Simplifying government frontline services and eliminating unnecessary administrative hurdles in public services remain central priorities of Philippine labor administration. In alignment with the mandate under the Anti-Red Tape Act of 2007 (Republic Act No. 9485), as amended by the Ease of Doing Business and Efficient Government Service Delivery Act of 2018 (Republic Act No. 11032), and recent directives from the Anti-Red Tape Authority (ARTA) and pursuant to its authority under Article 40 of the Labor Code, the Department of Labor and Employment (DOLE) has officially revamped the employment framework for foreign nationals in the Philippines through Department Order No. 248-C, Series of 2026 (the “Order”).
Securing an Alien Employment Permit (AEP) in the Philippines is now faster and less bureaucratic under a newly signed Department Order. Aimed at modernizing public service for local employers and foreign workers, the new directive trims the AEP processing pipeline down to just 10 working days and permanently removes costly broadsheet publication requirements. By transferring processing power directly to internal HR personnel and shifting fee payments to post-evaluation, DOLE has effectively minimized third-party risks and front-end transaction friction.
LEGAL DEVELOPMENTS AND KEY PROVISIONS
The new Department Order establishes a modernized, employer-accountable regulatory framework designed to expedite foreign talent onboarding. Below are the core pillars of the simplified AEP guidelines:
- Elimination of Other-Agency Prerequisites: Applicants are no longer required to secure or submit licenses, permits, or proofs of application from external government bodies prior to filing and evaluating an AEP. Specifically, prerequisites from the following agencies have been dispensed with:
- Philippine Construction Accreditation Board (PCAB) License;
- Professional Regulation Commission (PRC) Special Temporary Permit;
- Department of Justice (DOJ) Authority to Employ Alien; and
- Department of Environment and Natural Resources (DENR) Authority to Hire Foreign National.
However, please be reminded that dispensing with these prerequisites for AEP evaluation does not relieve the foreign national or the employer from complying with the laws enforced by those respective agencies.
- Discontinuation of Broadsheet Publication: The costly requirement of publishing the Notice for Labor Market Test in a broadsheet at the applicant’s expense has been discontinued. Notice will now be published electronically via the Official Portal / Public Repository of DOLE or through the Office of the National Administrative Register (ONAR) at the UP Law Center.
- Shortened Processing Timelines: The evaluation period for AEP applications is reduced from fifteen (15) working days to ten (10) working days, extendible once by an additional ten (10) working days (subject to the maximum twenty (20) working-day limit under RA No. 11032).
- Direct Employer Processing and Dispensing of Agent Accreditation: Accreditation of third-party agents and appointment of authorized representatives under DO No. 221-A are dispensed with. Employers must handle applications directly through their internal human resource officers, designated personnel, or owners—with the option of engaging legal counsel—and assume direct accountability for all submitted documents.
- Post-Evaluation Payment Workflow: The Order of Payment Slip is issued only after approval following technical evaluation, ensuring that no fees are collected upon initial submission.
- Diplomatic and Embassy Endorsement Streamline: AEP applications endorsed via an official note from the foreign national’s State embassy or consulate (sent directly to the BLE or through the Department of Foreign Affairs attesting to identity and lack of derogatory record) will benefit from streamlined evaluation.
- Cultural Orientation and Equitable Healthcare Benefits: Foreign applicants may be required to undergo an orientation on Philippine history and cultural diversity. Furthermore, lawfully employed foreign nationals are guaranteed medical care benefits in government hospitals, such as the Philippine General Hospital (PGH), under terms no less favorable than those provided to Filipino workers, consistent with ILO Conventions Nos. 97 and 143.
- Discretionary Authority of the Secretary: The Secretary retains plenary authority to grant an AEP in meritorious cases (such as special economic or international agreements) and to revoke an AEP on grounds of national security, among others.
PRACTICAL IMPLICATIONS
From an operational perspective, Department Order No. 248-C significantly simplifies the AEP application process for foreign nationals while reducing the costs and lead times associated with hiring foreign personnel in the Philippines. By discontinuing mandatory broadsheet publication expenses and removing the requirement to obtain prior agency clearances from the PCAB, PRC, DOJ, or DENR before filing, employers can now initiate AEP evaluations immediately. However, removing third-party agent accreditation shifts full legal responsibility directly onto corporate HR departments and business owners, who must ensure absolute authenticity and accuracy in all filings.
To adapt, employers should prepare internal HR systems for the streamlined 10-working-day evaluation turnaround, align billing protocols with post-approval fee issuance, and ensure foreign hires are informed of mandatory cultural orientations and medical benefit entitlements.
CONCLUSION
DOLE Department Order No. 248-C, Series of 2026, represents a major leap forward in line with the government’s ease of doing business policy. By removing bureaucratic bottlenecks and modernizing notification channels, DOLE provides a predictable, efficient pathway for foreign nationals contributing to Philippine industries. Nevertheless, as procedural barriers fall, corporate employers must exercise heightened diligence to maintain compliance with substantive regulatory requirements across all government agencies.
This guide provides a general overview of the above transactions at the time of writing only and is not intended to be a comprehensive legal advice. This should also not be taken as an opinion on the topic. For more details and information, you may coordinate with any GVES Law Partner regarding the matter.
Atty. Mary Grace L. Villanueva is an associate at GVES Law.