How to Apply for an Alien Employment Permit (AEP)
The Alien Employment Permit (AEP) is a document issued by the Department of Labor and Employment (DOLE) that allows foreign nationals to work in the Philippines. Under the Labor Code (Article 40), no alien shall be admitted to the Philippines for employment purposes without first obtaining an employment permit from DOLE. The AEP is required for all foreign workers except those specifically exempted by law or treaty. This comprehensive guide explains the entire application process, the documents you need, the fees involved, and what to expect at every step.
Alien Employment Permit at a Glance
Estimated Cost
P9,000 for new applications; P7,000 for renewals. Additional costs may apply for document authentication, visa processing, and other supporting requirements.
Timeline
3 to 10 working days from complete submission of requirements to DOLE Regional Office. Processing time may vary depending on the completeness of documents and the volume of applications.
Key Fact
The AEP is valid for 1 year and is renewable. Exemptions exist for treaty traders, employees of PEZA/BOI-registered enterprises, members of diplomatic corps, and other categories specified by law.
Who Needs an AEP?
Under Article 40 of the Philippine Labor Code, any foreign national who intends to engage in gainful employment in the Philippines must secure an Alien Employment Permit from DOLE. The following categories of foreign workers are required to obtain an AEP:
Philippine Company Employees
Foreign nationals directly employed by companies incorporated and operating in the Philippines, regardless of position or salary level.
Multinational Company Employees
Foreign employees of multinational corporations assigned or transferred to their Philippine branch, subsidiary, or affiliate office for work assignments.
Contracted Foreign Professionals
Foreign professionals engaged under a work contract to provide services, technical expertise, or consultancy work for Philippine-based entities.
Non-Exempt Foreign Workers
All other foreign workers who do not fall under the specific exemptions provided by law, treaty, or executive order and who intend to work in the Philippines.
Who is Exempt from AEP?
Certain categories of foreign nationals are exempt from securing an AEP under existing laws, treaties, and DOLE regulations. However, exempted foreign workers may still need to register with DOLE or secure a Certificate of Exemption. The following are exempt:
- Diplomatic personnel and their dependents -- Members of diplomatic missions and international organizations accredited to the Philippines, including their household staff and dependents.
- Employees of international organizations -- Foreign nationals employed by the United Nations, World Bank, Asian Development Bank, and other international organizations with offices in the Philippines.
- PEZA/BOI-registered enterprise employees -- Foreign nationals working in enterprises registered with the Philippine Economic Zone Authority (PEZA) or Board of Investments (BOI), provided they hold a valid working visa.
- Foreign nationals under reciprocity agreements -- Nationals of countries that have entered into reciprocal agreements with the Philippines allowing their citizens to work without an employment permit.
- Treaty traders and treaty investors -- Foreign nationals admitted under the Treaty Trader (9d) visa or Treaty Investor visa pursuant to existing treaties of commerce and navigation.
- Members of governing boards or legislative bodies -- Foreign nationals who sit as members of the board of directors or trustees of a company, provided they do not occupy a management position and do not receive compensation from the Philippine entity other than per diem.
- Foreign nationals on emergency or urgent basis -- Those whose services are required on an urgent basis for a period not exceeding six months, subject to DOLE registration.
- Permanent resident foreign nationals -- Those who have been granted permanent resident status under existing immigration laws (13a, 13g visa holders).
Note: Even if exempt from AEP, foreign nationals may still need to comply with other immigration and visa requirements. It is advisable to verify your exemption status directly with DOLE or the Bureau of Immigration before commencing work.
