A foreigner who wants to work legally in the Philippines usually needs more than one government approval. In a standard local employment arrangement, the employer first secures an Alien Employment Permit (AEP) from the Department of Labor and Employment (DOLE), then petitions the Bureau of Immigration (BI) for a 9(g) pre-arranged employment visa. Depending on the assignment and the stage of the application, a Provisional Work Permit, Special Work Permit, professional license, or sector-specific authority may also be required.

As of July 2026, AEP administration is governed principally by DOLE Department Order No. 248, Series of 2025, as supplemented by Department Order No. 248-A, Series of 2025, and centralized under the Bureau of Local Employment through Department Order No. 248-B, Series of 2026. These rules place greater emphasis on proving that the foreign hire fills a genuine labor-market or economic need and, for certain employers, transferring the foreign worker’s skills to Filipino employees. (BWC Dole)

What Is a Philippine Work Permit?

“Work permit” is often used as a general term, but the Philippine system separates labor authorization from immigration status.

Document	Issuing agency	Main purpose
Alien Employment Permit	DOLE, through the Bureau of Local Employment	Confirms that the foreign national may work for the named employer in the approved position
9(g) pre-arranged employment visa	Bureau of Immigration	Gives the foreign employee lawful immigration status for the approved employment
Provisional Work Permit	Bureau of Immigration	Temporary work authority while a 9(g) application is pending
Special Work Permit	Bureau of Immigration	Immigration work permission commonly used for short commercial engagements
Certificate of Exemption or Exclusion	DOLE, through the Bureau of Local Employment	Confirms that the foreign national falls within a category that does not require an AEP
ACR I-Card	Bureau of Immigration	Registration and identification card issued to covered foreign nationals

An AEP and a 9(g) visa are not interchangeable. The AEP deals with the foreigner’s right to occupy a particular Philippine job. The 9(g) visa deals with the foreigner’s right to remain in the country for that employment. The Bureau of Immigration describes the 9(g) category as covering foreign nationals coming to the Philippines to engage in a lawful occupation for wages, salary, or another form of compensation. (Bureau of Immigration Philippines)

Legal Basis for Employing Foreign Nationals

Article 40 of the Labor Code of the Philippines requires a foreign national seeking admission for employment, and the employer that wishes to hire that person, to obtain an employment permit from DOLE. The permit may be issued after determining that no person in the Philippines is competent, able, and willing to perform the services for which the foreign worker is sought. (Lawphil)

This policy reflects Article XII, Section 12 of the 1987 Constitution, which directs the State to promote the preferential use of Filipino labor. It does not create an absolute prohibition against hiring foreigners. Instead, it requires employers to justify foreign recruitment when suitable local labor is unavailable or the foreign hire meets a legitimate economic or specialized need. (Lawphil)

The immigration side is based on Section 9(g) of the Philippine Immigration Act of 1940, Commonwealth Act No. 613. A foreign national admitted under this category may be accompanied or joined by a spouse and unmarried children below 21, subject to immigration requirements. (Lawphil)

The Supreme Court has also recognized that a foreign worker generally needs both an AEP and the proper working visa. In Mendoza v. French Chamber of Commerce and Industry in the Philippines, G.R. No. 238581, December 7, 2022, the Court explained that an AEP is a documentary requirement for a working visa and discussed the separate consequences of changing a foreign employee’s position without obtaining the required approvals. (Lawphil)

Who Normally Needs an Alien Employment Permit?

Under Department Order No. 248, the rules generally apply to foreign nationals who will engage in gainful employment in the Philippines within an employer-employee relationship.

An AEP is usually required when:

A Philippine corporation hires a foreign executive, manager, engineer, consultant, technician, teacher, chef, or other employee.
A foreign company’s Philippine branch directly employs a foreign national.
A foreign national holds another visa, such as a retirement or investment-related visa, but will occupy a paid position not covered by an exemption or exclusion.
A foreign national will perform regular services under the control and supervision of a Philippine-based employer.
The foreigner will receive salary, allowances, benefits, or other compensation for work performed in the Philippines.

The employment contract must be written so that its effectivity is conditional upon issuance of the AEP. The foreign employee should not begin actual work merely because the contract has been signed or the application has been filed. (BWC Dole)

Step-by-Step Process for Getting a Work Permit in the Philippines

1. Confirm the Correct Work-Authorization Route

Before preparing an AEP application, the employer should determine whether the assignment calls for:

A regular AEP and 9(g) visa;
A Certificate of Exemption;
A Certificate of Exclusion;
A short-term BI work permit;
A special visa under an investment, economic-zone, or other statutory program; or
Additional professional or industry authorization.

