What an Alien Employment Permit (AEP)?
An AEP is a document issued by the Department of labor and Employment authorizing a foreign national to work in the Philippines. The holder of an Alien Employment Permit is also required to obtain a visa from the Bureau of Immigration.
Who are the foreign nationals required to apply for an AEP?
a. Foreign nationals who intend to engage in gainful employment in the Philippines;
b. Foreign nationals who intend to apply for a 9g pre-arranged employment visa
c. Foreign professionals who are allowed to practice their profession in the Philippines under reciprocity and other international agreements and in consultancy services pursuant to Section 7(j) of the PRC Modernization Act of 2000.
d. Holders of Special Investors Resident Visa (SIRV), Special Retirees Resident Visa (SRRV), Treaty Traders Visa (9d) or Special Non-Immigrant Visa (47(a)2) for as long as they occupy any executive, advisory, supervisory, or technical position in any establishment.
Who are the foreign nationals exempted from securing an AEP?
a. Resident Foreign Nationals employed or seeking employment in the Philippines (DO 41-03)
b. Members of the diplomatic services and foreign government officials accredited by the Philippine government;
c. Officers and staff of international organizations of which the Philippine government is a cooperating member, and their legitimate spouses desiring to work in the Philippines;
d. Foreign nationals elected as members of the Governing Board who do not occupy any other position, but have only voting rights in the corporation;
e. All foreign nationals granted exemption by special laws and all other laws that may be promulgated by the Congress;
f. Foreign nationals who come to the Philippines to teach, present and/or conduct research studies in universities and colleges as visiting, exchange or adjunct professors under formal agreements between universities or colleges in the Philippines and foreign universities or colleges; or between the Philippine government and foreign government; provided that the exemption is on a reciprocal basis (DO 41-03)
g. Owners and representatives of foreign principals, whose companies are accredited by the Philippine Overseas Administration (POEA), who come to the Philippines for a limited period solely for the purpose of interviewing Filipino applicants for employment abroad.
Where shall an application for an AEP be filed?
An application for AEP shall be filed personally or through their respective employer with the DOLE Regional Office or Field Office having jurisdiction over the intended place of work.
In case of foreign nationals to be assigned in subsidiaries, branch offices and joint ventures, and those assigned in the headquarters with oversight functions in any of the branch offices, operations or projects in the country, they may file their application in any of the DOLE Regional/Field Offices nearest their place of work.
What is the period of validity of an AEP?
The AEP shall be valid for one (1) year or co-terminus with the duration of employment, consultancy services or other modes of employment or term of office which inno case shall exceed five years. Said AEP is valid for the position/s and company for which it was issued.
In case of assignment in the company’s subsidiaries, branch offices and joint ventures and those assigned in the headquarters with oversight function in any of the branch offices, operation or projects in the country, one (1) AEP shall be required and valid for all the said assignments irrespective of their place/s.