Shemer – Halevi Shamir & co. Law and Business
Foreign Workers
Residence Permits:

There are different types of residence permits for foreigners who wish to live in Israel, which are regulated by the Entry into Israel Regulations, 1974.

A foreign worker should not be employed in Israel without the appropriate professional visa. Each company or corporation (by its functionaries) has the legal duty to ensure that the expert foreign worker in his field operates in accordance with the permit issued to him.

Visa issuance involves a number of bureaucratic processes. It is important to note that a mistake in the bureaucratic process can result in the visa application being revoked. Therefore, when you seek a professional visa for a foreign worker, you should contact the professionals who will handle the issue, expedite the process and make all the proper moves necessary due to the sensitive nature of the subject, in order to obtain the required professional visa.

Our legal team is a leader in the field of foreign workers law. Our office specializes in legal assistance and counseling from the early stages of the procedure, from receipt and extension of all residence and work visas for the foreign workers of the different types listed below.

Summary – Law Services:

Submitting permit applications and work permits for foreign experts;
Submitting visas for business visitors;
Submitting extension applications and visas to experts who are already in Israel;
Corporate counseling and guidance at all stages of bringing foreign workers and experts to Israel;
Assisting in the process of obtaining temporary, citizenship or permanent residency permits for married or well-known spouses / partners of Israelis;
Assistance with receive working visas and tourism visas under the Return Law;
Assistance with immigration and temporary and permanent residency under the Law of Return;
Representation in cases where entry into Israel was refused or detention on entry into Israel;
Representing employers in criminal proceedings for unlawful transactions;
Representation on issues related to population registry;
Representation in appeals, hearings and petitions in the appropriate courts.
Professional information:

The residency visas in Israel consist of two groups:

“Visiting” Tourist Visas – marked “B”:

B/1 – Work Visa: A time-limited visa, which is granted to foreign workers (who are not eligible under The Law of Return) and gives them the opportunity to work in Israel. A B/1 Visa is given to employers according to quotas set by the government and under the required conditions.

Application for a work permit: The initial application is submitted online on the website for the Immigration and Population Authority at the Permits Unit of the Director of Service for Employers and Foreign Employees before the entry of a foreign worker into Israel. In the submission status of the request, the company is required to elaborate about its needs for this specific employee and provide details about his professionalism and ​​expertise. This is done by attaching documents that support the application’s approval.

Once the company provides all of the above required information, it will receive a certificate that will be sent to the Permit Unit in order to issue a ‘one year’ work visa (type B/1). The visa is usually given for a full year, and can be extended up to a cumulative period of five years. Please note that in case of termination, the visa can be extended for more than five years.

After receiving approval from the Ministry of the Interior, the consulate in the employee’s country of origin issues the work visa, with all the required documents. Please note that if there isn’t an Israeli representative at the foreign worker’s place of residence, the employer will not be able to apply.

Once the permit is granted, the expert worker will be able to enter Israel. As soon as he enters, he will receive a Tourist Visa (type B/2), which must be exchanged at the Ministry of the Interior for a Type B/1 work permit that allows an employee to work in Israel.

But it is important to note that it’s not possible to arrive in Israel with a tourist visa and only then, upon arrival in Israel, apply for a work permit for the first time.

In the submission status of the request at the Ministry of the Interior, multiple entry and exit from Israel visas must be requested so that the employee can leave and enter Israel without revoking the work visa.

It should be noted that if a work visa has been granted to work in a particular industry, it cannot be used for a different occupation than the one specified in the work permit. Moreover, after the visa expires, the employee must leave the country immediately.

B/2 – Tourist visa: This visa is for the purpose of visiting Israel such as: tourism, business meetings, study in Hebrew studio, etc. It is given to most tourists entering Israel and usually limited to three months. This visa is renewable for a cumulative period and under certain conditions (exceptional situations of marital status / medical reasons / legal proceedings, etc.). But those who eligible for this visa are not allowed to work in Israel.

There are tourists from certain countries who can come to the border crossing in Israel and get the tourist visa immediately as they enter Israel. Unlike them, there are tourists from other countries who must apply for a tourist visa in advance at the Israeli embassy in their country of origin. (The states whose citizens are exempted from applying for a visa before arriving in Israel are included in The List of Entry Orders to Israel [Exemption from Visa], 1974).

