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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
What is the change? Israel has implemented a mutual agreement with China to issue 10-year multiple-entry visitor visas.
What does the change mean? Chinese nationals may now apply for the visas, which allow stays of up to 90 days per visit (no more than 180 days per year). The visa will be valid for up to 10 years but will expire six months before expiration of the traveler’s passport and cannot be transferred to a new passport. Work is prohibited and unauthorized work constitutes a criminal offense.
Background: China and Israel signed the agreement providing for the longer-validity visas in March. Among the supporting documents, the following will be required:
The Israeli consulate also reserves the right to request an interview with the applicant or seek additional documents.
BAL Analysis: The 10-year multiple-entry visas will ease travel for Chinese citizens making frequent business trips to Israel, as they will be able to avoid having to reapply for visas upon each entry.
IMPACT – HIGH
What is the change? Contrary to recent media reports, Israel’s business visitor and work permit rules remain unchanged. Business visitors conducting limited activities, such as attending meetings, may travel to Israel on a visitor visa. Productive work activities require a work visa before entry, and short-term (less than 45 days) work authorization is available for visa-exempt nationals.
What does the change mean? Travelers should make sure their activities comply with their visa type. Business visitors in particular should be sure that their activities are limited to permitted nonproductive activities.
Background: Media reports in Israel have misleadingly stated that work visas are now required for all business visitors.
In fact, the existing regulations have not changed and allow or require the following:
BAL Analysis: Employers and business travelers are encouraged to contact their BAL professional before traveling to Israel to confirm they are in compliance with the type of visa and its terms and conditions.
What is the change? Israel announced that it will implement an agreement allowing Chinese business and tourist visitors to apply for 10-year multiple-entry visas.
What does the change mean? The longer-duration visas will allow Chinese visitors to avoid having to apply for Israeli visas upon each entry.
Background: The bilateral agreement was signed in March during a joint meeting to promote innovation and cooperation between the two countries. While the agreement is reciprocal, China has not announced an implementation date for the longer-validity visas for Israeli nationals. Israeli consulates in China will issue visa durations according to the foreign national’s invitation letter or other documents, whether three months, one year or 10 years.
BAL Analysis: When fully implemented, the agreement will make it easier for frequent travelers to make business trips between China and Israel.
This alert has been provided by the BAL Global Practice group in China. For additional information, please contact china@bal.com.
What is the change? Workers at the Ministry of Interior office in Tel Aviv have gone on strike for the second time this week. The duration of the strike is not yet known.
What does the change mean? Immigration services will be unavailable at the Tel Aviv office during the strike. Employers should expect delays in processing.
Background: The Ministry of Interior office in Tel Aviv is the agency’s largest. Workers went on strike Wednesday for the second time this week under a directive issued by a labor union representing government workers. All services have been suspended and processing delays should be expected. Employers are also reminded that Ministry of Interior offices will be closed for much of October as Israel celebrates the Jewish holidays of Rosh Hashanah (New Year), Yom Kippur and Sukkot.
BAL Analysis: Those with urgent requests should contact their BAL team.
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 professional.
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