Alien Employment Permit (AEP), a Requirement to Work in the Philippines

• An Alien Employment Permit (AEP) is an authorization document issued to a foreign national or non-resident alien by the Department of Labor and Employment (DOLE) to grant the foreigner/alien admission to the Philippines for work purposes. The permit is obtained after confirming that no Filipino citizen is competent, able, and willing to fulfill the job post that the alien will be taking.

An Alien Employment Permit (AEP) is required by the Philippine government to enable foreign nationals to perform “gainful employment” in the Philippines. Gainful employment is defined as an occupation that takes place between a Philippine-based employer and a foreign employee.

All foreign nationals or non-resident aliens need to secure an AEP before they can work in gainful employment, except for those specifically exempted by law. Obtaining an AEP should be a top priority for all foreigners and aliens as all other visas require an Alien Employment Permit, including Special Investor’s Resident Visa (SIRV), Special Resident Retiree’s Visa (SRRV), Treaty Traders (9D) Visa, or Special Non-Immigrant Visa (47A2).

An Alien Employment Permit applies to employment contracts that have a duration of one (1) to three (3) years and are subject to renewal for the same period. 

An AEP corresponds to the position and employer of a foreign national. This means that when a foreigner gets promoted to a new position or changes jobs, he should apply for a new AEP. 

A Special Work Permit (SWP) is a type of authorization foreigners should obtain if they plan to work on short-term employment contracts in the Philippines. The SWP is good for three (3) months and can be renewed for another three (3) months. It should be noted that a sponsorship petition should be obtained from the Philippine-based employer before you can apply for an SWP. 

An SWP is applicable for the following foreigners:

• • Artists, performers, and their staff, who perform before an audience for a fee, subject to compliance with the requirements of the concerned agency, office, or body;
  • Foreign nationals on an emergency or temporary mission; 
  • International performers with exceptional abilities, including their staff;
  • Professional athletes, coaches, trainers, and assistants who will compete for a limited time;
  • Service suppliers coming primarily to perform temporary services and who will not receive salary or other remuneration from a Philippine source other than expenses incidental to their temporary stay; 
  • Treasure hunters authorized to research for hidden treasures with permits from the concerned government agencies and instrumentalities

• Artists, performers, and their staff who perform before an audience for a fee, subject to compliance with the requirements of the concerned agency, office, or body;
• Consultants or specialists;
• Foreign nationals who plan to work in the Philippines;
• Foreign professionals who are permitted to practice their profession in the Philippines under reciprocity and other international agreements and in consultancy services pursuant to Section 7J of the PRC Modernization Act of 2000;
• Holders of Visas including Special Investors Resident Visa (SIRV), Special Resident Retiree’s Visa (SRRV), Treaty Traders Visa (9D), or Special Non-Immigrant Visa (47A2) who holds any advisory, executive, supervisory, or technical position in any Philippine-based company;
• International performers with exceptional abilities, including their staff;
• Service suppliers coming primarily to perform temporary services and who will not receive salary or other remuneration from a Philippine source other than expenses incidental to their temporary stay; 
• Treasure hunters are authorized to research for hidden treasures with permits from the concerned government agencies and instrumentalities.

• Contractual service supplier who is an executive, manager, or specialist and an employee of a foreign service supplier who has no commercial presence in the Philippines;
• Employees of a Foreign Service supplier with at least one (1) year of continuous employment prior to deployment to an affiliate, branch, representative, or subsidiary office in the Philippines;
• Intra-corporate transferee who is a manager, executive, or specialist;
• Representative of the Foreign Principal/Employer assigned in the Office of Licensed Manning Agency (OLMA) in accordance with the laws, rules, and regulations of the Philippine Overseas Employment Administration (POEA).

• Joint Letter of request from the company and the petitioner
• Duly Accomplished CGAF for Non-Immigrant.
• Employment Contract, Secretary Certificate of Election, and/or Appointment/Assignment papers or equivalent document, with details of exact compensation, duration of employment, and comprehensive description of the nature and scope of the applicant’s position in the company
• Latest ITR of the Petitioner
• SEC registration, incorporation papers, and GIS of the Petitioner, or DTI and Mayor’s Permit in case of Single Proprietorship
• Alien Employment Permit (AEP)
• Notarized certification of the number of foreign and Filipino employees from the petitioning company
• Clearance certificate obtained from the Bureau of Immigration (BI)
• Supporting documents that will aid in the evaluation process
• Authentic copy of passport with a valid visa
•  For the spouse and unmarried children under 21 years old who will join the visa holder as dependents: Certified true copies of the Marriage Contract and Birth Certificates (with authenticity verification from the Philippine Embassy if issued abroad).

• Foreign diplomatic service members and foreign government officials recognized by the Philippine government.
• Foreign national residents and holders of temporary resident visas employed or seeking employment in the Philippines.
• Officers and staff of international organizations joined by the Philippine government and their legitimate spouses who intend to work in the Philippines.
• Foreign nationals elected as members of the Board of Directors who do not hold any post and only have voting rights in the company. 
• Foreign nationals who have obtained exemption by special laws and all other laws that may be circulated by Congress.
• Owners and representatives of foreign principals from corporations accredited by the Philippine Overseas Employment and Administration (POEA) may enter the Philippines for a limited period for the sole purpose of interviewing Filipino applicants who will be employed abroad.
• Foreign nationals who come to the Philippines to conduct, present, and/or teach research studies in colleges and universities as an adjunct, exchange, or visiting professors under agreements between colleges/universities in the Philippines and foreign colleges or universities; or between the Philippine government and foreign government, as long as the exemption is reciprocal. 

• Duly notarized application form for AEP from Department of Labor and Employment (DOLE) regional offices
• Letter of request sent to DOLE
• Authenticated passport with the latest valid visa
• Notarized contract of employment with a clear declaration of duties and responsibilities, annual salary, and other benefits of the foreign national
• Photocopy of the Mayor’s permit to operate a business
• Photocopy of business permit
• 2 pieces of 2×2 ID picture with white background
• Proof of Tax Identification Number (TIN)

• Affidavit of the petitioning company that no Filipino applicant has applied or qualified for the vacant position.
• Secretary Certificate authorizing the company representative to sign an employment contract, application form, and letter request.
• Gather all required documents and submit them together with the duly accomplished Alien Employment Permit application form to the DOLE Regional Office in the city where the foreign national intends to work. 
• Pay the fees that the DOLE will require. 
• Wait for assessment and approval, and then claim your Alien Employment Permit card at the DOLE regional office. You may also write a letter of appeal to the Secretary of DOLE in case your application is denied.

Yes, there is an easier way to get an AEP. Foreign nationals or non-resident aliens who need assistance in obtaining their Alien Employment Permit in the Philippines may contact Triple i Consulting for help. As the first ISO 9001:2008 company in the Philippines to offer business registration services to its clients, Triple i Consulting is standing by with Philippine business strategy experts who can provide professional help in AEP acquisition.

Schedle an initial consultation with one of our Philippines visa and AEP experts. Contact us through one of the following methods:

• Contact Us Here
• Fill Out the Form Below
• Call us at +63 (02) 8540-9623
• Email us at info@tripleiconsulting.com