IMPACT – MEDIUM

What is the change? Israel has clarified that any work permit that is not followed up with a visa application within 90 days will automatically be deemed canceled.

What does the change mean? The policy is intended to prevent companies from hoarding work permits or holding onto them until their one-year expiration.

  • Implementation time frame: Immediate and ongoing.
  • Visas/permits affected: B-1 work permits.
  • Who is affected: Companies and foreign experts filing applications for B-1 work permits.
  • Business impact: Immigration authorities are being stricter in preventing companies from filing for spare work permits. Additionally, Israeli work permit authorities have clarified that any violation of work permit rules will be considered a criminal offense under the Foreign Employees Law.
  • Next steps: Companies with extra work permits older than 90 days for which a visa application has not been submitted should consult their BAL professional.

Background: The Ministry of Interior’s Work Permit Unit set the policy because of a large number of unused work permits.

BAL Analysis: Companies filing for work permit should be aware that they will be canceled within 90 days unless followed up with a visa application, regardless of expiration date. In light of the clarification that work permit violations constitute criminal offenses, employers should anticipate increased inspections and criminal prosecutions.

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 © 2017 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’s National Immigration Authority has indicated that it will step up inspections, with a particular focus on contractors and third-party employees working at client sites.

What does the change mean? Employers are advised to review the immigration statuses of contractors and subcontractors, the activities of business travelers and maintain copies of immigration documents and reports that may be requested by authorities.

  • Implementation time frame: Ongoing.
  • Visas/permits affected: All visas and work permits.
  • Who is affected: Companies employing foreign nationals in Israel, particularly companies working with contractors, subcontractors or employees working at client sites.
  • Business impact: Businesses should take note of the likelihood of inspections and make sure they have taken the steps outlined above.
  • Next steps: The increased inspections are likely to continue throughout 2017. Among documents that should be kept prepared for inspection are: (1) a list of all foreign employees in Israel, (2) copies of foreign employees’ visas, (3) payroll slips going back at least three months, (4) employment contracts, (5) health insurance certificates, and (6) proof of adequate housing.

BAL Analysis: Companies can face serious consequences if employees, contractors or subcontractors are working without the proper permit or are conducing activities that are not allowed on the permit or visa they hold. Employers are urged to review the status of contractors and subcontractors and be sure they maintain relevant documents.

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 © 2017 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? The Ministry of Interior’s work permit unit said this week that applications for short-term employment authorization, or SEA, permits for foreign nationals already in Israel will be automatically denied.

What does the change mean? Companies must apply for SEA permits before the foreign national seeking short-term work authorization travels to Israel.

  • Implementation time frame: Immediate and ongoing.
  • Visas/permits affected: SEA permits.
  • Who is affected: Companies and foreign nationals performing short-term work assignments (45 days or less) in Israel.
  • Impact on processing times: The change makes it clear that traveling to Israel before obtaining an SEA permit is not an option for those seeking short-term work authorization. That said, SEA permits do not take long to obtain. Processing is normally complete within seven business days.

Background: Officials issued the clarification about the SEA permit process after receiving a high number of applications for short-term work authorization on behalf of foreign nationals already in Israel. The work permit unit clarified that such applications will be automatically denied and that the filing fee will not be returned.

BAL Analysis: Businesses should take note of the clarification and plan accordingly. While traveling to Israel prior to obtaining an SEA permit is not an option for those seeking short-term work authorization, SEA permits can be obtained relatively quickly and remain a good option for companies in need of short-term work from a qualifying foreign national.

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 © 2017 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? Israeli government offices will close April 10-19 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.

  • Implementation time frame: April 10-19.
  • Visas/permits affected: Israeli visas and work permits.
  • Who is affected: Applicants seeking visas, work permits or other services from Israeli government offices.
  • Impact on processing times: Applicants should expect delays in the issuance of visas and permits following the closures.

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.

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 © 2017 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 has announced the launch of a program that will allow companies to obtain “hi-tech” status, providing them an expedited process to bring high-skilled foreign workers to the country.

What does the change mean? Once the program takes effect, companies qualifying as hi-tech will likely be waived from the requirements of ensuring adequate housing and providing a written contract at the employer’s work site. Spouses of hi-tech employees will likely be allowed to work in Israel. Hi-tech employees are also expected to be waived from requirements that they undergo medical checks before consular processing.

  • Implementation time frame: Ongoing.
  • Who is affected: Companies in Israel’s tech industry.
  • Impact on processing times: The waiver of requirements for both the employer and employee is expected to expedite processing.
  • Business impact: Officials hope that the new program will help Israel attract highly skilled tech workers to the country.
  • Next steps: Details of the program still need to be finalized, including the criteria that will be used to determine which companies qualify.

Background: The Israeli government announced its intentions to create the program Jan. 15. While not implemented yet, the program has been taken as a sign that Israel is serious about competing in the global market for highly skilled tech workers. The program is expected to be launched at some point in the second quarter of 2017.

BAL Analysis: Plans for a hi-tech program for qualifying companies in Israel could provide significant benefits to companies that rely on foreign tech workers. BAL will continue to follow developments in Israel and will alert clients as more information becomes available.

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 © 2017 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? The Israeli government has agreed to reciprocal terms with the U.S. on investor visas.

What does the change mean? The decision clears the way for Israel to offer investor visas to U.S. nationals under terms that are similar to those of the U.S. E-2 treaty investor program for which Israeli citizens will be eligible.

  • Implementation time frame: Israeli authorities plan to announce regulations in March.
  • Visas/permits affected: American E-2 treaty trader investor visas; Israeli B-5 investor visas.
  • Who is affected: Israeli and U.S. nationals.
  • Business impact: The visa programs will attract investment between the two countries.

