Work Permits for Foreign Experts – High Tech

Work Permits for Foreign Experts – High Tech

In light of the existing shortage of skilled manpower in the high-tech sector in Israel, and given the importance of cyber and high-tech industries to the Israeli economy, several beneficial arrangements have been established to ease the bureaucratic process for employing foreign experts and issuing work permits through a particularly expedited track. The procedure for handling applications by high-tech and cyber companies for foreign experts (Procedure No. 5.3.0043) enables a high-tech company, which has been recognized by the Israel Innovation Authority as a technologically advanced knowledge-intensive corporation, to employ a foreign expert and obtain a work permit for them within a few working days.

The threshold condition for the applicability of the procedure is that the employer be recognized as a technologically advanced knowledge-intensive corporation (a high-tech company) by the Israel Innovation Authority, in accordance with the provisions set forth in the “Procedure for Recognition of a Corporation as a Technologically Advanced Knowledge-Intensive Corporation for the Purpose of Bringing a Foreign Expert in High-Tech.”

A company will be recognized as a technologically advanced knowledge-intensive corporation if it meets one of the following criteria:

1. Receipt of an R&D grant or tax incentive approval from the Innovation Authority within the three years preceding the submission of the application (or approval as a “company performing R&D for an international company” within the five years preceding the application).
2. Classification of the company under one of the high-tech sectors in the Central Bureau of Statistics business registry.
3. The applicant’s R&D expenses, according to accepted accounting standards, exceeded 7% of its sales turnover in the calendar year preceding the application, or at least 15% of its employees are engaged in research and development.

This procedure allows for the issuance of work permits and visas under several different tracks for companies recognized as high-tech companies:

Important note: Employees arriving for a period of up to 90 days will be processed under a separate procedure – the short-term fast-track procedure for up to 90 days (Procedure No. 5.3.0040), and not under the high-tech procedure.

Work permit for a foreign expert (over 90 days)
An employer recognized as a high-tech company may submit an application to employ a foreign expert for a period exceeding 90 days in the field of research and development, or to employ a foreign expert with unique expertise that supports business activity related to a product or service developed by the company. This is a particularly expedited track, under which applications are processed on a fast-track basis (typically within a few working days following approval by the Innovation Authority).

• The permit is granted subject to a commitment to pay “expert wages” (at least twice the average wage in the economy).
• The permit issued will be valid for a period of up to 12 months and may be extended.
• The track includes a consular process at an Israeli consulate abroad (where applicable).

Spouses of a high-tech expert
Foreign experts employed under this procedure may arrange a B/1 visa for their spouses.
The spouse visa is a general B/1 visa that allows employment with any employer in Israel without the need for a separate work permit and without the requirement to pay expert wages.

Employment of a foreign academic graduate
A high-tech company may submit an application to employ a foreign national who has completed a full academic degree in Israel in one of the high-tech fields, provided that no more than three years have passed since the completion of the degree.
Under this track:

• There is no requirement to pay expert wages.
• During the first six months, at least minimum wage must be paid.
• From the seventh month onward, a salary of at least 150% of the average wage in the economy must be paid.
  The permit may be granted for up to three years from the date of completion of the degree.

Employment of a foreign student
A high-tech company may employ a foreign student studying toward an academic degree in high-tech fields in Israel:

• Employment is permitted on a part-time basis only.
• There is no requirement to pay expert wages.
• Salary and employment conditions must comply with Israeli labor laws.
• The permit is valid until the completion of studies (or up to three years, whichever is earlier).

Quota
There is an overall quota of up to 500 permits for the employment of academic graduates and students combined, subject to the order of submission of applications.

The steps in the procedure for obtaining a foreign expert work permit and visa:

Step 1: Submitting an application for a work permit in the Population, Immigration and Border Crossing Authority’s Work Permits Unit in Jerusalem.

Step 2: Submitting an application for a B / 1 work visa and entry visa to Israel at the Ministry of the Interior, and sending the authorization to the Israeli consulate abroad.

Step 3: Issuing a work permit at the Israeli consulate of the foreign expert’s country of origin (usually, a B/1 work permit is for one month only).

Step 4: Extending the work permit’s validity to the desired duration upon the foreign expert’s arrival in Israel’s airport, and applying for a multi-entry visa at the Ministry of Interior. 

The steps above relate to the standard and orderly procedure- however, depending on different circumstances and evolving policies, the steps in the process may be shortened or lengthened, and at each stage a requirement for additional documents, reports and relevant information for the Authority may be received. In addition, most of the procedures involve the payment of government fees.

Annually, it is possible to extend the employment period by an additional year up to a maximum cumulative total of 63 months.

Please note:

Working in Israel without a valid work visa is a legal violation which may result in severe penalties, including: substantial fines (more than 5,000 NIS per business day), the arrest and deportation of the foreign expert (which may result in the possible impairment of the foreign expert’s ability to be employed in other countries), and even criminal proceedings against company executives in Israel and abroad.

Referring to a law firm that specializes in Israeli commercial immigration law (and specifically in the immigration of foreign experts) will allow one to determine if the Israeli company can be classified as a high-tech corporation and take advantage of this expedited procedure, and will significantly increase the chances of obtaining desired results.

Are you interested in employing foreign experts in Israel? Contact us today, and we will be happy to assist you in obtaining the necessary permits and visas!