Job title alone does not decide the issue. DOLE and BI look at the foreigner’s actual functions, the employer-employee relationship, the length and purpose of the assignment, the employer’s business, and the foreigner’s immigration status.

For example, a shareholder who attends board meetings without taking part in daily management may fall under an exclusion. The same person may need an AEP if the person begins acting as chief operating officer, supervising employees, or managing ordinary business operations.

2. Conduct the Labor Market Test

The Labor Market Test is the process of showing that the employer made the position known to the local labor market and that no qualified Filipino was available, competent, and willing to perform the work.

Under the rules as clarified by Department Order No. 248-A, the employer must publish the vacancy and its intention to hire a foreign national in a newspaper of general circulation. Employers are also encouraged to post the vacancy through PhilJobNet and the appropriate Public Employment Service Office or Job Placement Office, although those additional postings are not treated as the primary publication requirement under the supplemental guidelines. (BWC Dole)

The publication should accurately state matters such as:

The employer’s name, address, and nature of business;
The position and work location;
The job description and functions;
Required education, experience, professional license, technical skills, or specialized training; and
The employer’s intention to apply for an AEP for a named foreign national.

A common mistake is publishing a vague advertisement such as “manager needed” while the AEP application describes a highly specialized regional technology role. Material inconsistencies can cause further questions or denial.

3. Prepare the AEP Documents

The exact checklist depends on the employer and position, but a typical new application includes:

Document	Practical point
Prescribed AEP application form	Information must match the passport, contract, corporate records, and publication
Passport biographical page	The name and passport number must be consistent across all filings
Valid Philippine visa, when applicable	A tourist admission does not by itself authorize employment
BIR Form 1902 or 1904, BIR certification, or proof of e-registration	Used to establish the foreign national’s Taxpayer Identification Number
Notarized or authenticated employment contract or appointment	Should state the position, duties, salary, benefits, duration, and AEP condition
SEC, DTI, economic-zone, or other registration records	The documents must establish the employer’s legal personality
Current business or mayor’s permit	Expired permits frequently delay filing or release
Proof of newspaper publication	Keep the complete newspaper page and publication affidavit
Employer’s notarized affidavit	Usually explains that no Filipino applied or that no applicant was found competent, able, and willing
Qualifications of the foreign national	Degrees, employment certificates, licenses, training records, and specialist credentials
Understudy or skills-development documents, when required	Particularly relevant to covered incentivized, strategic, or public-utility employers

Department Order No. 248 expressly allows DOLE to examine educational credentials, work experience, professional licenses, skills certifications, and specialized training when verifying the foreign national’s qualifications. (Studocu)

Foreign documents may need notarization in the country of execution and an apostille issued by the competent authority of an Apostille Convention country. Documents from a non-Apostille country may require authentication through the appropriate Philippine foreign-service post. A document written in a language other than English or Filipino should ordinarily be accompanied by a properly certified English translation.

4. Obtain Additional Sector-Specific Authority

An AEP does not override nationality restrictions or professional licensing laws.

Additional documents may include:

A Special Temporary Permit from the Professional Regulation Commission for a foreigner who will practice a regulated profession;
An Authority to Employ Alien from the Department of Justice when the employer operates in a partly or wholly nationalized activity covered by the Anti-Dummy Law;
An Authority to Hire Foreign National from the Department of Environment and Natural Resources for covered mining employment;
Philippine Contractors Accreditation Board or DOLE contracting documents for applicable construction or contracting businesses; or
Licenses or endorsements from an economic-zone, investment, gaming, or industry regulator.

A company cannot avoid constitutional or statutory nationality restrictions by describing a foreign national as a “consultant” when the person will actually exercise management or professional functions reserved or regulated by law.

5. File the Application With the DOLE Bureau of Local Employment

Effective June 9, 2026, AEP functions were centralized under the DOLE Bureau of Local Employment (BLE). This includes new applications, renewals, Certificates of Exemption and Exclusion, adjudication, enforcement, and administration of understudy and skills-development requirements. Applications that were pending in regional offices were transferred to BLE without restarting the applicable processing period. (Department of Labor and Employment)

Because filing channels and payment arrangements can change during centralization, applicants should check the DOLE Alien Employment Regulation page before filing rather than relying on an old regional checklist. (BLE Dole)

A complete application is assessed after payment. An incomplete submission may be returned without substantive action.

6. Wait for the DOLE Evaluation

DOLE evaluates:

Compliance with publication and labor-market requirements;
The truthfulness and authenticity of the documents;
Whether the foreign national has the required qualifications;
Whether a qualified Filipino is available;
Whether the position and foreign hire satisfy the applicable Economic Needs Test;
Required professional, immigration, and sector-specific permissions; and
Any objection filed by an affected person.