It should be noted that in some cases, the border control officer has the authority to prevent entry to Israel from citizens of the exempt countries as well. Therefore, if there is any doubt about the possibility of refusal of entry, it is advisable to consult a lawyer before booking the flight in order to avoid an unpleasant situation where the foreign traveler is imprisoned as soon as he arrives in Israel and deported back to his country.

B/3 – “Incoming Doubtful” visa: This visa is a license to visit for a person whose status regarding entry to Israel is complex and unclear and needs to enter to country to sort out the issue in person. For example, people who intend to immigrate to Israel, but their personal situation is not clear enough, or people who wish to have temporary status in Israel for marriage and more. This visa is usually limited to a period that doesn’t exceed one month.

In addition, the person who receives this type of visa must apply to the Bureau of Immigration and Population before the end of his approval period to ascertain his status.

B/4 – “Volunteer” visa: This visa is given to applicants to volunteer in Israel (as opposed to paid work, which is not permitted under this visa). An organization in Israel may apply for a foreign resident who wishes to volunteer with it.

B/5 – “Investor” visa: This visa allows people who wish to invest money in the country to come to Israel and stay for a while. By virtue of having this visa, the holder’s children and spouse are permitted to stay as well (The visa that his child or spouse receives is a Type B/52 visa).

Our legal team specializes in issuing professional visas to foreign experts and senior executives who are planning to work and live in Israel. This is in a variety of fields such as technology, industrial, medicine, construction, agriculture, nursing and the service industry.

The best experts in our office assist with the process and take care to do it in a neat, simple and quick way, which will increase the chances of obtaining a professional visa as soon as possible, saving money and unnecessary hassle. We will be happy to assist in all stages of the process.

“Temporary” temporary residence permit – marked with the letter “A”:

These visas give the people who receive them the right to stay in the country for longer periods of time. These are visas that are usually granted to people who wish to emigrate, and are in the process of arranging their status or checking their status or citizenship process.

A/1 – Awarded to anyone eligible to immigrate to Israel by virtue of the Law of Return, 1950. This is actually a visa granted to the immigrant and allows him to stay in the country for a certain period in order to be until the formal immigration is accomplished. Also, this visa is awarded to people who are eligible to immigrate to Israel, but still want to settle their affairs in their country before making a formal immigration. Those who receive this type of visa can work in Israel as well as receive social services. (The same status will also be given to family members, including women and children).

Holders of this type of visa may work in Israel and receive full rights from the National Insurance Institute as an Israeli resident and after few waiting days, register with the Population Director for a temporary ID. This visa does not require recruitment to the Security Service. (To find out how long waiting times can be, see the National Resident Guide for Social Security – attach a link).

The visa is usually granted for up to three years and can be extended for a cumulative period of up to five years.

A/2 – This visa is granted to those who wish to come to Israel to study (at a recognized institution in Israel) in primary and secondary schools, academic institutions, a religious “Yeshiva” and youth institutions of the Jewish Agency.

Holders of this type of visa are not allowed to work in Israel, but by the Law of Return are entitled to work part-time under certain conditions under this visa. The holders of this visa are entitled to receive full rights from the National Insurance Institute after the waiting period. (To find out how long waiting period can be, see the National Resident Guide for Social Security – attach a link).

The visa is usually granted for up to three years (unlimited entry and exit from the country) and can be extended for an additional period depending on circumstances.

A/3 – This visa is granted to the following clerics take part in a religious institution in Israel at the invitation of the recognized institution in Israel (with no religious differences). After obtaining the visa and upon completion of his position at the institution, the holder will be responsible for leaving Israel. (A cleric who comes to Israel just for a visit will receive a regular B/2 visa).

A cleric who is applying from his country cannot come to Israel and then change the status of tourist (B/2) to A/3 visa. It should be noted that the commissioning institution has a duty of attendance to the Immigration Bureau when submitting the relevant forms. The answer will be received by the Israeli representative in the cleric’s country of origin.

A/4 – In accordance with A/2 and A/3 visas, this visa is granted to first-degree relatives (spouse or minor child) of students who have a visa (A/2) or clergy (A/3) to come to Israel for a visit.

A/4 visa holders are not allowed to work in Israel. Those entitled by the Law of Return will be given permission to work in Israel, subject to special approval from the Interior Ministry.

