Israel
Frequently Asked Questions
Answers provided by Liam Schwartz and Jennifer Schear*
1. How many categories of temporary work permits or temporary work visas for foreign nationals are available?
Israeli law provides for one general type of work permit for nationals: the B-1 visa which includes several subcategories depending on the nature of the proposed employment.
2. What government ministries or agencies are involved in the temporary work permit process?
The Ministry of Interior (via the Population Immigration and Border Authority ["PIBA"]); and the Ministry of Foreign Affairs (via Israeli consulates abroad).
3. What are the most frequently used options for international intracompany and affiliate cross-border transfers of key personnel?
Cross-border transfers of key personnel are accomplished solely by utilization of the B-1 visa.
4. What temporary work permit and visa options are most frequently used for newly hired international workers?
Please see response to question #1.
5. What basic procedure is used to obtain a temporary work permit?
The B-1 procedure is comprised of the following procedural steps:
> Step 1. Submission of a temporary work visa petition to the Permits Unit of the PIBA in Jerusalem. The Permits Unit is comprised of industry-specific committees, each respectively charged with adjudicating work permit applications on behalf of foreign high-tech experts, seasonal agricultural workers, health care workers, and the like. Following consideration of the application, the Permits Unit will either approve or deny the visa petition. Note: there is no appeal from the denial of temporary work visa petition.
> Step 2. Submission of a subsequent visa application to the local office of the Ministry of Interior with jurisdiction over the proposed place of employment. The visa application packet includes, inter alia, basic corporate documents, and affidavits from the employer and employee. In addition, visa fees must be paid at this time: company fee of NIS 4,430 and visa issuance fee of NIS 160. In the context of this application, the company formally requests that the local office of the Ministry of Interior electronically authorize the appropriate Israeli consulate abroad to issue an entry visa to the proposed foreign employee.
> Step 3. Electronic transmission of visa issuance authorization by the local Ministry of the Interior to the Israeli consular post abroad with jurisdiction over the applicant’s place of residence. The proposed employee must appear at the consulate and file an application for an entry visa within 90 days of the Ministry of Interior transmission of visa issuance authorization. Upon application and interview, the Israeli consul then issues the proposed employee a single-entry B-1 visa valid for 30 days.
> Step 4. Within 30 days of admission to the country, the individual must apply at the local office of the Ministry of Interior for a multiple-entry B-1 visa stamp. The multiple entry visa is valid for the duration of PIBA approval (generally 1 year).
6. What conditions or restrictions apply to workers on temporary work permits?
The foreign employee may work only for the sponsoring employer, pursuant to the terms and conditions of the approved petition.
7. What conditions or restrictions apply to employers sponsoring temporary workers?
Applications for an Israeli work permit generally must be sponsored by a local Israeli employer. In some cases, it is possible for a foreign corporation to apply for a B-1 visa for senior managers and representatives without a sponsoring local Israeli entity. The employment of a foreign professional without a valid work permit carries with it significant monetary sanctions with regard to employers. Additionally, the managers of repeat corporate offenders are subject to criminal liability. The terms and conditions of employment such as salary, accommodation, and health insurance must comply with relevant labor laws and regulations.
8. What is the validity period of a temporary work permit?
Work permits are normally valid for up to one year. Extensions of up to one year each may be requested, but total stay in B-1 status ordinarily may not exceed five years and three months.
9. Is the temporary work permit procedure a separate process from the temporary work visa procedure?
Yes. Please see answer to question 5.
10. How long does it typically take for a temporary work permit or a temporary work visa to be issued?
Total processing times for B-1 work petitions typically range between 12 to 16 weeks. Factors impacting on processing times (and their ultimate success) include current government policy on the hiring of foreign workers, the uniqueness and level of the employee’s skills, the extent of prior recruitment efforts made by the company, and the shortage of Israeli employees in the specific field. Security checks may delay the process. Note: the Fall Jewish holidays may have a major impact on processing times: in 2008, for example, the Ministry of Interior was closed for virtually the entire month of October because each of the many holidays fell on work days.
11. What is the degree of difficulty or typical probability of success of well-prepared applications for the temporary work permit and temporary work visa categories most frequently used by employers of foreign nationals?
Current governmental policy limits the number of work permits to be issued for foreign employees. As a result, applications should be submitted professionally and promptly in accordance with current regulations and criteria as applicable in an effort to avoid delay and refusal.
12. What are the leading methods successfully used to obtain the right of permanent residence for international workers?
As a general statement, there is no mechanism for obtaining the right of permanent residence on behalf of foreign workers in Israel. Work visas can be renewed for a maximum of five years and three months. Thereafter, the foreign employee must depart Israel. However, in certain cases involving an employee of a company which contributes significantly to the Israeli economy the government may consider granting legal permanent residence.
