If you’re a foreign national eager to land a job in the Philippines, getting a work permit is your crucial starting point. Yet, don’t underestimate the process — it can be far more intricate than described in blogs or stories from friends.
While there is a Filipino-first policy in terms of local employment, i.e., also amidst the high unemployment rate, all foreign nationals who intend to engage in gainful employment in the country must apply for a work permit — Alien Employment Permit (AEP).
In this article, however, we won’t be digging any deeper into the AEP application, itself but rather into understanding the DOLE regional jurisdiction over AEP applications and foreign nationals — how it affects the permit processing, the challenges, and what solutions we, at FilePino, can offer.
Alien Employment Permit (AEP)
An Alien Employment Permit (AEP) is a work permit issued to foreign nationals seeking gainful employment in the Philippines, regardless of the nature or duration of employment.
It is not an exclusive authority for a foreign national to work in the country but just one of the requirements in the issuance of a work visa (9G). With the AEP, the government regulates the employment of foreign nationals for positions that can actually be occupied by equally qualified and competent Filipino workers.
Foreign nationals discovered working without valid AEPs or working with fraudulent AEPs are usually fined and barred from applications for five (5) or ten (10) years depending on circumstances. Their respective employers also face fines and penalties.
Unlike the work visas (9g) which are issued by the Bureau of Immigration (BI), the AEP is processed with and issued by the Department of Labor and Employment (DOLE), a government agency mandated to formulate policies, implement programs and services, and serve as the policy coordinating arm of the executive branch in the field of labor and employment.
AEP Application Process (Quick Guide)
In a separate article, we have comprehensively discussed the requirements and process for the AEP application, but here is an overview for your convenience:
1. Conduct an Eligibility Check.
Before applying, the foreign applicant must have a job offer from a Philippine-based company for a position that cannot be filled by a local Filipino worker. Aside from being duly registered with the government regulatory bodies, the employer, depending on the industry classification, must also secure special permits or clearances to be able to employ a foreign national. This petitioner must also have enough capitalization to sponsor alien which would be a minimum of $200,000.00 paid up capital.
2. Prepare the Documentary Requirements.
For the foreign applicant, the requirements usually include accomplished application forms, a passport, an employment contract, a BIR taxpayer identification number (TIN), and other supporting documents. For the sponsoring employer, certified true copies (CTCs) of business registration documents, board resolutions, secretary’s certificates, and other special licenses and accreditations are mostly required.
3. File the Application with the DOLE Regional Office.
If possible, the application may also be filed online, together with the uploading of the documentary requirements. The sponsoring employer also needs to publish a job advertisement in a newspaper of general circulation as part of the labor market test.
If there are no objections to the employment of the foreign national after DOLE’s publication, the application is then subject to approval and the issuance of order of payment.
4. Wait for the Approval and Issuance of the AEP Card.
Further notices, such as for the payment confirmation, final approval, and delivery of the AEP ID, are usually channeled via email.
DOLE Regional Jurisdiction in AEP Applications
To emphasize, the AEP application must be filed with the DOLE Regional Office with jurisdiction over the foreign applicant’s place of work or employment. Now, let’s look into the DOLE D.O. 221-2021, or the “Revised Rules for the Issuance of Employment Permits to Foreign Nationals,” and find out why the policy matters.
Firstly, as provided in the department order, “all applications for AEP shall be filed at the DOLE Regional Office (DOLE-RO) concerned, within ten (10) working days from date of signing of the contract or prior to the commencement of employment (Section 3).”
Secondly, “in the case of foreign nationals to be assigned in related companies, applications may be filed in the Regional Office or Field Office having jurisdiction over any of the applicant’s intended places of work (Section 5(b), DOLE D.O. 186-2017).”
Thus, it is clearly provided that an AEP application cannot be filed elsewhere, except with the DOLE Regional Office or Field Office with jurisdiction over the foreign applicant’s place of employment. While DOLE Regional Offices are primary administrative units overseeing labor-related matters within their respective geographic regions, Field Offices handle on-the-ground operations and specific tasks mostly in more localized areas.
In a practical scenario, if a foreign applicant (engineer) who will be assigned to Company ABC’s manufacturing plant in Cebu City applies for an AEP, the application must be filed with the DOLE Regional Office for Region VII (Central Visayas), even if the same company has other plants or offices nationwide. If to be assigned to various plants, then the application may be filed in any offices with jurisdiction over those plants.
Thirdly, the authorized representatives of the DOLE Regional Director may conduct a verification to establish the company’s existence and legitimacy of the application based on the documents submitted, as deemed necessary (Section 7). It is thus impossible for them to undertake such a duty if the concerned applicant and company are outside their jurisdiction.
Fourthly, the DOLE Regional Offices have the jurisdiction over resolving appeals and motions for reconsiderations as far as AEP permit application denials and revocations are concerned. Foreign national applicants must then submit all follow-up communications regarding their applications to the respective regional offices.
Lastly, the employer must submit a quarterly report on the employment of the foreign nationals and notify the DOLE Regional Office of any changes in information, such as name, address, and contact numbers.
Common Challenges Associated with DOLE Regional Jurisdictions
Now, if foreign nationals, especially those without knowledge and experience in government transactions, are to process AEP applications on their own, they will most likely encounter challenges, such as:
Geographic Issues
The Philippines is an archipelago with over 7,000 islands. Foreign nationals may be familiar with major cities, such as Manila, Cebu, and Davao, but may struggle traveling long distances to reach the nearest DOLE Regional Office.
Regional Bureaucratic Differences
Different DOLE Regional Offices across the country might have slight variations in the procedures and requirements for AEP applications, hence leading to hurdles and confusions.
Inconsistency in Processing Timelines
There are several factors that may affect the differences in processing timelines across DOLE Regional Offices. These may include the volume of processed applications, operational efficiency, and sufficiency of manpower.
Local Language and Communication Barriers
Although Filipinos are good English speakers, it cannot be denied that in many government offices, the local language or even regional dialects are used for transactions. Foreign nationals, who are not fluent in Filipino or these dialects, might struggle with communication.
Delays and Additional Costs
Without prior experience, foreign nationals may experience delays due to incomplete requirements, changes in procedures and timelines, and a lack of preparation. These delays may incur additional costs for travel, stay, and documentation.
Our AEP Processing Services
We, at FilePino, a one-stop-shop business consulting firm, offer comprehensive work visa and permit processing services. With our sister law firm, Duran & Duran Schulze Law, we have an in-house team of lawyers who are experts in local and international labor and immigration laws. Equally, our visa and immigration specialists can handle all the paperwork and legwork, while you embark on a new professional journey in the Philippines.
Client Consultation
As soon as you reach out to us, we can already schedule you for a quick call or consultation to assess your unique circumstances and discuss all aspects of the work permit, such as the requirements, procedures, timelines, and fees.
Document Preparation, Filing, and Monitoring
We then proceed with the gathering, drafting, and filing of all necessary documents. We do all the government transactions on your behalf, unless your physical presence is required, but we also make sure that you are regularly updated on the progress of your AEP application.
Other Post-Approval Services
We will be very pleased to have you join hundreds of our long-term and satisfied clients who completely entrust their work permit post-approval needs, such as renewals and other compliances, as well as other visa and immigration requirements.
… and you might just need our assistance.
Ready to apply for or renew your Alien Employment Permit (AEP)? Set up a consultation with FilePino today! Call us at (02) 8478-5826 (landline) and 0917 892 2337 (mobile) or send an email to info@filepino.com.