A/5 – This visa is a general permit for temporary residence, which is usually also given to foreigners[1] who are in the process of obtaining citizenship or permanent residency in Israel, mainly due to marriage to an Israeli citizen, or for humanitarian reasons. Recipients of this type of visa may receive a temporary ID.

This type of visa gives the holder the right to work in Israel and receive the full rights from the National Insurance Institute as any Israeli resident (after a waiting period).

In addition, it does not require recruitment to the Security Service and even provides customs benefits. Moreover, these types of visa holders are not eligible to participate in the Knesset elections, but can participate in elections in the local authority where they are registered residents.

The visa is usually given for three years and can be extended for up to two years at any time indefinitely.

Note: A person who stays in Israel with a temporary residence permit (described above) (except: A/1, A/2, A/5) who wants to go abroad and then return to Israel must obtain a re-entry permit from the Interior Ministry (“Inter Visa”). In the absence of a re-entry visa, his visa expires as soon as he leaves Israel.

Our legal team has many contacts with all the authorities and institutions that are responsible for the treatment of new immigrants and immigrants, such as: The Ministry of the Interior, Ministry of Aliyah and Immigrant Absorption, the National Insurance Institute, the Tax Authority and more. We will be happy to assist in all stages of the bureaucratic process from start to finish.

[1] Who are not entitled to the Law of Return.

Ongoing consulting for Manpower Company, employing Israeli and foreign workers –

Following the outbreak of the Intifada and the cessation of Palestinian workers in the country, the Interior Ministry began to grant work and residence visas to foreign workers from other countries to serve as a workforce for certain jobs (where the workforce is less available and accessible due to its attractiveness and wages). The State of Israel has given the mandate to coordinate the workers and adapt them to the work with Manpower Companies. In order for these companies to manage the employees and obtain the necessary permits for them, these companies are required to know all the procedures and certification process completely.

Our legal team have extensive experience in the field. We offer personnel companies that employ both foreign workers and Israeli workers full support of the work visa (B/1) processes for employees (and extension if it necessary), professional consulting services, contract writing, legal representation and more.

Foreign Experts –
Professional information:

The government of Israel permits the employment of foreign workers with unique expertise not found in the labor market in Israel.

Definition of a foreign expert:

As defined in the procedure for handling applications for granting employment permits and residence permits, as well as work to foreign experts–

“Specialized foreign worker”(hereinafter: “expert”): “Is a foreign worker with unique expertise that is not available in Israel and the government authority has decided to permit his employment, at his sole discretion and under the conditions of international obligations of the State of Israel, in accordance with the law in Israel, the relevant government decisions, and the labor market characteristics in the various industries and employment areas.”

When you want to hire a foreign expert, there are two main steps to take before the foreign expert arrives in Israel: First, obtain a special employment permit from the permit unit in the PA. The second is the issuance of a “B/1 Expert” seat and working visa, specifying the approved profession for employment (as described above in the previous subsection).

The expert must enter one of the government-approved categories listed below, otherwise he will not be given a work permit. Please note that employing a foreign expert without an appropriate permit is contrary to the law and may result in the imposition of penalties and criminal sanctions against the employer and the employee.

Professional Information–

A foreign national with a B/1 expert license may only work in Israel with the same employer who applied for his employment, which is followed by the license and only in the type of work for which the license was granted.

The foreign expert must comply with the laws of the State of Israel. Violation of state laws can result in the revocation of the license (after a hearing).

In addition, the foreign expert must leave Israel upon expiry of his residence permit and work permit or within 30 days of ceasing his employment. And, he is required to enter and leave Israel only through Ben-Gurion Airport. (A foreign expert who comes to Israel for temporary work must leave the country at the end of the license period granted to him).

The maximum length of stay in the country for a foreign expert is 63 months. A residence permit will not be extended beyond this period.

Foreign Expert Work Permit Categories–

Foreign expert in specific field:

Manager, Senior Representative or Confidential Employee in a Foreign Company or International Company – A permit that refers to the most senior employees of the organization, works on the organization’s objectives, has extensive powers, and has supervisory and controlling capabilities to hire/fire employees. Today, a foreign/ international company can employ up to two foreign workers of this type.
Senior staff member of an airline or a foreign shipping company in accordance with the international commitment of the State of Israel.
Lecturer or researcher at an institution of higher education. “Institution” is defined as: recognized under section 9 of the Council for Higher Education Law, 1961. An institution that has received a permit or certificate under section 21A of said law, or an institution whose degree has been recognized under section 28a.
3.1 Investigator employed under the EU Framework Program to which the State of Israel has joined, in accordance with Article 9 of Government Decision 2292 of 15 January 2017.

