Yes. A foreign national who entered the Philippines as a temporary visitor under a 9(a) tourist visa may generally apply for the permits and visa needed for Philippine employment without first leaving the country. The important distinction is that a tourist visa allows a person to visit—it does not authorize work. The foreign national must obtain the correct labor and immigration approvals before actually performing paid services, managing employees, reporting for duty, or beginning regular work activities. Current Department of Labor and Employment guidance specifically recognizes a process in which a foreign national enters under a 9(a) visa, obtains a Philippine job offer, secures an Alien Employment Permit, and then applies for a 9(g) employment visa. (Department of Labor and Employment)

A Tourist Visa Is Not a Work Permit

Several documents are commonly called a “work permit,” but they serve different purposes:

Document	Issuing agency	What it authorizes
9(a) Temporary Visitor Visa	Bureau of Immigration	Temporary stay for tourism, business visits, or other permitted visitor activities—not regular employment
Alien Employment Permit (AEP)	Department of Labor and Employment	Employment in a specific position for a specific Philippine employer
9(g) Pre-Arranged Employment Visa	Bureau of Immigration	Legal immigration status for regular employment and residence in the Philippines
Provisional Work Permit (PWP)	Bureau of Immigration	Temporary work authority while a 9(g) application is pending
Special Work Permit (SWP)	Bureau of Immigration	Certain short-term work engagements, generally lasting three to six months
Certificate of Exclusion or Exemption	Department of Labor and Employment	Formal confirmation that the foreign national falls within an AEP exclusion or exemption
Special Temporary Permit	Professional Regulation Commission	Limited authority for a foreign professional to practice a regulated profession

An AEP and a 9(g) visa are not interchangeable. The AEP addresses the labor-market authorization, while the 9(g) addresses the foreign national’s immigration status. In regular employment cases, both are usually required. The Supreme Court has expressly recognized that a foreign employee generally needs both an AEP from DOLE and a working visa from the Bureau of Immigration. (Supreme Court E-Library)

Legal Basis for Employing Foreign Nationals in the Philippines

Article 40 of the Labor Code

Article 40 of the Labor Code, previously numbered Article 39 in older versions, requires an employment permit when a foreign national seeks admission to the Philippines for employment and when an employer wishes to hire that foreign national.

DOLE may issue the permit after determining that no person in the Philippines is competent, able, and willing to perform the services for which the foreign national is being hired. This requirement explains why an AEP application is not merely an identity check. The employer must justify why the position should be filled by a foreign worker. (Supreme Court E-Library)

The policy is also related to Article XII, Section 12 of the 1987 Constitution, which directs the State to promote the preferential use of Filipino labor. This does not prohibit foreign employment, but it allows the government to require proof that hiring the foreign national serves a legitimate economic or skills need. (Lawphil)

Section 9(g) of the Philippine Immigration Act

The standard employment visa is the 9(g) Pre-Arranged Employment Visa under Commonwealth Act No. 613, the Philippine Immigration Act of 1940.

Section 9(g) applies to a foreign national coming to the Philippines for pre-arranged employment after the required authorization has been obtained. The Bureau of Immigration describes the 9(g) conversion process as available to foreign nationals engaging in a lawful occupation for wages, salary, or another form of compensation. (Lawphil)

Current DOLE rules

AEP applications are principally governed by:

DOLE Department Order No. 248, Series of 2025
DOLE Department Order No. 248-A, Series of 2025
Department Order No. 248-B, Series of 2026, which centralized AEP-related functions under the DOLE Bureau of Local Employment

As of June 2026, the filing, evaluation, approval, issuance, renewal, cancellation, and related administration of AEPs have been centralized under the Bureau of Local Employment at the DOLE Central Office. Employers should not assume that the DOLE Regional Office previously handling their area will still accept a new application. (ncr.dole.gov.ph)

Can a Tourist Visa Be Converted to a Work Visa?

In many ordinary employment cases, yes.

The foreign national does not technically “convert the tourist visa into a work permit.” Instead, the employer and employee complete two connected processes:

Apply for the proper DOLE employment authorization, usually an AEP.
Apply to the Bureau of Immigration to change the foreign national’s immigration status from 9(a) temporary visitor to 9(g) pre-arranged employee.

The foreign national must maintain a valid authorized stay throughout the process. The Bureau of Immigration’s 9(g) conversion checklist requires a copy of the latest admission showing valid status, and BI may require updated tourist visa extensions while the conversion remains pending.

