Aliens Exempt from Alien Employment Permit Must Secure Certificate of Exemption Under DOLE Department Order No. 248-B

The Philippine Department of Labor and Employment now requires foreign nationals exempt from an Alien Employment Permit to obtain a DOLE certificate before pursuing work-visa processing. The requirement comes under DOLE Department Order No. 248-B, Series of 2026.

The exemption does not eliminate the filing. It changes the document the worker must obtain.

A foreign national seeking the exemption must secure a Certificate of Exemption and present it in place of an AEP during the Bureau of Immigration work-visa process. That certificate comes before the immigration filing.

The filing channel has also changed. Starting 3 September 2026, DOLE requires new permits, renewals, exemption requests, and exclusion requests to go through its official online portal.

An exemption removes the permit requirement, not the DOLE filing

The 2026 rules treat exempt workers as exempt from the permit itself, not from documentation. The worker still needs DOLE approval before the immigration case proceeds.

That distinction follows the employment-permit framework in Article 40 of the Labor Code. The provision requires aliens seeking employment in the Philippines to obtain an employment permit from DOLE, subject to the categories covered by the department’s rules.

The document also serves a timing function. Employers and foreign workers generally must complete the required DOLE process before work begins, or within the period required by the applicable DOLE rules.

The immigration filing comes after that step. The certificate is used instead of the permit for the Bureau of Immigration’s work-visa process.

The 2026 process now runs through one DOLE channel

DOLE centralized AEP functions at the Bureau of Local Employment, DOLE Central Office, effective 9 June 2026. The online-only filing requirement followed on 3 September 2026.

The change covers the full filing set. It includes new applications, renewals, exemptions, and exclusions.

The guidance bars older submission methods for these filings. Applicants cannot use email, hard-copy delivery, or walk-in filing for the covered requests after the online-only date.

That requirement applies even when the applicant is not seeking a standard permit. An exemption request remains an AEP-related filing under the centralized system.

The exempt groups include several limited-purpose workers

The categories commonly identified as exempt cover diplomatic, governmental, corporate, research, cultural, athletic, and international-organization roles. The classification depends on the worker’s status and the purpose of the engagement.

The listed groups include:

• Diplomatic personnel and foreign government officials.
• Intra-corporate transferees who are managers, executives, or specialists with at least one year of continuous prior employment.
• Contractual service suppliers.
• Foreign nationals engaged in proprietary research or working as lecturers under certain agreements.
• Artists, performers, and athletes undertaking limited engagements.
• Foreign nationals employed by international organizations accredited to the Philippine government.
• Returning Filipino citizens who previously acquired foreign citizenship.

The list includes conditions. An intra-corporate transferee, for example, must fit the stated role and prior-employment requirement.

A worker’s foreign nationality alone does not establish the exemption. The facts of the assignment and the applicable category determine which DOLE document is appropriate.

The certificate and permit carry different costs

The fee depends on the document sought. A regular permit costs more than the exemption certificate, but the exemption still carries its own issuance charge.

The figures distinguish the permit route from the exemption route. A worker who qualifies for an exemption does not pay the regular permit fee in place of the certificate fee.

The processing figure specifically applies to an AEP after payment. The filing still needs to be completed through the required online channel.

Employers must sequence DOLE and immigration filings

The order of the filings affects when the foreign national can proceed with the work-visa case. The employer and worker first establish whether the role fits an exempt or excluded category.

They then submit the appropriate request through the DOLE portal. An approved certificate can be presented to the Bureau of Immigration in place of an AEP.

The department uses separate documentation for separate classifications. An applicant who falls under an exclusion request must pursue a Certificate of Exclusion rather than assume that an exemption certificate covers every category.

The same online requirement applies to both requests. Neither classification allows the applicant to bypass DOLE’s filing process.

Employers must therefore check the category, collect the supporting information required for that category, and file before the foreign national starts work. The compliance step comes before the immigration work-visa case.

The shift began in stages in 2026: centralization took effect on 9 June 2026, and online-only submission began on 3 September 2026. Those dates govern the current filing route for the department’s permit-related services.