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IMPACT – MEDIUM
What is the change? Israeli government offices will be closed for extended periods in the coming weeks as the country observes Rosh Hashanah, Yom Kippur and Sukkoth.
What does the change mean? Applicants should expect delays in late September and October.
Analysis and Comments: Employers should anticipate delays and submit applications before the holidays if possible. Israeli consular posts abroad will also suspend operations or operate on significantly reduced schedules. Overseas applicants should contact their relevant Israeli Consulate for specific holiday schedules.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services.
This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.
What is the change? A 22-day strike that temporarily suspended visa services at Israeli consular posts in China, India and Turkey has ended.
Analysis & Comments: While normal visa services have resumed at Israeli consular posts in China, India and Turkey, processing delays should be expected. Those with urgent visa needs in these countries should contact their immigration provider to determine their best course of action.
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services.
What is the change? Israel’s Ministry of Interior has published regulations outlining eligibility requirements and application processes for U.S. nationals seeking B-5 Investor or related visas.
What does the change mean? The regulations will allow investors, senior managers and essential employees to apply for visas to manage investment enterprises in Israel. Visas will also be available to dependent spouses and minor children. Investments must be substantial, must benefit the Israeli economy and must support Israeli jobs growth. Applications will be accepted at any of four Israeli consulates in the U.S.
Additional information: The U.S. and Israel implemented an agreement May 1 to provide investor visas to nationals of each other’s countries. Israel’s Ministry of Interior recently published details about eligibility requirements and the application process.
Petitioners must meet both investment/enterprise and personal eligibility requirements to qualify for the visas. The investment in question must be made by a U.S. investor or a corporation that is at least 50% owned by a U.S. national or a group of U.S. nationals. The investor must be actively investing a substantial amount of capital in a new or existing for-profit Israeli enterprise, and the investment must be expected to contribute to the Israeli economy and provide employment for Israeli nationals. The petitioner must be a U.S. citizen and must be a senior manager or essential employee who will stay in Israel to help direct the enterprise.
The regulation creates the following visa categories: B-5 investor visas, B-51 visas for senior managers or essential skills employees, B-52 visas for dependent spouses and B-53 visas for dependent minor children (under 21 years old).
Applications must include supporting documentation and evidence on the investment, including, in most cases, detailed business plans and the role the visa applicant will play in the investment. Additional documents may be requested after the initial submission. In-person interviews will be conducted at the consulate where the application is submitted. The application will then be sent to the Ministry of Interior in Israel and will be reviewed by The Industrial Cooperation Authority, at the Ministry of Economy and Industry and the Ministry of Finance. An inter-ministerial committee will make a recommendation to the Ministry of Interior, which will make the final decision. Initial visas will be valid for two years, extendable by one-year increments in Israel.
Analysis & Comments: The reciprocal visa program is designed to encourage trade and investment between the U.S. and Israel. The new B-5 Investor Visas provide a new path for U.S. investors, managers or essential employees looking to relocate to Israel.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.
What is the reminder? Several upcoming holidays will cause delays in visa and work permit processing. Government offices will be closed March 21 for Purim, April 9 for Election Day, April 19-27 for Passover, May 8 and 9 for Memorial Day and Independence Day, and June 9 and 10 for Shavuot.
Analysis & Comments: Israeli employers and foreign employees should plan ahead for the holiday breaks and suspension of services. Backlogs may develop during this period, resulting in longer processing times following the holidays. Applicants should be aware that Israeli embassies and consulates may observe full or partial holiday periods and should contact their local Israeli mission for individual holiday schedules.
Copyright © 2019 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
What is the change? Israel has clarified how the validity periods of the 45-day and 90-day work visas are calculated.
What does the change mean? For the 45-day work visa, all visits to Israel made during the same calendar year (including non-business visits) will be counted against the 45-day limit. Those who do not want visits to count against the 45-day calculation should request that they be treated as non-work-related when they apply for their visa. For the 90-day work visa, the validity period begins to run from the date of the work permit approval, not from the date of arrival in Israel.