A pending application does not automatically extend a person’s tourist stay. If the 9(a) status is about to expire, the foreign national must obtain the appropriate extension unless BI has already implemented another valid status.

Step-by-Step Process for a Tourist Visa Holder

1. Obtain a genuine offer from a Philippine employer

The regular 9(g) route requires a sponsoring Philippine employer or authorized Philippine entity. A foreign national generally cannot obtain a regular AEP and 9(g) visa merely because they want to look for freelance work after arriving as a tourist.

The employment contract or appointment document should clearly state:

Position and job description
Work location
Salary or compensation
Duration of employment
Employer’s identity
Conditions relating to AEP and visa approval

A practical approach is to state that the commencement or effectiveness of employment is conditional upon issuance of the required government authorizations. This reduces the risk that the contract appears to require work before the employee is legally authorized.

2. Check whether the occupation is legally open to a foreign national

Before spending money on publication and filing fees, the employer should determine whether:

The position is in a regulated profession
Philippine citizenship is required for the role
The employer operates in a nationalized or partly nationalized industry
A Professional Regulation Commission permit is needed
Approval or endorsement from PEZA, BOI, DOJ, or another agency is required
The engagement is better covered by an SWP, special visa, or AEP exclusion

Doctors, engineers, architects, accountants, nurses, teachers, and other regulated professionals may need a Special Temporary Permit from the PRC in addition to immigration and DOLE approval. The Bureau of Immigration expressly lists the PRC permit among the possible 9(g) requirements. (Bureau of Immigration Philippines)

3. Complete the Labor Market Test

For most new AEP applications, the employer must conduct a Labor Market Test. This is intended to determine whether a qualified Filipino worker is available for the position.

Under the rules as amended by Department Order No. 248-A, publication in a newspaper of general circulation remains mandatory, while publication through PhilJobNet and the appropriate Public Employment Service Office or Job Placement Office is generally optional.

The advertisement normally identifies:

The employer and nature of its business
The position and detailed functions
Required education, experience, licenses, or certifications
Work location
Intended employment period
Identity and city of residence of the proposed foreign employee
A statement concerning the foreign national’s qualifications

The employer generally observes the required period after publication before filing. Advertisements also have a limited validity period, so delays in signing or assembling the application can require republication. (Ocampo & Suralvo Law Offices)

4. Prepare and file the AEP application

Typical requirements include:

Accomplished AEP application form
Passport biographical page
Latest Philippine admission or visa page, when the applicant is already in the country
Employment contract, appointment, or secretary’s certificate
Detailed job description
Curriculum vitae and proof of education, experience, licenses, or technical qualifications
Newspaper publication and proof of publication
Employer’s SEC or DTI registration documents
Current General Information Sheet, if applicable
Mayor’s permit and other business registrations
Organizational chart or employee information
Special permits or government endorsements, when required
Understudy Training Program or Skills Development Program, if the employer is covered

DOLE applies an Economic Needs Test in evaluating whether employment of the foreign national fills a genuine shortage, specialized-skills requirement, technological need, or national economic interest. Covered employers may also have to establish a program for transferring the foreign worker’s skills to Filipino employees. (ACCRALAW)

5. Keep the 9(a) tourist status valid

The foreign national should monitor the expiration date stamped or recorded by the Bureau of Immigration. Tourist extensions may be filed through authorized BI offices or available online services.

Do not rely on any of the following as proof of continuing immigration status:

A signed employment contract
A newspaper advertisement
An AEP filing receipt
An approved AEP by itself
A pending 9(g) petition
An employer’s assurance that the application is being processed

The passport and BI records must continue to show a valid authorized stay.

6. Apply for conversion to a 9(g) visa

After obtaining the necessary AEP documents, the employer and foreign employee may file the 9(g) conversion petition with the Bureau of Immigration.

The official BI checklist commonly requires:

Joint request from the employer and foreign employee
Consolidated General Application Form
Passport bio page and latest admission showing valid stay
Employment contract, appointment, or assignment document
Employer’s latest income tax return and proof of payment
SEC registration, Articles of Incorporation, and current GIS, or DTI and mayor’s permit documents
AEP and proof of publication
Notarized certification showing the employer’s Filipino and foreign employees
PRC Special Temporary Permit, if applicable
BI clearance
Medical or quarantine clearance for designated cases

Affidavits must be properly notarized. The Bureau may require additional documents, verification, an interview or hearing, and biometric capture for the ACR I-Card. (Bureau of Immigration Philippines)

7. Obtain a Provisional Work Permit before beginning work

A Provisional Work Permit may be issued while the 9(g) application is pending. The BI describes it as authority issued to a foreign national during the pendency of a pre-arranged employment visa application. (Bureau of Immigration Philippines)

The employee should not begin work merely because the PWP was filed. Work should begin only after the PWP has actually been approved and issued, unless another valid work authorization already applies.

