AEP Exemption or Exclusion: A Certificate May Still Be Required
Some foreign nationals may fall outside the ordinary Alien Employment Permit requirement. That does not mean an employer can simply label the person “exempt” and proceed. The legal basis for exemption or exclusion, the supporting documents, and any required Department of Labor and Employment certification should be examined before work begins.
Start with the current DOLE rules
DOLE Department Order No. 248, series of 2025 sets out the revised framework for employment of foreign nationals. DOLE’s Bureau of Working Conditions explanation notes that people previously treated as exempt must obtain a Certificate of Exemption or Exclusion where required before engaging in employment. The precise category and documents depend on the person’s status and proposed work.
Employers should identify the individual’s citizenship, immigration status, role, employer, worksite, duration, and any treaty or statutory basis being relied on. A corporate title or ownership interest does not by itself resolve whether the person will perform gainful work. The employer should also confirm whether sector-specific permissions apply.
Keep labor and immigration records aligned
An AEP exemption or exclusion concerns the labor-permit requirement. It is not a substitute for a valid immigration status or permission to undertake the proposed activity. Where a 9G visa or other visa is being considered, coordinate the DOLE and Bureau of Immigration steps and use consistent employment facts in each filing.
Our immigration services can help identify the relevant route and documentary sequence. Contact BizzureVisa before a foreign hire starts work so the facts can be assessed properly.
This article is general information, not a determination that a particular worker is exempt from an AEP.