13. Is special consideration for visas or work permits given to persons of certain nationalities?
Generally, no. However, nationals of countries listed by the Israeli government as “Hostile States” are subject to special security clearance procedures that extend the length of the process.
14. What tax issues do foreign temporary workers or their employers need to be aware of?
In general, the foreign worker’s salary is subject to Israeli income tax. However, where the employer has been accorded the status of “Approved Enterprise,” the foreign employee may pay income tax at a rate significantly less than that imposed on Israeli citizens.
15. What local employment law issues do temporary workers or their employers need to be aware of?
The following rights are guaranteed by Israeli law to all workers in Israel, whether Israeli or foreign: minimum wage, travel allowance, annual vacation, holidays, medical insurance, recuperation pay, payment of wages, sick pay, work accidents, maternity payments, severance pay, and proper notice of dismissal. In addition to these rights, the employer must pay the foreign expert twice the prevailing monthly wage in the Israeli labor market at least $50,220 annually. (In this regard, please see the Foreign Workers Rights Handbook – link provided in item #24 below.)
16. What other potential problems should foreign temporary workers or their employers be especially aware of?
The employment of a foreign professional without a valid work permit can subject the employer to significant monetary sanctions. Additionally, the managers of repeat corporate offenders are subject to possible personal criminal liability. An individual found working without a valid work permit is subject to deportation. There is no such thing as "change of status" from a different nonimmigrant category such as B-2 tourist to B-1 worker, or in case of change of employers (even with a new PIBA approval). Employers and employees should carefully coordinate the foreign employee's exit from Israel for visa issuance and subsequent reentry with the B-1 visa.
17. Can immigration lawyers assist with the work permit process?
Yes – and given the strict scrutiny placed by the government of work permits for foreign nationals, it is often advisable to consult with an experienced Israeli immigration law professional.
18. Do multinational employers typically use immigration lawyers to assist with the work permit process?
Yes, especially given that there is no appeal from a denial of a temporary work visa petition.
19. May members of a temporary worker’s household be authorized to work? (e.g., spouse, children, parents, personal servants)
Dependents and spouse of B-1 visa holder are not permitted to work in Israel, unless a separate B-1 process is utilized for that dependent or spouse.
20. How can family members of a citizen obtain the right to permanent residence? (e.g., a foreign-born spouse, parent, or child, etc.)
Generally speaking, foreign-born immediate family members of Israeli citizens may obtain permanent residence via application to the Ministry of the Interior.In most cases work authorization is also granted to foreign spouses. After four years as legal permanent residents, the Ministry of Interior will consider granting citizenship to the foreign spouse, parent or child.
21. Is it possible for foreign-born persons to acquire full citizenship? (If yes, what is the required procedure?)
Full citizenship can be acquired by one of the following:
> the Law of Return vests most persons of Jewish heritage with the right to immigrate to Israel and obtain Israeli citizenship.
> marriage to an Israeli citizen (please see #20)
> birth abroad to an Israeli parent.
22. What is the current law and policy regarding dual nationality?
Israeli law permits dual nationality in most cases.
23. What are the current requirements to qualify for asylum or refugee status?
Application for asylum should be submitted initially to the local office of the U.N. High Commissioner for Refugees. The latter will make a recommendation to the Asylum Committee of the Israel Ministry of Interior as to whether the individual has a well-founded fear of prosecution because of his or her race, religion, nationality, membership in a particular social group, or political opinion.
24. Please provide public contact information for the principal government offices most frequently involved in processing visas and work permits.
The Ministry of Foreign Affairs
9 Yitzhak Rabin Blvd.
Kiryat Ben-Gurion
Jerusalem 91035
Tel: 972-2-5303111, Fax: 972-2-5303367
www.mfa.gov.il
9 Yitzhak Rabin Blvd.
Kiryat Ben-Gurion
Jerusalem 91035
Tel: 972-2-5303111, Fax: 972-2-5303367
www.mfa.gov.il
Useful website with public information about immigration and visa matters:
Foreign Workers Rights Handbook (http://www.piba.gov.il/PublicationAndTender/Publications/Documents/FOREIGN_WORKERS_RIGHTS_HANDBOOK_EN.pdf)
* Liam Schwartz is the principal at Liam Schwartz & Associates, a corporate relocation law firm located in Ramat Gan, Israel. Mr. Schwartz may be reached at Liam@lsa-law.com
Jennifer Schear is a Senior Associate Attorney at Liam Schwartz & Associates. Ms. Schear may be reached at
Jennifer@lsa-law.com.
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