8. Complete visa implementation and ACR I-Card processing

After approval, the Bureau of Immigration implements the 9(g) visa in the passport and processes the appropriate Alien Certificate of Registration Identity Card, commonly called an ACR I-Card.

The visa, AEP, employment contract, and passport validity should be monitored together. A valid AEP does not cure an expired 9(g), and a valid 9(g) does not authorize work in a different position or for an unauthorized employer.

When a Special Work Permit May Be More Appropriate

An SWP may be considered for a genuinely temporary assignment rather than regular, continuing employment.

The Bureau of Immigration describes its commercial SWP as available to a foreign national who will engage in gainful employment for approximately three to six months. Examples may include certain short technical projects, performances, specialized installations, consultancy engagements, or limited assignments. (Bureau of Immigration Philippines)

Situation	More likely route
Regular employment lasting more than six months	AEP plus 9(g) visa
Short, defined engagement of three to six months	SWP, subject to the applicable category
9(g) application already pending	PWP
Regulated professional practice	PRC permit plus the applicable DOLE and BI authorization
Foreign national covered by a statutory exemption	DOLE Certificate of Exemption
Activity excluded from AEP coverage	DOLE Certificate of Exclusion and appropriate BI authority

An employer should not use repeated SWPs to disguise what is really long-term employment. Under current DOLE rules, the foreign national may also need a Certificate of Exclusion or Exemption, depending on the precise category. DOLE’s current guidance states that a person is generally issued only one relevant AEP, Certificate of Exclusion, or Certificate of Exemption at a time. (Department of Labor and Employment)

Typical Fees and Timelines

Government fees and processing arrangements can change, particularly following the 2026 centralization of AEP processing.

Stage	Practical estimate or cost point
Newspaper publication	Depends on newspaper, advertisement length, and number of positions
Waiting period before AEP filing	Commonly at least 15 calendar days from publication
AEP processing	DOLE currently describes a standard period of approximately 15 working days for a complete application
AEP filing fee	DOLE’s June 2026 FAQ lists a ₱6,000 filing fee for a one-year AEP; permit and other assessed charges may be separate
9(g) processing	Often several weeks or longer, depending on hearing schedules, completeness, BI workload, and verification
PWP or SWP	Subject to BI assessment and current fee schedule
ACR I-Card	Separately assessed, partly in US dollars in some BI schedules
Full regular-employment process	Frequently takes two to four months, and sometimes longer where publication, centralization, regulated-profession approval, or document verification causes delays

DOLE’s processing period begins only after a complete and acceptable filing. It does not include the employer’s publication period, document preparation, correction of deficiencies, or the separate BI process. (Facebook)

The fee tables on some BI webpages expressly state that their amounts were updated in 2014 and may change without notice. Applicants should therefore rely on the current Order of Payment Slip issued for the transaction rather than treating an old webpage amount as the final assessment. (Bureau of Immigration Philippines)

Foreign Documents, Apostilles, and Translations

Foreign-issued diplomas, professional licenses, birth certificates, marriage certificates, police records, or corporate documents may require authentication before Philippine agencies accept them.

For documents issued in a country that is a party to the Apostille Convention, the usual procedure is to obtain an apostille from the competent authority in the country of origin. An apostilled document generally no longer requires legalization by a Philippine embassy or consulate.

Documents from non-Apostille countries may still require authentication or legalization through the appropriate foreign authority and Philippine Foreign Service Post. Documents written in another language should normally be accompanied by a reliable English translation. (Philippine Embassy in New Delhi)

The exact requirement should be checked before obtaining the apostille because BI, PRC, DOLE, and specialized government agencies may require different supporting documents.

Common Mistakes That Cause Problems

Starting “informally” while still a tourist

Attending an interview, negotiating an offer, or joining preliminary meetings is different from performing the actual job. The risk increases when the foreign national begins producing work, managing personnel, serving customers, receiving regular compensation, or appearing in company records as an active employee.

Allowing the 9(a) stay to expire

An AEP application does not prevent overstaying. Immigration penalties, motions for reconsideration, downgrading issues, or departure requirements can substantially delay the 9(g) process.

