s full face and shoulders.

This photo will be used for the AEP document, so it is important that it is professionally taken and meets the standard requirements.

5. Tax Identification Number (TIN)

While not mandatory for initial submission, the foreign national’s Tax Identification Number (TIN) may be required, especially if the foreign worker will be staying and working long-term in the Philippines. Obtaining a TIN allows the foreign national to meet tax obligations under Philippine law.

6. Proof of Job Vacancy Posting

To protect Filipino workers’ employment opportunities, employers must publish the job vacancy in a newspaper of general circulation. The job posting should indicate that the position is available to qualified Filipino workers. This requirement ensures that the foreign worker is only hired if no Filipino applicant is suitable for the job.

• A certificate of publication or proof of the job advertisement must be included in the AEP application.

The job vacancy must be published at least 15 days before submitting the AEP application to give Filipino citizens the opportunity to apply.

7. Proof of No Filipino Available for the Role

One of the primary purposes of the AEP is to ensure that Filipino citizens are given priority for employment opportunities in the country. Employers must demonstrate that no qualified Filipino was available to fill the role that the foreign worker is being hired for.

This can be supported by:

• Resume reviews or records showing that Filipino applicants did not meet the job’s qualifications.
• Industry-specific documentation that highlights the lack of local expertise or skills in the job field.

In some cases, particularly for highly specialized roles, this requirement may be waived if the foreign worker possesses unique skills that are not readily available in the local labor market.

8. Payment of Processing Fee

A processing fee must be paid when applying for an AEP. The fee is PHP 9,000 for a one-year permit, with an additional charge of PHP 4,000 for each subsequent year of the permit’s validity, up to a maximum of five years.

• For instance, a two-year AEP will require a payment of PHP 13,000.

Processing fees must be paid directly to DOLE at the time of application submission, and receipts of payment should be retained for reference.

9. DOLE Review and Approval Process

Once all documents are submitted, DOLE will review the application. This process typically takes two to three weeks. During the review period, DOLE may conduct inspections, request additional documentation, or publish the application in a newspaper to allow the public or interested parties to challenge the issuance of the AEP.

• During this time, the foreign national cannot officially work in the Philippines until the permit is issued.

Once the AEP is approved, it will specify the foreign worker’s position, the employer, and the validity period. The foreign worker must comply with these terms to avoid any legal repercussions.

10. Additional Requirements for Special Situations

In certain cases, foreign workers may be subject to additional requirements, depending on their specific job or industry. For example:

• Foreign nationals in government consultancy roles may require extra clearances.
• Workers in regulated industries like pharmaceuticals or finance may need additional professional licenses or certifications to meet both DOLE and industry-specific regulations.

Conclusion

Obtaining an Alien Employment Permit (AEP) in the Philippines requires a thorough understanding of the application process and documentation requirements. By following the steps outlined above, foreign workers and their employers can ensure a smooth and compliant process when applying for the permit. The AEP not only grants foreign nationals the legal right to work in the country but also guarantees that local Filipino workers are given priority in the labor market.

For specific assistance with your AEP application or if you encounter challenges during the process, it’s advisable to seek legal advice from experts experienced in immigration and employment law in the Philippines.