Background: The two countries have been in discussion over the visas since 2012, when the U.S. moved to make Israelis eligible for investor visas but required reciprocal rules. In 2014, Israel also approved a decision to offer investor visas to Americans, but implementation stalled because Israel was required to make changes to its regulations in order to parallel the U.S. rules. The Israeli government has now accepted the changes required by the U.S. and is poised to implement the visas once procedures are in place.

The U.S. E-2 treaty investor visas allow certain foreign nationals to enter the U.S. for purposes of making a substantial investment in a bona fide new or existing business in which they have at least 50 percent ownership or control.

BAL Analysis: In the coming months, interested investors can expect procedures to be published and a start date to be announced for the visas.

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 © 2017 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 has increased its minimum prevailing wage for foreign experts to 19,086 shekels (about US$4,970) gross per month (up from 18,668 shekels) for 2017.

What does the change mean? The increase affects B-1 foreign experts, but does not affect foreign workers on short-term authorization (SEA) permits or STEP visas.

  • Implementation time frame: Immediate.
  • Visas/permits affected:  B-1 work visas.
  • Who is affected: Israeli companies employing foreign employees on B-1 visas.
  • Business impact: Companies should budget for the wage increase.

Background: The Israeli government announced the annual increase to the average salary Monday. Foreign nationals on one-year B-1 work visas must earn at least the prevailing wage, which is double the average salary. Foreign nationals working in Israel under SEA permits or STEP visas are covered under different wage levels announced last week.

BAL Analysis: Companies are required to meet the new 2017 prevailing wages for B-1 foreign experts immediately and should identify affected employees and adjust salaries accordingly.

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 © 2017 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? China has begun issuing 10-year, multiple-entry visas to Israeli nationals traveling to China for business, tourism or to visit family.

What does the change mean? Israeli nationals may now apply for the visas. The maximum allowable duration of stay will depend on the type of visa the applicant obtains. China and Israel agreed to provide 10-year visas to travelers from each other’s countries earlier this year, and Israel recently began issuing 10-year visas to Chinese travelers as well.

  • Implementation time frame: Immediate and ongoing.
  • Visas/permits affected: L, M, Q2 and S2 visas.
  • Who is affected: Israeli nationals applying for any of the visas listed above.  
  • Business impact: The longer-validity visas will ease business, tourist and other travel between Israel and China.

Background: China and Israel signed the agreement providing for the longer-validity visas in March. Document requirements for the visas listed above have not changed with the longer validity. The visas are valid for up to 10 years, but not longer than the visa holder’s passport. The visas cannot be transferred to new passports.

BAL Analysis: The 10-year, multiple-entry visas will ease travel for Israeli nationals making frequent business trips to China, as they will be able to avoid having to reapply for visas upon each entry. The allowable duration of stay will vary depending on the type of visa the applicant obtains, with the Chinese Embassy in Israel reserving the right to make final interpretations of the agreement.

This alert has been provided by the BAL Global Practice group. 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 has eased documentary requirements for foreign nationals applying for short-term employment authorization (SEA) permits that allow work of up to 45 days for visa-waived nationals.

What does the change mean? SEA applicants no longer need to notarize their educational diplomas or certificates, but those that are not in English must be translated into Hebrew.

  • Implementation time frame: Immediate.
  • Visas/permits affected: SEA 45-day B/1 work visas.
  • Who is affected: Foreign nationals applying for SEA B/1 visas.
  • Business impact: The rule will shorten document preparation time.

Background: SEA B/1 work visas of a 45-day duration were introduced in 2015 and after a successful one-year pilot, became permanent in August. They allow visa-waived foreign nationals to conduct short-term work in Israel not to exceed 45 days per year.

BAL Analysis: The eased document requirements should further expedite overall time frames for SEA work visa applications. Employers and foreign nationals should also note that the Israeli authorities have recently clarified that all productive work, such as installation, inspections, hands-on work, managing others, supervising or consulting or providing active guidance, requires the SEA visa before entry. Visa-required nationals performing work activities must apply for a regular work visa. Individuals performing any productive work activities should not rely on business visas or visa-waived status. To avoid any doubt about appropriate activities, clients should contact their BAL representative.

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? The Israeli government issued a directive this week stating that legally married same-sex couples will have the same immigration and naturalization rights as other married couples in Israel.

What does the change mean? Married same-sex couples will have the same rights for immigration purposes as all other married couples. Previously, married same-sex couples had been treated as unmarried couples, meaning they were entitled to residency if they met other qualifying criteria, but not citizenship.

  • Implementation time frame: Ongoing.
  • Visas/permits affected: Israeli citizenship.
  • Who is affected: Same-sex spouses seeking to become naturalized Israeli citizens.
  • Next steps: Under the directive, the Ministry of Interior is expected to issue new regulations that will provide the right of naturalization in Israel to foreign same-sex couples. The directive is  binding on the ministry immediately, however.

Background: While same-sex marriages cannot be performed in Israel, the government will now recognize foreign same-sex marriages the same way it recognizes other foreign marriages. Foreign same-sex spouses who are married to an Israeli citizen will be able to become legal residents after six months and Israeli citizens after 4 ½  years. In order to be eligible for citizenship, the spouse must show that the couple’s “center of life” is in Israel, that the relationship is sincere, and must live in the same household as the Israeli partner.

BAL Analysis: The new regulations will benefit married foreign same-sex partners living in or relocating to Israel, as they now have the same rights as married opposite-sex partners.

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.