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IMPACT – HIGH
What is the change? Israel’s Ministry of Interior announced today that employers sponsoring foreign workers for work permits must submit a separate affidavit signed by the company for each employee.
What does the change mean? The change may add significantly to processing time because each affidavit must be legalized by an Israeli lawyer or, if abroad, legalized at an Israeli consulate or notarized and apostilled.
Background: Companies sponsoring foreign employees must submit an affidavit confirming their obligations to the employee and the Israeli state. Up until now, a company could use one original affidavit covering several foreign assignees. The work permit unit is now requiring an original affidavit for each foreign worker.
BAL Analysis: BAL will be contacting affected clients to submit new affidavits for each foreign employee. Additionally, BAL is working to seek concessions for companies that submit a large number of applications and will update clients if such concessions are allowed.
This alert has been provided by the BAL Global Practice group and our network provider located in Israel. For additional information, please contact your BAL attorney.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
IMPACT – MEDIUM
What is the change? A strike by government employees at several ministries is causing delays in visa processing and other immigration-related matters. The strike currently includes employees of the Ministry of Internal Affairs (which includes the Immigration Department), the Ministry of Foreign Affairs and the Ministry of Social Security.
What does the change mean? Although applications continue to be processed, employers and individuals should expect delays when applying for a visa, obtaining a CUIL (social security) number and other procedures.
Background: Government employees began labor stoppages Monday to protest the dismissal of thousands of state workers when new officials took office.
BAL Analysis: Although the strike is expected to end soon, employers should note that government services are affected and delays may continue even after employees resume work.
This alert has been provided by the BAL Global Practice group and our network provider located in Argentina. For additional information, please contact your BAL attorney.
IMPACT – LOW
What is the change? A two-day strike by employees of the Ministry of Interior has ended.
What does the change mean? Visa and immigration processing has resumed as the employees returned to work April 7.
Background: The strike began Tuesday and ended Thursday morning. All work by the ministry’s employees, including immigration processing, stopped for two days.
BAL Analysis: Immigration processing has resumed. Applicants should remember to file time-sensitive applications as soon as possible ahead of an eight-day holiday break beginning April 22.
What is the change? Israeli government offices will close April 22-30 for Passover, suspending visa and work permit processing during the holiday. Israeli consulates may also close or limit their hours.
What does the change mean? Applicants with time-sensitive applications should file them as soon as possible and anticipate delays when offices reopen.
Background: This year Passover begins at sundown on April 21 and will be officially observed until sundown April 30. The holiday commemorates the Jewish exodus from slavery in ancient Egypt. Jews around the world host Seders, serving foods that symbolize their journey and deliverance.
BAL Analysis: Companies and individuals applying for visas and work permits should factor the holiday break into their plans. Those applying abroad should contact the relevant Israeli consulate for individual holiday schedules.
What is the change? Israel has published a raise in the average gross monthly salary for 2016 to 9,334 New Israeli Shekels, which affects the calculation of the gross base salary for foreign employees.
What does the change mean? The gross base monthly salary of foreign experts must be at least double the average gross monthly salary, or 18,668 NIS (compared to 18,246 NIS in 2015).
Background: The changes were published Jan. 11 and are effective from Jan. 1. The new base salary amounts do not affect foreign employees in the Short Employment Authorization (SEA) visa or Short-Term Expedited Process (STEP) categories.
BAL Analysis: Employers should take immediate action to ensure the salaries of all foreign B-1 professionals are in compliance with the new rates.
What is the change? A nationwide general strike was averted when the government and a powerful union agreed to terms on pay raises for public sector employees.
What does the change mean? Israeli ministries, embassies, consulates and airports will remain open to the public.
Background: Workers had been prepared to strike at 6 a.m. Israeli time Wednesday if no agreement was reached. Airlines had already rescheduled some flights. In the end, however, work continued as it normally would Wednesday after an eleventh-hour deal was struck between the Finance Ministry and the Histadrut labor federation. Though some ancillary issues related to the workers’ contract remain to be sorted out, normal operations are expected to continue in the days and weeks ahead.
BAL Analysis: A strike would have caused significant challenges for those seeking immigration services or traveling to or from Israel. The agreement reached between the government and public sector workers is welcome news.
What is the change? The Israeli government has announced significant new regulations for the employment of foreign professionals that take effect immediately.
What does the change mean? The regulations tighten many aspects of the criteria, documentation and procedures for companies sponsoring foreign experts for B-1 visas.
Background: The regulations consolidate the rules regarding B-1 foreign experts under one set of immigration regulations for the first time. The key changes are:
Jobs requiring academic qualifications: Jobs deemed to require academic qualifications will be distinguished from jobs that do not. While the ministry has not defined its criteria, it is expected to apply a common-sense approach based on whether the job traditionally requires an education or not. For instance, inspectors, programmers and engineers normally require academic qualifications and skills, whereas machine and other installation technicians typically do not.
Salary requirements: Companies hiring foreign experts in jobs that do not require academic qualifications have new requirements: They must pay the employee through an Israeli bank account and produce confirmation by an Israeli lawyer that the applicant’s employment contract is in full compliance with Israeli labor law, and upon visa extension they must show proof of the bank transfers and the employee’s exclusive access to the account.