A continuing education program medical worker or hospital specialist.
Diamond dealer.
A foreign photographer or a foreign correspondent.
A foreign artist.
A foreign graduate in high-tech professions.
A foreign expert who arrives in Israel for a short period, up to 90 days, to perform a temporary or transient task.
Foreign experts who arrive in Israel for a cumulative 45-day period in a calendar year (for which there is an expedited permit procedure).
Foreign expert earning “Expert Wages” – The broadest category for employing foreign workers in Israel in general areas that aren’t included in categories 1-10 above. Foreign workers in this category are characterized as having a high level of expertise and essential and unique knowledge that doesn’t exist with workers in Israel. A prerequisite for employing a foreign expert under this category is that his salary
must be renewed annually. An expert chef (which will be listed below) falls under this category.

Approval Stages–

As mentioned above, the first step in employing a foreign expert is to obtain a permit for employment. The organization that wants to employ the foreign specialist must submit the application, including all documents attached, to the permit division at the Employers and Foreign Workers Services Administration.

The application must specify the company’s special needs which require employing the foreign expert in the country. This is accompanied by a reasoned letter, resume, references that indicate the employee’s expertise, affidavits, support from government agencies (if any) and any other documentation and description supporting the employer’s request and specialist expertise. In addition, the administration will sometimes require different legal and accounting certifications in accordance with the different application circumstances and the payment of the different fees required.

Second Step–

After receiving the application in the permit section, its compliance with the conditions and requirements is checked. If it’s necessary, the employer requests to complete missing documents or fix errors within 21 working days from the day of receipt of the application. If there is a change in the application, the employer must notify the relevant immigration authority in writing within seven days of the change.

Once the missing documents have been completed by the due date, the application for the commissioner’s decision will be made. As a rule, the decision will be made within 30 working days of the completion of the documents. In case there is a need for a recommendation or the request from the Advisory Committee for additional documents, the decision will be made within 30 working days of receiving the additional opinion or documents.

Any application by a foreign or international company for permission to employ a foreign expert in Israel will be submitted for the opinion of the Director of Foreign Trade at the Ministry of Economy. The decision will be requested and made by the authority within 21 working days of the date of receipt of the opinion.

If the application is approved, the permit division will issue a permit to employ the foreign expert, the validity of which will be subject to the conditions of the Population and Storage Authority procedures. Subject to the conditions specified in the permit and application and/or an accompanying document with the employer’s permit, the relevant authority’s office, as specified in the permit, will be contacted to apply for a residence permit and work for the foreign expert requested.

The maximum validity of a permit that is first approved will be two years for a foreign expert in a specific field (sections 1-9 above) and a year for a foreign expert in a field that does not require a higher academic education, with a commitment to pay expert salaries.

An extension of the permit may be granted, but no longer than a cumulative period of up to 63 months of work by the foreign expert in Israel with a work permit B/1.

If the decision is made to refuse the permit application, a reasoned decision will be sent to the applicant employer or his/her attorney.

The Authority may revoke the license and/or permit granted to the expert and the employer subject to a hearing in the event of non-compliance with the procedures or non-disclosure of full and comprehensive information and/or a recommendation from a public authority to revoke the license and/or permit, all in addition to any other sanction according to law.

Permit to hire a foreign expert earning “Expert Wages”:

A foreign expert that doesn’t fall into the categories in Sections 1-9 above can be employed, if they are a foreign expert who has been proven to have a high level of expertise or essential and unique knowledge for the service provided by the employer.

Accordingly, the employer must pay the same foreign expert a basic monthly salary equal to/or more than twice the average salary in the are the employee will be working. Note: If this is an industry where regular wages are higher than average wages in the area, the party examining the application may stipulate paying higher wages than twice the average wages in the area.

Calculating twice the average salary in the area of the employee post: The calculation of wages in each calendar year will be based on the average salary per employee published in January of that year by the National Insurance Institute.

For more information about a foreign expert earning “expert wages,” see “The Procedure for Handling Application Permits and Residency License and Work for Foreign Experts” [1]. (“Procedure for Handling Permit Applications”).

