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IMPACT – HIGH
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.
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? 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.
IMPACT – LOW
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.
What is the change? Israel has resumed issuance of B-1 visa extensions for foreign experts beyond 63 months.
What does the change mean? Although authorities have not yet issued an official statement, they have apparently resolved issues that put the extensions on hold last month.
Background: Israeli law allows employers to sponsor foreign experts on B-1 visas for up to 63 months. The visas may be extended in exceptional cases. In September, the Ministry of Interior halted the extensions while it reviewed regulations.
BAL Analysis: Employers may resume applications for B-1 extensions. BAL will continue to update clients on any changes to Israel’s policy on the extensions.
What is the change? Israel has halted acceptance of applications to extend B-1 visas for foreign experts beyond their 63-month validity period.
What does the change mean? Israeli officials have put a halt to B-1 visa extensions while they evaluate the legality of the current program and ponder possible new regulations.
Background: Israeli law allows employers to sponsor foreign experts on B-1 visas for a maximum of 63 months. Prior to the recent change, that time period could be extended in exceptional cases. Last week, however, the Ministry of Finance and the Ministry of Economy directed the Ministry of Interior to halt issuance of extensions pending further legal examination. The legality of the extension process is being reviewed and new regulations may be issued.
BAL Analysis: BAL will continue to follow this situation and will alert clients if new regulations are issued that permit foreign experts to work in Israel beyond the 63-month period.
What is the change? The High Holy Days of Rosh Hashanah and Yom Kippur, followed by Sukkot, will close offices in Israel and some consulates abroad.
What does the change mean? Applicants should expect delays during September and early October.
Background: Rosh Hashanah, or New Year’s Day, will be observed as a two-day celebration Sept. 14-15. Yom Kippur, or the Day of Atonement, begins at sundown Sept. 22 and is observed through fasting, prayer and solemn contemplation until it concludes at sundown the next day. The harvest festival of Sukkot, or the Feast of the Tabernacles, will be observed Sept. 28-Oct. 4. Structures made of vegetation are traditionally built during the holiday to commemorate the Jewish exodus from Egypt and 40 years spent in the desert living in huts.
BAL Analysis: Employers should submit applications before the holidays where possible. Overseas applicants should contact the relevant Israeli consulate for individual holiday schedules.
What is the change? Foreign students are now allowed to work in Israel under certain conditions, according to an amendment to regulations.
What does the change mean? Foreign master’s program students are allowed to work in certain teaching assistant and tutoring jobs at their academic institution, and foreign students of Jewish heritage are allowed to work part-time for any employer.
Background: According to an amendment to Regulation 1974, certain foreign nationals holding A-2 student visas may work under certain circumstances.
Foreign nationals pursuing a master’s degree or higher may work as salaried teaching assistants or tutors at the academic institution where they are studying. Foreign nationals of Jewish heritage under the Israeli Law of Return may work part-time for any employer as long as the work does not interfere with their studies.
BAL Analysis: The change provides more flexibility for foreign students as well as corporate and academic employers.
What is the change? Israeli workers in the Ministry of Interior’s Population, Immigration and Border Authority have ended a strike that temporarily left immigration-related operations suspended.
What does the change mean? Workers who were on strike returned to work, but applicants in need of visas, passports, or other immigration services should prepare for the possibility of delays due to a demand for services that likely built up during the strike.
Background: Population, Immigration and Border Authority workers went on strike Sunday, demanding more staff to handle the workload they were facing. The strike ended Tuesday, with authorities agreeing to increase staffing levels. It was not immediately clear how many new jobs will be added.
BAL Analysis: The end of the strike is welcome news to foreign nationals in need of immigration services. Even though immigration offices have reopened, foreign nationals should expect delays as there will likely be a high demand for services following more than two days of work stoppage.
What is the change? Israel’s Ministry of Interior has issued rules clarifying portions of the Short Employment Authorization program.
What does the change mean? Those applying for the 30-day SEA permits will no longer be required to present a valid airplane ticket as part of the application process. The ministry has also clarified that any request to change the dates on a work permit will require a new application, including payment of the 1,200-shekel (about US$315) application fee.
Background: Israel launched the SEA program in January after the program was temporarily halted in December. The program allows foreign nationals from visa-waived countries to work in Israel for up to 30 days in a 12-month period. A new application is required for each entry.
BAL Analysis: While the waiver of the airline ticket requirement eases the application documentation requirements, the ministry also clarified that any change-of-date request requires a new application. To avoid having to file a subsequent application, applicants should be as precise as possible when listing dates on applications.