Employers are required to pay all foreign experts double the average salary to foreign experts, regardless of whether the job requires academic qualifications. The Ministry of Interior may also require more than double the average salary in professions where the average salary is higher than double the average salary.
Family members: Foreign experts staying less than three months can no longer bring family dependents to Israel. For those staying longer than three months, foreign experts in positions requiring academic qualifications are allowed to bring family members to Israel as a right, while foreign experts in jobs that do not require academic qualifications may request to bring family members, but the decision is at the discretion of authorities.
Police and medical clearance: Foreign nationals applying for visas at an Israeli consulate must obtain a police clearance issued in the last 12 months and a medical clearance issued in the last three months by a medical facility approved by the consulate. Consulates have the authority to request additional information.
Processing times: Work permit applications will be initially confirmed by authorities within 21 days of submission and may be forwarded to other ministries for review. A decision will be issued after an additional 30 days following review by the other ministries.
Previous travel: The Ministry of Interior will check visa applicants’ entries and exits from Israel, especially in the previous 12 months, to make sure they did not overstay or work before issuance of the visa. Foreign experts intending to work in Israel therefore should limit travel before obtaining their work visa.
Extensions: Work permit extensions must be submitted at least 60 days before expiration of the current visa. Extensions beyond five years and three months must be submitted at least six months before expiration of the current visa and must demonstrate extraordinary circumstances. If the extension application is not filed at least six months in advance, the employee must depart Israel and can re-enter only after the extension is approved. It should be noted that if a foreign expert previously worked for a year in Israel, and five years and three months has elapsed since the first day of work, he or she must also file six months in advance of the proposed start date.
Changes to employment: Significant changes to the foreign employee’s work – including but not limited to changes to salary, job duties or location, early termination, or changes in management structure – must be reported to the Ministry of Interior within seven working days.
Foreign companies: Foreign companies sponsoring a foreign expert must provide a notarized power of attorney certified by an Israeli consulate authorizing a local representative to submit the work permit application on their behalf.
Passport validity: The required validity period of an applicant’s passport has been shortened to one year and three months from the date of application. However, BAL recommends that applicants’ passports be valid for the previously required two years and three months.
BAL Analysis: The regulations bring numerous changes that generally tighten the process and require additional paperwork. Employers should prepare for potentially longer timelines, especially given new police and medical clearances that can take several weeks to obtain, depending on the home country.
What is the change? Israel is bracing for a possible general strike Wednesday, as negotiations between the government and a key public sector union continued late into the night Tuesday.
What does the change mean? A strike would affect government agencies and services across the board. Ministry of Interior offices and airports would be closed. Work permits, visas and other immigration services would be temporarily unavailable. Israeli airspace would be closed to international and local flights until 11 p.m. Wednesday.
Background: The government and Israel’s main public sector union have not been able to reach a deal on pay and working conditions for public employees. If a deal is not reached by Wednesday morning, Israel will see its first nationwide strike in four years.
BAL Analysis: While negotiations are ongoing and a strike may be averted, travelers and foreign nationals should prepare for the possibility that government offices and airports will be closed. Travelers with flights scheduled for Wednesday should check with their airline to see if flights have already been changed. BAL will continue following the news in Israel and alert clients to any significant developments.
What is the change? Israel has introduced an Entrepreneur Visa for businesses that wish to start up in Israel and that will contribute to the country.
What does the change mean? Applications must be approved by the Ministry of Economics before a visa application is submitted. The visa will be valid for up to 27 months and may thereafter be converted to a B-1 Foreign Expert visa sponsored by a qualifying employer.
Background: The Ministry of Interior published regulations for the new visa on Monday. The visa allows entrepreneurs to create or develop their idea or product in Israel, and does not allow work or an employment contract with an Israeli company. The product or idea must be pre-approved by the Office of the Chief Scientist at the Ministry of Economics and must directly or indirectly contribute to the country. If approved, the applicant may apply for an Entrepreneur Visa, which provides the main applicant and family members with multiple entries of one year each and a maximum validity of 27 months. Before the end of the 27 months, the entrepreneur may apply to change his or her status to a B-1 Foreign Expert visa by successfully applying for a work permit through a bona fide sponsoring employer.
BAL Analysis: The new visa is aimed at attracting start-ups to Israel and offers a path to work authorization for qualifying entrepreneurs.
What is the change? Israel has terminated its 30-day Short Employment Authorization program and replaced it with a 45-day SEA on a trial basis.
What does the change mean? The SEA allows foreign nationals from visa-waived countries to work in Israel for up to 45 days in a calendar year. The requirements are similar to the previous SEA, except that now employers must submit a signed affidavit.
Background: Following recent changes to the SEA program, the Ministry of Interior announced Monday that it has published temporary regulations that replace the 30-day permits with 45-day permits. The regulations are valid until the end of July 2016.
BAL Analysis: The 45-day validity period will provide more flexibility. Employers are reminded that SEA permits are available only to foreign nationals who are visa-waived and that a separate application must be submitted before each entry as well as when requesting a change in travel dates.