Requirements for AEP Application
| Document | Details |
|---|---|
| Accomplished Application Form | The official DOLE AEP application form, duly filled out and signed by the foreign national applicant and the employer or authorized representative. Forms are available at DOLE Regional Offices or downloadable from the DOLE website. |
| Passport (Original + Photocopy of Data Page) | The foreign national's valid passport. Bring the original for verification and submit a clear photocopy of the data page (page with photo, name, nationality, and passport number). |
| Valid Visa (9g Working Visa or Pre-arranged Employment Visa) | A valid 9(g) pre-arranged employment visa or other appropriate working visa issued by the Bureau of Immigration. The visa must be current and valid at the time of application. Photocopy of the visa stamp or visa issuance order is required. |
| Employment Contract (Original + Photocopy) | The employment contract between the foreign national and the Philippine employer, clearly stating the position, duties, compensation, and duration of employment. The contract must be signed by both parties. |
| Employer's SEC/DTI Registration | Certificate of Registration from the Securities and Exchange Commission (SEC) for corporations or partnerships, or Department of Trade and Industry (DTI) registration for sole proprietorships. This proves the employer is a legitimate business entity. |
| Employer's Latest Audited Financial Statements | The employer's most recent audited financial statements as filed with the SEC or BIR. This demonstrates the company's financial capacity to hire and compensate foreign workers. |
| Board Resolution or Secretary's Certificate | A board resolution or secretary's certificate authorizing the hiring of the specific foreign national, stating the position, the justification for hiring a foreigner, and the designated company representative to process the application. |
| 2x2 ID Photos (4 Copies) | Four (4) recent passport-sized (2x2 inches) photographs of the foreign national applicant with white background. Photos must be taken within the last six months. |
| Processing Fee Payment | P9,000 for new AEP applications; P7,000 for renewals. Payment is made to the DOLE Regional Office cashier upon submission of the complete application. Official receipt will be issued. |
| Mayor's Permit / Business Permit of Employer | A valid and current Mayor's Permit or Business Permit issued to the employer by the local government unit where the business operates. This confirms that the employer is authorized to conduct business in the locality. |
Step-by-Step AEP Application Process
The following steps outline the complete process for applying for an Alien Employment Permit from DOLE. The employer typically facilitates the application on behalf of the foreign national employee.
Secure an Employment Contract
The foreign national must first secure a valid employment contract with a Philippine-based employer. The contract should clearly state the position, duties and responsibilities, compensation package, duration of employment, and other terms and conditions. The contract must be signed by both the foreign employee and the authorized representative of the employer.
Tip: The employment contract is one of the most critical documents. Ensure that the position stated in the contract matches the justification for hiring a foreign national. DOLE may scrutinize whether the position truly requires a foreign worker or could be filled by a Filipino.
Gather All Required Documents
Collect all the documentary requirements listed above. The employer should prepare the company documents (SEC/DTI registration, audited financial statements, board resolution, business permit), while the foreign national should prepare personal documents (passport, visa, photos). Ensure all photocopies are clear and legible. Documents in a foreign language must be translated into English by an official translator.
Important: Incomplete documents are the most common cause of delays. Double-check all requirements against the DOLE checklist before proceeding to the regional office. Some DOLE offices may require additional documents depending on the nature of the employment.
Submit Application to DOLE Regional Office
Submit the accomplished application form and all supporting documents to the DOLE Regional Office that has jurisdiction over the workplace of the foreign national. The application may be filed by the employer or an authorized representative. The DOLE receiving officer will review the documents for completeness and issue an acknowledgment receipt.
Note: The application must be filed at the DOLE Regional Office where the foreign worker will be principally employed. For Metro Manila, this is the DOLE-NCR (National Capital Region) office. For other areas, check the DOLE website for the appropriate regional office.
Pay the Processing Fee
Upon acceptance of the complete application, proceed to the DOLE cashier to pay the processing fee. The fee is P9,000 for new applications and P7,000 for renewals. An official receipt will be issued. Keep this receipt as it serves as proof of payment and will be required when claiming the AEP.
Payment methods: Most DOLE Regional Offices accept cash payments. Some offices may also accept manager's checks or bank drafts. Verify the accepted payment methods with the specific regional office beforehand.