Foreign expert in Chef Position:

The employment of a foreign expert in a chef position includes a number of unique provisions, in addition to instructions regarding a foreign expert earning “expert salary” and employed in professions that do not require a higher academic education.

A permit for hiring a foreign chef with expert salaries (as above) will only be given to restaurants proving to be restaurants serving food of a pure, Asian ethnic menu. An Asian Ethnic Restaurant is defined as a restaurant that serves dishes on the ethnic menu of countries such as China, Japan, India and Thailand.

The applicant will be asked to declare this in advance in his request and to provide up-to-date menus for the restaurant. A decision will be given only after an authority control team comes to the restaurant to research the type of restaurant.

Please note that if an expert chef is hired for an Asian restaurant, and then there is a change in the type of food served at the restaurant so that the restaurant no longer serves food that is pure Asian ethnic menu, the permit expires immediately and the restaurant must immediately stop employing foreign chefs. (Note: Serving a small number of non-Asian ethnic dishes will not detract from being an Asian ethnic restaurant).

It should be noted that a foreign expert chef will only be employed as a restaurant chef at the address stated in the permit and will not be employed in any other position in the restaurant or in any other restaurant.

However, the permit holder may transfer the foreign chef he has obtained a permit for to work as a chef in other Asian restaurants he owns, provided that they also have a valid permit to employ foreign chefs/foreign experts. This is the case even if the number of foreign chefs determined by all other permits is exceeded, provided that the foreign chef has a valid work permit, and only after obtaining written permission from the mobile permit manager.

In addition, a foreign expert in the role of a chef can stay in Israel for up to 90 days to look for a job with an exchange employer who applies for a permit to work, and if he is not legally approved, he will have to leave Israel within those 90 days.

When a foreign expert earning “expert salary” stops work:

If the work of the foreign expert is discontinued before the end of the permit, the employee must leave Israel. If the employee stays in Israel for any reason, the employer must report the termination of his employment and the reason for this in writing to the Bureau of the Population Authority within seven days of the termination of employment.

The employer may not employ another foreign expert in place of the expert whose employment was terminated for three years from the date of written notice of termination of employment, unless the employer proves that special circumstances existed. In order to prove a special circumstance, the employer must attach a request for deposit of the expert’s wages to a bank account in the name of the foreign expert who has completed his job.

Third Step–

Session and work permit for a foreign expert:

After obtaining a foreign expert’s permit, the employer must arrange for the issuing of a B/1 work visa and/or work permit for any foreign expert he wishes to bring to Israel, before the foreign expert arrives in Israel. The application will be submitted to one of the Population Authority’s offices, in accordance with the letter in the employment permit granted to the employer.

Step Four–

After applying for a B/1 working visa and/or work permit, the Population Authority will send the Consulate to issue a one-time entry visa. The foreign expert must physically report to the consulate for the issue of the visa. The one-time visa is accepted for a period of one month. For details about the documents required to apply, see “Procedure for Handling Permit Applications.”

Step Five–

When a foreign specialist arrives at Ben-Gurion Airport, the border controller will direct the expert and accompanying (if any) to the designated area for arranging the license.

The Authority employee will, in the arranging the license, check the details of the approved specialist and the validity of the license and ensure that there is no reason to not grant the license. Find an authority employee that fulfills all conditions, will issue a license sticker to the specialist and their attendants according to the updated license validity and update it in the system.

Bringing relatives:

A foreign expert may bring first-degree relatives.

Exceptions to the rule:

A foreign expert who states that he will engage in a profession that does not require a higher education.
A foreign expert that the employer has committed to pay double the average wage in the area or higher.
Foreign expert is in Israel for temporary work of up to 90 days.
Foreign labor law applies to all labor laws in Israel.

In addition to employing foreign experts:

Take care of Social Security for the foreign experts.
Provide the foreign experts with adequate accommodation.
Sign the foreign experts into an orderly work agreement.
In conclusion, this process involves a great deal of resources and proper conduct with the authorities. Our firm, Shemer-Halevi, Shamir & Co. has a lot of experience and success in the field. We will be happy to assist you at all stages of the process.

[1]https://www.gov.il/he/Departments/Guides/employment_of_foreign_experts_2016?fbclid=IwAR2qJPgEnDJ7JdLfvAOtxTS8Hl2jic3pzJ31T6GSyf6Pg-4u_L-VgHBmDQo&chapterIndex=2