Tracing the widening arc from work permits to world wanderers: Key updates in Philippine immigration law

As work is no longer tethered to place, the law is compelled to keep pace. Philippine immigration law is now evolving to reflect the realities of a borderless and digitized world, recognizing the diverse ways by which individuals move, work, and establish connections across borders. Recent measures highlight this shift, including the institutionalization of the Digital Nomad Visa (DNV), the Department of Labor and Employment’s (DoLE) supplemental rules on Alien Employment Permits (AEP), and the recalibrated rules on the entry of Indian nationals.

DIGITAL NOMAD VISA
The Philippines has joined a growing number of jurisdictions offering visas for remote professionals through Executive Order No. 86. This measure authorizes the Department of Foreign Affairs (DFA) to issue DNVs to non-immigrant foreign nationals who wish to enter and/or stay temporarily in the country for the purpose of performing remote work, by means of digital technologies, for clients or employers situated abroad. The DNV is valid for a period of one year, extendible upon renewal.

To qualify, applicants must satisfy and continuously comply with the following conditions during the validity of their DNVs:

a. Must be at least 18 years of age;

b. Must show proof of remote work using digital technology;

c. Must show proof of sufficient income generated outside the Philippines;

d. Must show proof of no criminal record;

e. Must have health insurance valid for the period of the DNV;

f. Must be a national of a country that offers DNVs to Filipinos and where the Philippines has a Foreign Service Post (FSP); otherwise, the application may be filed in the nearest country where a Philippine FSP is available;

g. Must not pose threat to the internal or external security of the Philippines; and,

h. Must not be employed in the Philippines.

As of this writing, the DFA, in coordination with the relevant government agencies, has yet to issue the implementing rules and regulations (IRR) governing the DNV, including procedures for its issuance, renewal, and revocation. Until the IRR is released, qualified foreign nationals will have to wait before they can apply for this new visa category.

SUPPLEMENTAL AEP GUIDELINES
The DoLE has also issued Department Order No. 248-A, series of 2025, or the “Supplemental Guidelines Clarifying and Amending the Provisions of DoLE Department Order No. 248,” which sets forth revisions and clarifications to the filing of AEP applications.

Among the notable changes introduced is that employers are now only required to publish job vacancy advertisements in a newspaper of general circulation, which remain valid for 45 days. Publication through PhilJobNet and the Public Employment Service Office (PESO) or Job Placement Office (JPO) is no longer mandatory, though still encouraged.

The Supplemental AEP Guidelines also expressly enumerates the industries covered by the requirement to submit an Understudy Training Program (UTP) or Skills Development Program (SDP), namely: a) establishments registered under the Foreign Investment Act that enjoy fiscal incentives; b) those engaged in the operation of public utilities or critical infrastructure under the Public Service Act; and, c) those identified as strategic investments, such as enterprises in key sectors outlined in the Strategic Investment Priority Plan or an equivalent national development framework.

Meanwhile, it also specifies the categories of foreign nationals who are exempt from the UTP/SDP requirement. These include: a) foreign nationals excluded or exempted from the AEP; b) equity holders, shareholders, or foreign nationals who are owners or investors with equity participation duly reflected and reported with the Securities and Exchange Commission; and, c) foreign nationals holding positions that the Technical Working Group may later determine to qualify for exemption, in accordance with established guidelines and criteria.

Foreign applicants may now also submit an Affidavit of Undertaking pending the submission of the UTP/SDP, or while awaiting the completion of the newspaper publication, when filing for the renewal of an AEP or for additional positions, provided that the pending requirements are satisfied within 60 days from filing. Compliance with these requirements is a precondition for the release of the AEP Card, and failure to comply may constitute grounds for its revocation.

Building on these parameters, the Supplemental AEP Guidelines continue to require employers with approved UTPs/SDPs to submit progress reports. The timelines for submission have also been clarified as semi-annually for AEPs valid for one year, and annually for those valid for two or three years.

The Supplemental AEP Guidelines takes effect on Aug. 28.

ENTRY OF INDIAN NATIONALS
The Philippines has also eased the rules on entry of Indian nationals, signaling closer cooperation between the two countries. The DFA issued Foreign Service Circular (FSC) Nos. 2025-019 and 2025-020, which respectively provide for 14-day and 30-day visa-free entry for Indian nationals. These measures reflect the government’s policy to encourage stronger tourism engagement with India.

Under FSC No. 2025-019, Indian nationals may enter the Philippines visa-free for a maximum period of 14 days, provided they present a passport valid for at least six months beyond the intended stay, confirmed hotel accommodations or bookings, proof of financial capacity, and a return or onward ticket. Transit passengers holding visas to a destination beyond the Philippines must still obtain a Philippine transit visa.

Meanwhile, FSC No. 2025-020 permits Indian nationals holding a valid visa or permanent residence from the United States, Japan, Australia, Canada, the Schengen countries, Singapore, or the United Kingdom (AJACSSUK) to enter and stay in the Philippines visa-free for up to 30 days, subject to the presentation of the applicable visa or residence document, along with the same supporting documents as above.

Both types of visa-free entry privileges are strictly for tourism purposes and are non-extendible and non-convertible to other Philippine visa categories. Applicants must also have no derogatory records with the Bureau of Immigration. For stays beyond the allowed period, or for visits not exclusively for tourism purposes, Indian nationals must apply for a regular 9(a) Temporary Visitor Visa from a Philippine Embassy or Consulate abroad.

Taken together, these measures show the Philippines’ commitment to modernizing its immigration framework. With the introduction of digital nomad visas, the refinement of rules on foreign work authorization, and the expanded entry options for Indian nationals, the Philippines is building a more responsive and forward-looking approach to immigration. As a whole, these reforms ensure that Philippine immigration law remains attuned to the realities of an interconnected world.

The views and opinions expressed in this article are those of the author. This article is for general informational and educational purposes only and not offered as and does not constitute legal advice or legal opinion.

Jewel M. Culala is an associate of the Immigration department of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW).

jmculala@accralaw.com

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