The official processing period is generally 15 working days from payment of the required fee, although requests for additional documents, unresolved objections, verification issues, and card-production delays can lengthen the actual timeline. (BWC Dole)

7. Apply for the 9(g) Employment Visa

After the AEP stage, the Philippine employer normally files the 9(g) visa petition with the Bureau of Immigration.

The BI’s process commonly includes:

Completion of the Consolidated General Application Form;
Pre-screening of the petition and supporting documents;
Issuance of an Order of Payment Slip;
Payment of immigration and ACR I-Card fees;
Submission of the official receipt;
Attendance at the required hearing;
Photograph and fingerprint capture;
Approval verification;
Passport submission for visa implementation; and
Release of the ACR I-Card.

The BI requires a complete documentary checklist, application form, employment documentation, and a notarized certification concerning the employer’s foreign and Filipino employees. (Bureau of Immigration Philippines)

8. Secure a Provisional Work Permit When Appropriate

A Provisional Work Permit (PWP) may be issued while a 9(g) application is pending. It is not a general substitute for an AEP or a way to start working before the 9(g) process exists.

The BI states that a PWP is issued to a foreign national during the pendency of a pre-arranged employment visa application. The application is filed with the BI and requires the prescribed form and documentary checklist. (Bureau of Immigration Philippines)

9. Keep the AEP, Visa, and Employment Details Consistent

The foreign national may work only in the approved position and for the approved employer, subject to any expressly authorized additional position.

A promotion, transfer to another company, change in duties, secondment, or move to an affiliated company can require a new or amended AEP and immigration filing. Article 41 of the Labor Code prohibits a foreign employee from transferring to another job or changing employers without prior approval. (Lawphil)

AEP Fees, Validity, and Timelines

Item	Current rule or practical estimate
AEP for one year	₱6,000
Each additional year or fraction	₱5,000
Certificate of Exemption or Exclusion	₱2,000
AEP validity	Normally one year; may follow a shorter or longer contract period but cannot exceed three years per issuance
DOLE decision period	Generally 15 working days from payment for a complete application
Certificate processing	Generally three working days from payment, subject to completeness and further verification
Renewal filing	May be filed within 60 calendar days before expiration
9(g) and ACR I-Card fees	Vary according to validity, petitioner classification, dependents, and current BI assessment

The Bureau of Immigration’s published 9(g) fee page still warns that its displayed fee schedule was last updated on March 6, 2014 and may change without notice. The amount on the BI Order of Payment Slip should therefore be treated as controlling for the particular application. (Bureau of Immigration Philippines)

The DOLE filing fee does not include newspaper publication, notarization, apostille or authentication, translation, PRC or sector-specific permits, BI charges, ACR I-Card fees, or professional service expenses.

Who May Be Exempt or Excluded From an AEP?

A foreign national who does not need an AEP may still need a Certificate of Exemption or Certificate of Exclusion. Under Department Order No. 248, formal certification is important because employers should not rely solely on the foreigner’s visa label or verbal advice.

Common exempt categories include:

A dependent spouse of a diplomatic corps member when the applicable reciprocity arrangement permits employment;
Accredited personnel of covered international organizations and qualifying dependent spouses;
Embassy officers, staff, or employees;
Certain peacekeeping or international-organization personnel;
Visiting, exchange, or adjunct professors and researchers covered by formal institutional or government agreements;
Permanent, probationary, or temporary resident visa holders;
DOJ-recognized refugees or stateless persons; and
Foreign nationals granted an exemption by a specific law.

Common excluded categories include:

A board member who has voting rights only and does not participate in management or daily operations;
A president or treasurer who is also a part-owner, subject to the Anti-Dummy Law;
A qualifying intra-corporate transferee who has worked for the foreign service provider for at least one year before deployment as an executive, manager, or specialist; and
Certain foreign representatives involved in duly authorized recruitment activities.

The distinction between exemption and exclusion can affect the required supporting documents. Permanent residence, for example, should not simply be treated as automatic permission to work without securing the appropriate DOLE certification. (BWC Dole)

Common Problems That Delay or Defeat Applications

Starting Work Before Approval

Attending orientation, directing employees, signing operational documents, serving customers, or performing ordinary job duties may be treated as actual work even when the person is called a trainee, volunteer, adviser, or consultant.

Treating a Tourist Visa as Work Authorization

A 9(a) visitor admission allows temporary stay for an authorized visitor purpose. It does not automatically permit employment. Filing a future AEP or 9(g) application does not retroactively legalize work already performed.

Inconsistent Job Descriptions

The newspaper advertisement, employment contract, AEP application, corporate appointment, PRC permit, and 9(g) petition should describe the same genuine position. Copying a generic managerial title while the foreign national performs technical or operational work invites scrutiny.