Wait for Evaluation and Processing
DOLE will evaluate the application to determine whether the hiring of the foreign national is justified. The evaluation considers factors such as whether the position can be filled by a qualified Filipino, the skills and qualifications of the foreign applicant, and the employer's compliance with labor laws. The standard processing time is 3 to 10 working days from the date of complete submission.
Timeline: Processing may be faster (3-5 days) for straightforward applications with complete documents, or longer (up to 10 days) if DOLE requires additional information or verification. DOLE may also require the employer to publish the job vacancy to demonstrate that no qualified Filipino applicant is available.
Claim the Alien Employment Permit
Once the application is approved, the AEP will be issued by the DOLE Regional Director. The employer or authorized representative may claim the AEP from the DOLE Regional Office by presenting the acknowledgment receipt and official receipt of payment. The AEP card will contain the foreign worker's name, photo, employer details, position, and the validity period.
Validity: The AEP is valid for one (1) year from the date of issuance, unless a shorter period is specified. It is co-terminus with the employment contract or the 9(g) visa, whichever expires earlier. The foreign worker must carry the AEP at all times while employed in the Philippines.
Complete Example: Mr. Park Applies for an AEP
Mr. Park Ji-hoon, a Korean national, was hired as an IT Manager by TechSolutions Philippines Inc., a software company based in Makati City. The company needed his specialized expertise in enterprise systems integration, a skill set that was difficult to find locally. Here is how Mr. Park and his employer processed the AEP application:
Employment Contract and Visa Processing
TechSolutions Philippines prepared and signed the employment contract with Mr. Park, clearly specifying his role as IT Manager with a monthly salary of P150,000. The company also began processing Mr. Park's 9(g) pre-arranged employment visa through the Bureau of Immigration. Mr. Park had his passport with at least one year of remaining validity.
Gathered All Documentary Requirements
The company HR department gathered all employer documents: SEC registration certificate, latest audited financial statements, board resolution authorizing Mr. Park's hiring, and the Makati City business permit. Mr. Park prepared his personal documents: passport photocopy, visa copy, and four 2x2 ID photos. The company completed the DOLE AEP application form.
Submitted Application to DOLE-NCR
The company HR representative submitted the complete application to the DOLE-NCR Regional Office. The receiving officer checked all documents, confirmed they were complete, and issued an acknowledgment receipt. The company paid the P9,000 processing fee for the new AEP application and received an official receipt.
DOLE Evaluation and Approval
DOLE evaluated the application over 5 working days. They verified TechSolutions' legitimacy, reviewed Mr. Park's qualifications, and assessed whether the IT Manager position with enterprise systems integration expertise justified hiring a foreign national. The application was approved by the DOLE-NCR Regional Director.
AEP Claimed and Mr. Park Starts Work
The company HR representative claimed the approved AEP card from DOLE-NCR by presenting the acknowledgment receipt and official receipt. The AEP was valid for one year. Mr. Park officially commenced his duties as IT Manager at TechSolutions Philippines, carrying his AEP card as required.
Cost Summary for Mr. Park's AEP Application
Total timeline: approximately 4-6 weeks from contract signing to AEP issuance. Actual costs and timelines may vary. Visa processing fees are separate from the AEP fee and are paid to the Bureau of Immigration.
Frequently Asked Questions
How long is the AEP valid?
The Alien Employment Permit is valid for one (1) year from the date of issuance. However, the validity is co-terminus with the employment contract or the working visa (9g visa), whichever expires earlier. For example, if your employment contract is for six months, the AEP will also be valid for only six months. Renewal must be filed at least 30 days before the expiration date to avoid any gap in authorization.
Can I change employers while holding an AEP?
No, the AEP is employer-specific and non-transferable. If you change employers, your current AEP becomes invalid and the new employer must file a fresh AEP application on your behalf. The new employer will need to submit all the required documents and pay the full processing fee of P9,000 for a new application. Working for a different employer without a new AEP is a violation of labor laws.
