On June 9, 2025, the Department of Labor and Employment (DOLE) issued Department Order No. 248-A of 2025, Supplemental Guidelines clarifying and amending provisions of DOLE Department Order No. 248 of 2025 (issued January 21, 2025). The latest order provides further guidance on the issuance of Alien Employment Permits (AEPs).
The Supplemental Guidelines take effect fifteen days after publication in a newspaper of general circulation.
Among the key clarifications are the following:
- In addition to publishing the vacant position in a newspaper of general circulation, applicants are encouraged to post the vacancy in the PhilJobNet and with the Public Employment Service Office (PESO) or Job Placement Office (JPO). Only the newspaper posting is mandatory.
- An Understudy Training Program (UTP) or Skills Development Program (SDP) plan is only required in the following cases:
- The employer is registered under the Foreign Investment Act (FIA), employs foreign nationals and enjoys fiscal incentives;
- The employer is engaged in the operation of public utilities or critical infrastructure under the Public Service Act, where foreign equity participation is allowed;
- The employer is identified as a strategic investment, including those in key sectors outlined in the Strategic Investment Priority Plan (SIPP) or equivalent national development framework
- Applicable employers must submit the UTP or SDP plan within 60 days from the start of employment of the foreign national, using their own format, providing it contains the required information.
- Employers must submit progress reports, based on the submitted UTP/SDP plan, on a semi-annual basis (for one-year AEPs) or an annual basis (for multi-year AEPs). The report must include details of implementation, attendance and competencies gained by the Filipino national employee(s) and must be duly signed by the employer, the foreign national and the Filipino employee(s).
- Foreign nationals exempted from the UTP/SDP requirement include:
- Those excluded or exempted from AEP;
- Equity shareholders or foreign nationals who are owners or investors with equity participation as reflected or reported with the Securities and Exchange Commission (SEC);
- Foreign nationals occupying positions that have been determined by DOLE’s Technical Working Group (TWG) to be qualified for exemption.
- DOLE will allow the acceptance of renewal applications with an Affidavit of Undertaking, committing to comply with the requirements of publication prior to the release of the AEP card, and the UTP/SDP within 60 days from the date of submission, if applicable.
- For AEPs issued before February 10, 2025, or prior to the issuance of the AEP Rules, renewal applications will only be required to submit a training plan for the UTP, similar to a new application, in lieu of full compliance with the UTP / SDP requirements.
- Failure to submit / comply with the documents will be a ground for revocation of the AEP.
- The DOLE Regional Office must act to approve or deny the application within 15 working days from payment of the required fee.
Erickson Insights & Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.