Liam Schwartz & Associates

 

 

Israel is a young country, and its immigration laws are in essence a work in progress. The nation is still seeking the right balance between its desire to promote a homogeneous national home for the Jewish people, while accommodating the needs of a thriving economy which has become part and parcel of the Global Village. One result of this juggling act between competing social and economic interests is a work visa process which is often perceived as restrictive and cumbersome.

 

As it happens, it is an immigration law - The Law of Return[1] – which serves as one of the pillars of Israeli society. This law encourages the unimpeded and almost unconditional immigration of Jews to the country. Conversely, this law significantly restricts the immigration of non-Jews to the country – which serves as one of the pillars of Israeli society. This law encourages the unimpeded and almost unconditional immigration of Jews to the country. Conversely, this law significantly restricts the immigration of non-Jews to the country.[2]

 

Historically, this discouragement of non-Jewish immigration has impacted on the ability of Israeli industry to bring foreign workers into the country. Moreover, Israel suffers from a relatively high rate of unemployment, leading to protectionist claims that foreign workers are taking jobs from qualified Israeli workers.[3]

 

During the years of Israel's high-tech boom, the county's private sector argued for a reduction in the restrictions on the import of foreign labor and, most significantly, on the temporary employment of Foreign Experts. The private sector argued with much persuasion that it is Israel which must adapt itself to the Global economy, and not the opposite.[4] With the onset of the current economic crisis, the perception that more foreign workers means fewer jobs for Israelis has returned to center stage.

 

 

 

Israeli law generally provides for only one type of legal status relating to the employment of foreign nationals: the B-1 visa category (hereinafter: "the B-1 work visa").

 

Israeli work visa procedure is set forth in the internal directives of the Ministry of Interior's  Population Immigration and Border Authority ("PIBA"). These directives define the various sub-categories in which an Israeli employer may sponsor a foreign national for a B-1 work visa. These sub-categories include the following: Foreign Experts; Construction; Agriculture; Nursing Professionals; Industry; Hotel Workers and Ethnic Restaurant Experts.

 

This article will focus primarily upon the options available to Foreign Experts relating to temporary work and residence in Israel.

 

Common examples of those who utilize the B-1 Foreign Experts sub-category include the following:

 

>                    Highly-skilled professionals earning a salary substantially above the Israeli prevailing wage;

>                    Executives or managers of a multinational company;

>                    Senior airline or maritime crew members;

>                    Lecturers or Researchers who will be employed by an institute of higher education in Israel;

>                    Medical residents who will be employed by an Israeli medical center;

>                    Recognized foreign athletes or artists.

 

The eligibility requirements for the B-1 Foreign Experts sub-category were formally promulgated in 2001.[5] In that year, the Israel Employment Service, under pressure from the Israeli and international business communities, published a list of eligibility requirements for Foreign Experts, including: possession of specialized knowledge and skills; salary and other benefits at least double the Israeli prevailing wage; creation by the proposed position of local employment opportunities; technology transfer; high level of education and professionalism; managerial or R&D position. In that year, the Israel Employment Service, under pressure from the Israeli and international business communities, published a list of eligibility requirements for Foreign Experts, including: possession of specialized knowledge and skills; salary and other benefits at least double the Israeli prevailing wage; creation by the proposed position of local employment opportunities; technology transfer; high level of education and professionalism; managerial or R&D position.

 

In addition to the above, the Israeli employer must provide proof that no local employee is ready, willing and able to fill the position being offered to the foreign national.

 

 

The process for obtaining an Israeli work visa is comprised of four separate stages:

 

1.          Sponsoring employer files an "Application for Employment of Foreign Worker" with the PIBA.

 

In the scope of this application, the employer documents the underlying rationale for the request to employ the proposed foreign worker. Depending upon the application sub-category (Foreign Expert, for example), additional information regarding the local job market, salary, professional qualifications, and the like is also submitted.

 

The processing time for this initial application is approximately 45 days. Expedited processing is sometimes available.