Using the wrong short-term permit

An SWP should match the actual activity and duration. A six-month permit is not a lawful shortcut for an indefinite position that was always intended to be permanent.

Filing the contract and publication in the wrong sequence

DOLE rules impose timing requirements connected to publication and execution of the employment contract or appointment. Signing too early, filing too late, or allowing the publication to expire may require a new advertisement and payment of additional publication costs.

Assuming an AEP follows the employee everywhere

An AEP is tied to the approved employer and position. A transfer to another employer, or a material change of job, normally requires new approval. In Rouche v. French Chamber of Commerce in the Philippines–Le Club, the Supreme Court discussed the consequences of changing a foreign employee’s position without securing the necessary documents and emphasized that foreign employment authorization is position-specific. (Supreme Court E-Library)

Submitting inconsistent company records

Differences among the contract, GIS, SEC records, tax return, organizational chart, job advertisement, and employee certification frequently cause verification requests. The job title, compensation, work location, and duties should be consistent across all submissions.

Using altered or fabricated documents

False visa stamps, employment certificates, SEC records, affidavits, or qualifications can result in denial or cancellation and may create criminal liability for falsification under Articles 171 or 172 of the Revised Penal Code, depending on the document and circumstances.

Frequently Asked Questions

Can I look for a job in the Philippines while on a tourist visa?

A tourist may generally attend interviews, explore opportunities, and negotiate a prospective employment agreement. The person must not begin performing the job until the proper work authorization is issued.

Do I need to leave the Philippines to change from tourist to work status?

Not necessarily. A qualifying foreign national with a valid 9(a) stay may generally apply for conversion to a 9(g) visa inside the Philippines. Departure may still become necessary in unusual cases involving overstaying, inadmissibility, an expired passport, a prior immigration violation, or a visa category that cannot be converted locally.

Can I work as soon as my AEP is approved?

An AEP alone is generally not enough. The employee must also have immigration authority to work, such as an implemented 9(g), an approved PWP, or another applicable permit. The Supreme Court has recognized the separate need for an AEP and a working visa. (Supreme Court E-Library)

Can I work while my 9(g) visa is pending?

Only after obtaining an applicable PWP or other valid work authorization. Filing the 9(g) application does not itself authorize employment.

Can I apply for an AEP without a Philippine employer?

The regular AEP and 9(g) process normally depends on a Philippine-based employer-employee relationship and employer sponsorship. A foreign freelancer serving overseas clients may fall under a different legal and tax analysis and should not assume that either a tourist visa or AEP automatically covers independent remote work.

Is unpaid work allowed on a tourist visa?

Calling an activity “unpaid,” “voluntary,” or “training” does not automatically make it lawful. Authorities may examine the actual arrangement, including whether the activity benefits a Philippine business, replaces paid labor, involves regular duties, or is performed under the control of an organization.

Can a foreign national change employers after receiving a 9(g)?

Yes, but not automatically. The existing AEP and 9(g) are tied to the sponsoring employer. The old visa will generally need to be cancelled or downgraded, and the new employer must obtain the proper AEP and immigration approval before the employee begins the new job.

What happens when the employment ends?

The employer and foreign employee should promptly process cancellation or downgrading of the employment visa and related permits. The foreign national may be returned to temporary visitor status for a limited period, required to depart, or sponsored for another lawful status. Continuing to use a 9(g) after its employment basis has ended can create immigration problems.

Can a tourist obtain an SWP instead of a 9(g)?

Possibly, when the engagement is genuinely short-term and falls within an authorized SWP category. The BI states that the commercial SWP covers gainful employment for three to six months. Longer or continuing employment normally requires the regular AEP and 9(g) process. (Bureau of Immigration Philippines)

Key Takeaways

A 9(a) tourist visa holder may generally apply for Philippine work authorization and convert to a 9(g) visa while legally staying in the country.
A tourist visa does not permit the foreign national to begin working.
Regular employment usually requires both an AEP from DOLE and a 9(g) visa from the Bureau of Immigration.
A PWP may allow work while the 9(g) application is pending, but work should begin only after the PWP is approved.
An SWP may be appropriate for certain short-term engagements of three to six months.
The foreign national must keep the 9(a) stay valid until another lawful immigration status is implemented.
AEP processing has been centralized under the DOLE Bureau of Local Employment as of June 2026.
Changing employers or positions usually requires new labor and immigration approval.
Newspaper publication, document consistency, apostille requirements, and permits for regulated professions are common sources of delay.
A signed contract or pending application is never a substitute for an approved work permit and valid immigration status.