Using an Expired Business Permit

Employers should track local business-permit renewal separately from immigration deadlines. An AEP application may be delayed when the employer cannot present a current permit or a formally accepted undertaking allowed by the agency.

Assuming an AEP Covers Any Employer or Position

The permit is tied to the employer and approved position. It is not an open work permit. A foreign employee cannot carry the same AEP to a new company.

Ignoring Skills-Transfer Requirements

Covered employers—particularly those enjoying fiscal incentives, operating public utilities, or engaged in strategic or priority investments—may need an Understudy Training Program or Skills Development Program. These programs are intended to transfer the foreign worker’s knowledge or technology to Filipino employees, commonly including at least two qualified Filipino understudies or trainees. Failure to implement an approved program may support revocation. (Philippine Law Firm)

Forgetting Visa Downgrading After Employment Ends

When a 9(g) employee resigns, is terminated, changes employers, or completes the assignment, the employer and foreign national should address AEP cancellation and BI visa downgrading promptly. The foreigner should not assume that the 9(g) remains usable until the date printed on the visa after the underlying employment has ended.

Frequently Asked Questions

Can a foreigner work in the Philippines on a tourist visa?

A tourist visa or visitor admission does not by itself authorize employment. The foreigner ordinarily needs the proper DOLE authorization and an appropriate BI work status or permit before performing paid work.

Can the foreigner apply for an AEP personally?

The employer is normally the principal applicant for an AEP because it is the employer seeking permission to hire the foreign national. Filing may be handled through a duly authorized representative or accredited agent under applicable DOLE rules.

Can an AEP application be started while the foreigner is abroad?

Yes. Department Order No. 248 allows pre-arrival processing, but the conditions for release and coordination with the appropriate working visa must be satisfied. The employer should plan the DOLE and BI stages together rather than treating them as unrelated applications. (One Asia Lawyers | One Asia Lawyers)

How long does a Philippine work permit take?

A complete AEP application has a stated processing period of about 15 working days from payment. In practice, the full process is longer because publication, document preparation, possible verification, 9(g) adjudication, biometrics, visa implementation, and ACR I-Card production occur separately.

Is an AEP valid for several companies?

No. It is issued for the approved position and employer. Work for an affiliate, client, or related company should be reviewed separately, even when the companies belong to the same corporate group.

Does a permanent resident still need an AEP?

A permanent resident may fall within an AEP exemption, but the person should obtain the required DOLE Certificate of Exemption rather than relying only on the resident visa or ACR I-Card.

Is a Special Work Permit enough for a short assignment?

A BI Special Work Permit is intended for qualifying short commercial work, generally described by BI as gainful employment lasting three to six months. It should not automatically be assumed to replace any DOLE permit or certificate required under the current AEP rules. Both DOLE and BI requirements should be checked for the specific activity. (Bureau of Immigration Philippines)

Can a 9(g) applicant work while the visa is pending?

Only when the foreigner already has the other required labor authorization and has obtained a valid Provisional Work Permit or another lawful interim work authority. A pending 9(g) application alone is not permission to work.

What happens if a foreigner works without an AEP?

Possible consequences include administrative fines, denial or revocation of permits, multi-year disqualification from applying for an AEP, immigration cancellation proceedings, deportation exposure, and sanctions against the employer. Misrepresentation, fraudulent documents, contract substitution, and deliberate non-compliance can lead to particularly serious consequences. (Department of Labor and Employment)

What should happen when the foreign employee changes jobs?

The employee should not begin the new position until the required DOLE and BI approvals are in place. The old AEP may need cancellation, the 9(g) may need downgrading, and the new employer may need to complete a fresh labor-market test, AEP application, and visa petition.

Key Takeaways

Most foreign employees need both a DOLE Alien Employment Permit and a Bureau of Immigration 9(g) employment visa.
The Philippine employer normally drives the process and must justify why the foreign national is needed.
Newspaper publication and a credible Labor Market Test should be completed before filing.
The employment contract should state that employment begins only after the AEP is issued.
AEP applications, renewals, exemptions, and exclusions are now centralized under the DOLE Bureau of Local Employment.
The standard AEP fee is ₱6,000 for one year, plus ₱5,000 for every additional year or fraction, up to the permitted maximum validity.
A resident visa, board appointment, intra-corporate transfer, or short assignment should not be assumed to eliminate all work-permit requirements.
Foreign documents may require an apostille or authentication, certified translation, and Philippine notarization where appropriate.
The foreign employee must work only for the approved employer and in the approved position.
Resignation, termination, promotion, transfer, or change of employer can trigger AEP cancellation, a new application, and BI visa downgrading or conversion.