 

2.         Sponsoring employer requests consular authorization.

 

Following the initial PIBA approval, the employer files a "Request for Consular Notification" with the local office of the Ministry of Interior ("MOI") having jurisdiction over the proposed place of employment. The nature of this application is a request that the local MOI office notify the appropriate Israeli consulate abroad that it is authorized to issue an entry visa to the proposed foreign employee. The application includes, inter alia, the PIBA approval letter; corporate documentation; and affidavits from the employer and employee.[6] Two types of visa fees must be paid at this time: a company fee of NIS 4,430; and a visa issuance fee of NIS 160. The normal processing time for this second stage is 2-4 weeks. Two types of visa fees must be paid at this time: a company fee of NIS 4,430; and a visa issuance fee of NIS 160. The normal processing time for this second stage is 2-4 weeks.

 

3.         Visa Processing at Israeli Consulate Abroad.

 

Upon approval of the application, the local MOI office electronically sends notification to the relevant Israeli consulate abroad, triggering the start of the third step: issuance of a B-1 entry visa by the Israeli consulate abroad. In the scope of this application process, the proposed employee undergoes a brief interview with the Israeli consul; the consulate also runs security checks with regard to the individual. Certain Israeli consulates, such as those in China, require medical examinations as a condition for visa issuance. Visas are generally issued within a few days.

 

4.         Application at MOI for Multiple-entry Visa Stamp.

 

The consulate normally restricts the B-1 visa for a single entry, valid for one month. Within thirty days of admission to the country, the individual must apply at the local MOI office for a multiple-entry B-1 visa stamp. The multiple entry visa is valid for the duration of PIBA approval (generally 1 year).

 

 

The Foreign Workers Law[7] imposes labor condition obligations on most sponsoring employers, including the following:

 

>                Provision of suitable accommodation for the foreign employee.

>                Payment of salary on continuous monthly basis.

>                Provision of health insurance.

>                Maintenance of public access files at the company's premises which include documentation such as the contract of employment; copy of medical insurance; list of other benefits, etc.

 

In most cases, employers are required to post a maintenance of status bond for each individual foreign worker with the MOI. The amount of this bond is currently set at NIS 4,430 (approximately $1,000).[8]

 

Employment of foreign workers without valid employment authorization subjects the employing company to civil fines, and the company's managers to possible criminal sanctions.[9] A foreign worker found to be working without valid employment authorization is subject to deportation at the expense of the employer.[10] A foreign worker found to be working without valid employment authorization is subject to deportation at the expense of the employer.

 

 

Israeli immigration law does not provide for a specific derivative visa category for accompanying family members. In lieu of such, accompanying family members may apply for B-2 visitor visas. Parenthetically, in practice it is often a challenge for accompanying family members to receive B-2 visas, and those who do succeed are not always issued visas for the full duration of the principal applicant's work visa. The "logic" behind this practice is the belief that foreign workers are less likely to overstay legal status if their family members remain back home.

 

 

Under a recent amendment to the directives governing implementation of The Law of Return, foreign nationals of the Jewish faith have been exempted from the PIBA application stage. As a result, these individuals may now enter Israel as tourists and then submit an application to the MOI for a change of status to B-1 worker. Upon approval, the MOI will issue a B-1 visa valid for up to one year, with the possibility of extending this status for a maximum stay of 27 months.

 

The expressed goal of this process is to encourage Jews living abroad to consider immigrating to Israel, by offering a fast-track process for temporary work and residence in the country. This new process differs radically from the previous legal situation in which foreign nationals – Jewish or otherwise – were subject to the same legal procedures involved in obtaining an Israeli work visa.

 

 

While some baby steps are being taken to create a climate of greater openness to foreign employee mobility, Israeli immigration law is still rather wobbly and bowlegged. For the time being, it is best to commence the process as far in advance as possible, and with a deep reserve of patience for dealing with the high degree of bureaucracy involved in obtaining an Israeli work visa.

 

 

*Liam Schwartz is the Principal at Liam Schwartz & Associates, a corporate relocation law firm located in Ramat Gan, Israel. Mr. Schwartz can be reached at: liam@lsa-law.com

 

Jennifer Schearis a Senior Associate Attorney at Liam Schwartz & Associates. Ms. Schear can be reached at: Jennifer@lsa-law.com

 

 

 

 

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