Towards an Expeditious Processing of Alien Employment Permits

By: Kristine Bernadette F. Soriano

Following the centralization of the Alien Employment Permit (AEP) processing from the regional offices of the Department of Labor and Employment (DOLE) to its central office, through the Bureau of Local Employment (BLE), in June 2026, the DOLE has issued Department Order No. 248-C s. 2026 on 27 October 2026, with the aim of simplifying AEP applications in line with the government’s ease of doing business policy. The issuance (“simplified AEP rules”), which shall take effect after 15 days from its newspaper publication, amends certain provisions of Department Order No. 248 s. 2025 and other AEP-related issuances, introduces new mechanisms, and sheds light on applicable processing times.

Dispensing Other Agency Pre-requisites

Under the simplified AEP rules, applicants are no longer required to submit permits issued by other government agencies, or proof of application of such permits, as pre-requisites for the issuance of an AEP. These include the Special Temporary Permit (STP) issued by the Professional Regulation Commission (PRC) for foreign nationals who intend to practice regulated professions, and the Authority to Employ Alien (AEA) issued by the Department of Justice (DOJ) for companies engaged in nationalized or partly-nationalized activities and covered by the Anti-Dummy Law.

The Philippine Construction Accreditation Board (PCAB) License as well as the Department of Environment and Natural Resources (DENR) Authority to Hire Foreign National are likewise dispensed with. The rules, however, clarify that the removal of these documentary prerequisites does not exempt applicants from complying with the laws and regulations governing the permits themselves, which remain mandatory, where applicable.

Changes to the Publication Requirement

Publication of the job vacancy ad for the foreign national’s position in a newspaper of general circulation in the country is discontinued under the simplified AEP rules. It will be recalled that under Department Order Nos. 248 and 248-A s. 2025, publication in a newspaper of general circulation at least fifteen (15) days prior is a pre-requisite for the filing of the AEP application, in compliance with the Labor Market Test, or the determination that there is no qualified Filipino who is competent, able, and willing for the role.

Under the simplified AEP rules, the publication notice shall be published instead in the Official Portal or Public Repository of the DOLE, or alternatively, filed with the Office of the National Administrative Register (ONAR) at the University of the Philippines Law Center. It is expected that the DOLE will issue further guidelines on the implementation of the publication requirement.

Processing Time and Accreditation of Agents

The simplified AEP rules reduce the 15 working day processing period provided under Department Order No. 248 s. 2025 to ten (10) working days. However, the period may be extended once for another 10 working days, bringing the maximum processing time to twenty (20) working days. The shorter standard processing period is expected to help applicants, particularly those with expiring work visas or imminent travel plans, better anticipate the issuance of their AEPs.

Meanwhile, the accreditation of agents and the appointment of authorized representatives under Department Order No. 221-A s. 2022 are no longer required. Instead, employers shall now directly process AEP applications through their respective human resource officers, personnel, or legal counsel.

Orientation and Healthcare Benefits of Foreign Nationals

The simplified AEP rules introduce new provisions such as the orientation of foreign national applicants on Philippine history and cultural diversity. Further, the rules expressly provide that lawfully employed foreign nationals may be afforded medical care benefits in government hospitals, such as the Philippine General Hospital, under terms that are not less favorable than those for Filipino workers.

Embassy-Endorsed Applications and Grant of AEP by DOLE Secretary

To further simplify the AEP processing, the rules allow the endorsement of an AEP application by an official note issued by the Embassy or Consulate of the foreign national’s State addressed to the DOLE-BLE. The endorsement shall attest to the foreign national’s identity and lack of derogatory record, thus aiding with the evaluation of the application.

Finally, the rules now allow the Secretary to grant an AEP in meritorious cases, such as in cases of special economic and international agreements. Similarly, the Secretary may revoke an AEP on national security grounds.

The continuous efforts to fast-track procedures and to streamline requirements for the AEP are a timely and necessary response to the Philippines’ growing economy and competitiveness in the global market and to increased mobility in today’s global business environment. With the issuance of the simplified AEP rules, it is expected that the issuance of AEPs will be faster and more efficient and that the processing timelines provided therein will be strictly followed in practice. Undoubtedly, the expeditious processing of AEPs is essential to attract foreign investments and talent which will contribute to our nation’s economic growth and to the development of Filipinos through transfer of skills and knowledge mechanisms.

This article is only for general informational and educational purposes and is not offered as and does not constitute legal advice or opinion.

Kristine Bernadette F. Soriano is a Senior Associate of the Immigration Department of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW).

[email protected]
(632) 8830-8000

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