Policies for Alien Employment Permits clarified

IMPACT – MEDIUM

The Department of Labor and Employment (DOLE) has issued guidance on proof of publication submissions and requirements to cancel Alien Employment Permits (AEPs).

Advertising Job Vacancies:

• Given the new labor market test requirements announced earlier this year, employers must publish job vacancies in a local newspaper for which a foreign national is applying to at least 15 days before submitting the AEP application. The AEP application must be filed within 30 days from publication.
• When submitting proof of a job vacancy publication in a newspaper, the submission must have the name of the newspaper, the publication date, and the number of job vacancies. The following submission types will be accepted:
  • A publication affidavit issued by the publisher.
  • News clippings that show the publication date and newspaper name.

Cancelation Policies:

• To cancel an AEP, the original employer or foreign national must submit a request for cancelation letter to tssdepww.aepcancellation@gmail.com.
  • If the foreign national is requesting a cancelation, he or she must provide a certification letter issued by the original employer showing the dates of employment and confirming the employment has ended as well as a copy of the signatory’s corporate identification card.
  • The AEP must be returned if it still holds validity.
• If an AEP was lost and needs to be cancelled, an affidavit of loss, police report and copy of the foreign national’s passport information page must be submitted with the request for cancelation letter.

BAL Analysis: Employers are encouraged to review the new requirements and work closely with their immigration provider when recruiting and onboarding foreign nationals.

This alert has been provided by Berry Appleman & Leiden LLP. For additional information, please contact berryapplemanleiden@bal.com.

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