UPDATE: DOLE Issues Amendments and Clarifications to Alien Employment Permit (AEP) Rules

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The Department of Labor and Employment (DOLE) has issued Department Order No. 248-A, Series of 2025, titled “Supplemental Guidelines Clarifying and Amending Provisions of DOLE Department Order No. 248, Series of 2025” (“DO 248-A”). This issuance clarifies and revises certain provisions of the earlier order on Alien Employment Permit (AEP) processing. DO 248-A shall take effect 15 days after its publication in a newspaper of general circulation.

UPDATE: Based on our inquiry with the DOLE, the DO 248-A was published in the 18 August 2025 issue of Business World. Thus, the provisions of the said Order shall take effect on 02 September 2025.

1. Posting Requirements for AEP Applications

 

 

 

 

 

 

 

 

 

 

2. Mandatory Submission of Understudy Training Program (UTP)/ Skills Development Program (SDP)

The following establishments are required to submit a UTP/SDP along with the AEP application or within 60 days from the foreign national’s employment start date:

  • Companies registered under the Foreign Investment Act (FIA) and availing of fiscal incentives
  • Entities operating public utilities or critical infrastructure under the Public Service Act, where foreign equity is permitted
  • Firms identified as strategic investments under the Strategic Investment Priority Plan (SIPP) or similar national development frameworks

3. UTP/SDP and Proof of Publication for AEP Renewal

The UTP/SDP (if applicable) and proof of newspaper publication must be submitted upon filing.  However, if unavailable at the time of filing, the application will still be accepted provided the employer submits an Affidavit of Undertaking committing to comply within 60 days.

For renewal of AEPs issued prior to 10 February 2025 (before DO 248 took effect), a training plan similar to that submitted for new AEP application suffices.

For subsequent renewals, affected establishments must submit progress reports based on the original UTP/SDP according to the following schedule:

 

 

 

These progress reports must be signed by the employer’s representative, the foreign national, and the Filipino understudy. Failure to comply may result in revocation of the AEP.

4. Exemptions from UTP/SDP Requirements

The following foreign nationals are exempt from the UTP/SDP submission requirement:

  • Those exempted or excluded from securing an AEP;
  • Equity holders/shareholders with ownership interests as reflected in the Security and Exchange Commissions (SEC) records.
  • Individuals holding positions approved for exemption by the DOLE’s Technical Working Group (TWG, in accordance with established guidelines.