Work Permit and Visa Options for Foreign Employees in the Philippines

Hiring foreign employees in the Philippines? Securing work permits and the right visas is crucial for ensuring compliance and a smooth employment process. This guide breaks down the most common options for foreign employers, from short-term permits to long-term work visas, so you can confidently navigate the legal requirements and hire the right professionals for your business.

Is A Work Permit the Same As A Work Visa in the Philippines?

Work permits and visas regulate foreign employment, protect local job opportunities, and ensure compliance with labor laws. They also provide legal authorization for foreigners to live and work in the Philippines, preventing unauthorized employment.

A work permit and a work visa are two different documents as specified below:

• Work Permit (AEP – Alien Employment Permit): Issued by the Department of Labor and Employment (DOLE), allowing a foreign national to work for a specific employer. This is necessary before applying for a visa.
• Work Visa (9G Pre-Arranged Employment Visa): Issued by the Bureau of Immigration, granting legal residency and work authorization.

Types of Work Permits for Foreign Employees in the Philippines

Alien Employment Permit (AEP)

Employers hiring foreign professionals in the Philippines for more than six months must secure an Alien Employment Permit (AEP) from the Department of Labor and Employment (DOLE). You must obtain an AEP for roles requiring specialized skills that Filipino workers cannot fill. The permit remains valid for up to five years and is renewable with proof of ongoing employment.

Special Work Permit (SWP)

For short-term or project-based employment (up to six months), you must obtain a Special Work Permit (SWP) for your foreign hires. This permit is not convertible to a 9(G) Work Visa and requires obtaining a Tourist Visa before application. Employees must exit the Philippines to apply for long-term employment visas.

The Bureau of Immigration (BI) issues the SWP and categorizes it into two types:

• Special Work Permit Commercial: For business-related activities or corporate work.
• Special Work Permit Artists & Athletes: For entertainers, performers, and sports professionals.

Provisional Work Permit (PWP)

Employers can obtain a Provisional Work Permit (PWP) from the Bureau of Immigration (BI) to ensure their foreign hires can legally start working in the Philippines while waiting for their long-term work visa. The PWP is valid for up to six months and is extendable until the work visa’s approval.

What Are The Most Common Work Visas for Foreign Employees

9(G) Pre-Arranged Employment Visa

For legally employing foreign workers long-term, an employer can sponsor prospective talent for the 9(G) Pre-Arranged Employment Visa, the most common work visa in the Philippines. It is initially valid for one year, and employees can renew it based on their employment contract.

To qualify, applicants must have:

• A job offer from an employer based in the Philippines.
• Proof of qualifications that match the job requirements.
• A signed employment contract outlining job responsibilities, salary, and duration.

9(D) Treaty Trader’s Visa

For foreign nationals from treaty countries like the U.S., Japan, and Germany engaged in substantial trade or investment, employers can sponsor the 9(D) Treaty Trader’s Visa. Unlike other work visas, does not require an AEP, offering a streamlined option for treaty traders and investors.

You should only apply for this visa when hiring foreign nationals who will specifically be conducting business under eligible treaty provisions. Alternatively, there are other business visa options you can explore if your main priority is to conduct business activities. To qualify, applicants must meet the following requirements:

• Provide proof of business operations related to treaty-based commerce.
• The treaty country must be engaged in substantial trade activities with the Philippines.

Additional Visa Options for Foreign Employees  

Special Investor’s Resident Visa (SIRV)

The Special Investor’s Resident Visa (SIRV) offers employers a pathway to secure long-term residency for foreign employees who invest at least USD 75,000 in approved Philippine businesses. Issued by the Bureau of Immigration with BOI approval, the SIRV allows residency through investment, though an Alien Employment Permit (AEP) is required for work outside investment activities.

Special Resident Retiree’s Visa (SRRV)

On the other hand, the Special Resident Retiree’s Visa (SRRV) grants indefinite residency and multiple entry privileges to foreign retirees in the Philippines. Issued by the PRA with Immigration approval, it allows limited employment with an Alien Employment Permit (AEP).

How to Legally Employ Foreign Workers in the Philippines

Requirements for Work Permits and Visas 

Obtaining an Alien Employment Permit (AEP) from the Department of Labor and Employment (DOLE), for hiring foreign nationals in the Philippines. This is followed by obtaining a 9(G) Pre-Arranged Employment Visa from the Bureau of Immigration. The general requirements include:

1. Job Offer and Sponsorship: An employer based in the Philippines must offer the foreign worker a job and sponsor their work visa application.
2. AEP Application: Submit a completed application form to DOLE, along with:
   1. Notarized Employment Contract
   2. Photocopy of Passport
   3. Employer’s Business Permits (Mayor’s Permit or equivalent)
   4. Proof of Qualifications, such as diplomas or certifications (if required by DOLE).
   5. Taxpayer Identification Number (TIN)
   6. Bureau of Immigration Clearance Certificate (if applicable)
   7. Understudy Training Program (required for knowledge transfer to Filipino workers)
3. Work Visa Application: After securing the AEP, apply for a 9(G) Work Visa at the Bureau of Immigration with the AEP approval, visa application form, and police clearance certificate, if required.

Application Process for Work Permits and Visas

The process of obtaining a work permit and visa in the Philippines involves several steps to ensure compliance with labor and immigration laws:

1. Apply for an AEP: Apply at the Regional DOLE office where your workplace is located. This permit is required before applying for a work visa.
2. Obtain a 9(G) Pre-Arranged Employment Visa: Apply at the Bureau of Immigration after securing the AEP, which can take several months.
3. Secure Additional Permits: If working in a regulated profession, obtain an Authority to Employ Alien or Special Temporary Permit, as required.
4. Register with Social Fund Organizations: Once the work visa is approved, register the employee with the Social Security System (SSS), PhilHealth, and Pag-IBIG Fund for tax and social security compliance.

Hiring foreign employees in the Philippines can be complex, but Emerhub simplifies the process. Our local visa experts can assist with obtaining work permits, AEPs, and 9(G) Visas, ensuring compliance with DOLE and the Bureau of Immigration. With our expertise, you can onboard talent faster and avoid legal complications.

Get expert assistance with your work permits and visa applications. Contact us by filling out the form below.