Law Summary
Processing and Issuance of Alien Employment Permit (AEP)
- For positions under the Understudy Training Program (UTP), DOLE Regional Offices will issue the AEP within 10 working days after receiving complete requirements, including the necessary interviews and processes.
- For positions not under UTP, issuance shall be done within a maximum of 7 working days.
- Only BOI-registered enterprises, as furnished by the Bureau of Local Employment, are eligible to apply for AEP under this Circular.
Special Alien Employment Permit Card and Visa Issuance
- The Bureau of Local Employment will design a special Alien Employment Permit card for foreign nationals working in BOI-registered enterprises.
- This AEP card serves as the basis for the Bureau of Immigration to grant a 9(g) visa valid for two years.
Notification and Revocation of AEP
- DOLE Regional Offices are required to notify the Bureau of Immigration and Bureau of Local Employment if an AEP is revoked or cancelled.
- This ensures proper action on the visa status linked to the AEP.
Effective Date and Supersession
- The Memorandum Circular takes effect immediately upon issuance.
- It supersedes all prior inconsistent issuances.
Memorandum of Agreement: Key Roles and Responsibilities
- BOI allows foreign nationals in supervisory, technical, and advisory roles in registered firms for 5 years with 47(a)(2) visas.
- After five years, firms may apply for 9(g) pre-arranged employment visas or 9(d) treaty trader/investor visas.
- BI is tasked with approving visa petitions, including change of admission statuses.
- DOLE issues the Alien Employment Permit as a prerequisite for employment.
Visa Issuance Time Frames and Procedures
- BI must facilitate issuance of 9(g) visas within two months and 9(d) visas within one month upon complete submissions.
- DOLE must issue AEP within 10 working days for UTP positions and 5-7 working days for others.
- DOLE to consider extending AEP validity from one year to two years for BOI-registered enterprise workers.
Special Provisions for Regional Headquarters and Visa Fees
- BI to issue visas to Regional Headquarters personnel within 5 working days.
- These personnel are exempt from immigration and alien registration fees and clearances per EO 226.
Visa Validity and Extension
- Initial visa grant for BOI-registered firm foreign nationals is two years with multiple entry privileges.
- AEP validity is for one year, extendible by another year; visa extensions may also be granted for two more years upon petitioning BI.
- Emigration Clearance Certificate (ECC) and Special Return Certificate (SRC) are valid and co-terminus with the visa.
Airport Immigration Facilitation
- BI to establish special lanes at Ninoy Aquino International Airport (NAIA) for holders of 9(g), 9(d), 47(a)(2), SIRV, and RHQ visas.
BOI’s Role in Coordination and Support
- BOI to provide an updated list of registered enterprises to DOLE Bureau of Local Employment quarterly.
- BOI to provide office space and clerical support for a BI office under its One-Stop Action Center in Makati.
General Implementation
- The Memorandum of Agreement remains effective unless revoked, modified, or terminated by the involved parties.
- The Circular mandates strict compliance by the relevant agencies and offices.