What happens if I work without an AEP?
Working in the Philippines without a valid AEP is a violation of the Labor Code and immigration laws. The foreign national may face deportation proceedings initiated by the Bureau of Immigration, as well as fines and penalties. The employer may also face sanctions, including fines of up to P10,000 per unauthorized foreign worker and possible criminal charges. Both the foreign worker and the employer may be blacklisted, preventing future AEP applications.
Can I apply for an AEP online?
DOLE has been progressively digitizing its services. Some DOLE Regional Offices may accept online submission of AEP applications through the DOLE online portal or email submission of scanned documents for initial review. However, the original documents must still be presented in person for verification. Check with the specific DOLE Regional Office where you will file for their current online capabilities and requirements. The DOLE website at www.dole.gov.ph provides the latest updates on online services.
What visa do I need before applying for an AEP?
The most common visa for AEP applicants is the 9(g) Pre-arranged Employment Visa, which is issued by the Bureau of Immigration specifically for foreign nationals with confirmed employment in the Philippines. Other acceptable visas include the Special Work Permit (SWP) for short-term assignments (up to 6 months), the 47(a)(2) visa for treaty traders and investors, and the Special Visa for Employment Generation (SVEG). A tourist visa (9a) does not authorize employment and cannot be used for AEP applications. The visa must be secured before or concurrently with the AEP application.
What if my AEP expires?
If your AEP expires and you continue working, you are considered to be working without a valid employment permit, which is a violation of the Labor Code. To avoid this, file your renewal application at least 30 days before the expiration date. Renewal requires essentially the same documents as a new application, plus the expired or expiring AEP card. The renewal fee is P7,000, which is lower than the new application fee. If your AEP has already expired, you may need to file a new application instead of a renewal, paying the full P9,000 fee, and DOLE may impose additional requirements.
Important Reminders
- The AEP is employer-specific: The permit is tied to a specific employer and position. If you change employers or positions, a new AEP must be secured. Working for a different employer without a new AEP is illegal.
- Carry the AEP at all times: The foreign worker is required to carry the AEP card at all times while employed in the Philippines. Failure to present the AEP when required by authorities may result in penalties.
- Renew before expiration: File the renewal application at least 30 days before the AEP expires. Late renewals may require filing as a new application with higher fees and potential penalties.
- Coordinate AEP with visa: The AEP validity is co-terminus with the working visa. Ensure that both the AEP and the 9(g) visa are renewed together to avoid any gaps in work authorization.
- DOLE may require a labor market test: DOLE may require the employer to demonstrate that the position cannot be filled by a qualified Filipino worker. This may involve publishing the vacancy and conducting a local recruitment process before the AEP is approved.
- Report changes to DOLE: Any changes in the foreign worker's employment conditions (such as change of position, workplace location, or salary) must be reported to DOLE. Significant changes may require a new AEP application.
- Beware of fixers: Process your AEP application directly through DOLE Regional Offices. Do not transact with fixers or unauthorized intermediaries. All fees are paid directly to the DOLE cashier and official receipts are issued.
- Surrender AEP upon cessation of employment: When the foreign worker's employment ends (whether by contract expiration, resignation, or termination), the AEP must be surrendered to DOLE. The employer is responsible for notifying DOLE of the cessation of employment.
Need Help?
Contact DOLE
- DOLE Central Office: Muralla Wing cor. General Luna St., Intramuros, Manila 1002
- DOLE Hotline: 1349
- Trunkline: (02) 8527-8000
- Email: dole@dole.gov.ph
- Website: www.dole.gov.ph
- Office Hours: Monday to Friday, 8:00 AM to 5:00 PM (no noon break)
Disclaimer
This guide is provided for general informational purposes only. The requirements, steps, fees, and procedures mentioned here may vary depending on the DOLE you visit. We recommend visiting your nearest DOLE first to confirm the specific requirements and process before preparing your documents.