Background: The 45-day work visas are commonly used for short-term assignments but are limited to 45 days per calendar year. The 90-day work visas are available to visa-waivered nationals only.
Analysis & Comments: Companies should factor in the calculations when assigning foreign nationals to Israel on short assignments, as the resulting validity periods may be shorter than the full 45 or 90 days.
What is the change? The Ministry of Interior has clarified that foreign companies, including branch offices of foreign companies in Israel, cannot qualify for Hi-Tech, or HIT, visas for their employees.
What does the change mean? Only Israeli-registered high tech companies can apply for and obtain HIT visas. Companies that are incorporated abroad cannot apply for HIT visas. HIT visas are generally processed within six days and are available to visa-waived nationals working for an eligible company.
Background: Earlier this year, Israel began issuing HIT visas, aiming to provide new immigration incentives for high-tech companies bringing foreign experts to Israel. The visas are valid for one year and extendable for an additional five years and three months. In February, the government announced criteria it applies to determine if a company qualifies for HIT visas. The ministry released guidelines last week that make it clear that only Israeli-registered companies can apply for HIT visas for their employees.
BAL Analysis: The clarification places an additional limit on who can apply for HIT visas for their employees. Companies that are not sure if they qualify can request a pre-ruling from the Israeli authorities. BAL and its network provider in Israel can assist in this process.
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 © 2018 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.
What is the change? Israeli consulate employees went on strike Thursday, suspending operations at consular posts around the world.
What does the change mean? No services will be provided during the strike, the duration of which is unknown at this point. This change will likely delay immigration processing, especially given that the workers went on strike shortly before holiday closures in September for Rosh Hashanah, Yom Kippur and Sukkoth.
BAL Analysis: Processing delays should be expected as a result of the work stoppage and the upcoming holidays. BAL will continue following the strike and will provide updates as more information becomes available about how long it is expected to last.
What is the change? The Ministry of Interior’s Population and Immigration Authority recently announced that it will begin conducting unannounced workplace inspections of companies that employ foreign workers, including refugees.
What does the change mean? The inspections will focus, among other things, on compliance with labor and immigration rules, work permit terms and geographical (place of work) limitations.
BAL Analysis: Companies face serious consequences if employees are found to be conducting activities that are not allowed on the permit or visa they hold. Employers are urged to conduct an internal audit to ensure they are in compliance with applicable labor and immigration laws. BAL is able to assist in this process.
What is the change? Authorities in Israel have clarified recent changes to the Hi-Tech visa with additional details on the duration, minimum salaries and processing times.
What does the change mean? A one-year Hi-Tech visa replaces the former Hi-Tech visa, and a 90-day Hi-Tech visa is available to visa-waivered nationals working for high-tech companies in Israel. Both require that the employee be paid double the Israeli average salary.
Background: The one-year Hi-Tech visa must be processed through an Israeli consulate, even for visa-waived nationals. The initial duration is one year, but can be extended in one-year increments up to a maximum of five years and three months.
The 90-day Hi-Tech visa is only available to visa-waived nationals and does not require consular processing. It has a duration of 90 days per calendar year; multiple-entry visas are available for repeat visits during a consecutive 90-day period.
BAL Analysis: Israeli-based tech companies should weigh these new options but be mindful that these visas are only recently introduced and some of the conditions and processing details may still be in flux.
What is the change? Israel has announced amended rules for its Hi-Tech Visa program that was launched in February.
What does the change mean? All applicants for Hi-Tech (HIT) visas must apply for a visa through an Israeli consulate when applying for the HIT visa. In addition, the normal Short Employment Authorization (SEA) visa period of 45 days has been extended to up to 90 days maximum per year for HIT applicants. Hi-Tech SEA (90 days) visa-waived applicants are exempt from visa processing at the consulate prior to entering Israel.
Background: Israel introduced the Hi-Tech visas in February to attract foreign tech talent. Authorities subsequently clarified the qualifying criteria for Hi-Tech employers.
BAL Analysis: In addition to planning for the longer processing time at consulates, high-tech foreign employees should plan for additional documentation gathering time as consulates may require medical records and police clearances, which can take time to obtain.