Israeli immigration policy, particularly regarding corporate immigration and foreign employees across various sectors, is shaped by the Israeli legislature and primarily by the Israeli government. Policies are updated periodically to align with the needs of different sectors in Israel, balancing factors such as local workforce work opportunities and rights. Additionally, Israeli courts continuously make decisions concerning immigration laws, ensuring the rights of foreign workers and compliance with these laws.
The State of Israel seeks to monitor and govern its immigration system and legal framework while facilitating the mobilisation of foreign workers, including experts and workers for various sectors. Israeli immigration laws and policies are primarily enforced by the Population, Immigration and Border Control Authority (PIBA), an agency operating under the Israeli Ministry of Interior. Key administrations within PIBA include the following.
The Israeli government has recently announced a substantial expansion in the number of officers within both the Foreign Workers Administration and the Foreign Nationals Enforcement Administration. This expansion aims to address the increasing demand for work permits across various sectors, the introduction of new work permit routes, and to provide enhanced support where needed. At the same time, stricter enforcement and more frequent inspections are expected to curb illegal employment and ensure compliance with Israeli immigration laws, particularly in corporate immigration and the employment of foreign workers.
Therefore, compliance with Israeli immigration laws is crucial to mitigate legal exposure and avoid penalties. Employers must adhere to the regulations to maintain lawful operations and support the effective management of foreign employees.
The forthcoming changes to immigration policy and laws in Israel will be extensively detailed in the Trends and Developments chapter. In summary, the Israeli government has recently deliberated on a comprehensive policy aimed at augmenting the number of foreign employees across various sectors, including, inter alia, construction, industry, national infrastructure projects, tourism, and more. Emphasising the imperative of providing increased stability and effective solutions to address the rapid expansion of the Israeli economy amidst a shortage of skilled labour, the government is resolute in ensuring robust supervision and inspection mechanisms, as well as ensuring equitable working conditions for foreign workers in Israel. These measures will significantly impact the process of obtaining work permits and the consideration of recruiting foreign workers in relevant cases. Consequently, foreign workers will be increasingly involved in various sectors and projects in Israel.
Overview of Sponsor-Based Work Permits and Visas for Foreign Employees in Israel
Foreign and Israeli companies aiming to temporarily mobilise foreign employees to Israel, either for long-term or short-term assignments, are required to obtain designated and specific work permits from PIBA, prior to the employee’s entry into Israel.
After the work permit is approved and granted, most foreign employees must also physically obtain a work visa (B-1 type) at the Israeli embassy or consulate in their country of residence. This step occurs after the permit has been approved by PIBA’s department in charge of obtaining visas.
Work visa categories
PIBA offers several categories of work permits, depending on the professional sector and the qualifications of the foreign employee. Work that involves specialised expertise, knowledge, experience or skills is typically regulated under the Foreign Experts category.
Please note that B-1 visa type is the general category for work visas in Israel and may be granted under various working sectors and categories, including for example:
In addition, there are general (non-restricted) B-1 visas, which are not restricted to a specific employer. These visas are granted, for example, under the Marriage or Partnership routes, or under the Law of Return.
Foreign Expert Category
A Foreign Expert is an employee with unique expertise not otherwise available in Israel, whose employment has been authorised by PIBA at its sole discretion. PIBA allows both Israeli and foreign companies (even those not registered in Israel through a local branch or subsidiary) to apply for work permits for their employees.
Long-Term Permit (LTP) for Foreign Experts (“Academic” or “Non-Academic”) who receive “Foreign Experts Salary” (as defined below)
The Long-Term Permit (LTP) is optional for both “Academic” and “Non-Academic” Foreign Experts who receive a “Foreign Expert Salary” as defined below. This permit is granted for an initial period of 12 months and can be renewed in additional 12-month increments, up to a maximum of 63 months, subject to the conditions outlined below. This is the primary and most widely utilised category for Foreign Experts in Israel.
Employment under this permit category requires proof that the employee possesses the necessary expertise, knowledge, skills and experience for the relevant assignments. For the “Academic” route, it is mandatory to provide proof of an academic degree, typically at least a bachelor’s degree or its equivalent.
Foreign Experts in this category must be paid a “Foreign Expert Salary,” which, according to Israeli law, is defined as a gross monthly base salary that is at least double the average gross monthly salary of employees, as annually published by Israel’s National Insurance Institute. This salary must be paid for a regular full-time position. Additionally, employers are obligated to compensate Foreign Experts for any overtime or shift work.
As of 2024, the Foreign Expert Salary is ILS24,758 per month (approximately USD6,650, EUR6,165, GBP5,310). For clarity, foreign employees are entitled to the same mandatory labour conditions as Israeli employees, including annual leave and social rights. Employers must also provide to foreign workers various specific additional conditions, such as proper housing and medical insurance.
Short-Term Permit (STP)
The Short-Term Permit (STP) offers an accelerated process tailored for the short-term employment of Foreign Experts who hold valid passports from countries exempt from requiring a B-2 visitor visa before entering Israel. These professionals are brought in to address temporary tasks within their specialised fields for periods of up to 90 days per calendar year. This STP route is highly advantageous in urgent scenarios, enabling the legal and swift deployment of experts for brief assignments.
To enhance efficiency, PIBA has established a distinctive procedure for obtaining B-1 visas under the STP route. Once the work permit is approved, and while the expert is still abroad, the individual can enter Israel and subsequently obtain the B-1 visa at the immigration office post-entry. This process stands in contrast to most other work permit categories, where securing the B-1 visa is a prerequisite before the foreign employee’s entry into Israel.
This streamlined approach not only facilitates rapid mobilisation but also ensures compliance with Israeli immigration laws, making it an invaluable tool for both employers and foreign experts needing immediate deployment for critical tasks.
Manager, senior representative or trusted employee of a foreign or international company
Work permits for senior roles in foreign or international companies, such as those in a local branch or subsidiary, fall under a unique category requiring a specific recommendation from the Ministry of Economy’s Foreign Trade Administration (FTA). This category is limited to up to two experts per company and may also grant an exemption from certain government fees.
A “Manager” is defined as a person directing or setting the goals of an organisation or department, holding a senior position, and responsible for service delivery through supervision or control, with authority over human resources actions.
Hi-Tech Permit (HTP)
The Hi-Tech Permit (HTP) is designated for Foreign Experts employed by companies certified by the Israel Innovation Authority (IIA) as a “High Technological Knowledge Corporation”. This permit requires the payment of a “Foreign Expert Salary” and is specifically designed to support the Israeli technological and innovative ecosystem. It provides a streamlined route for hi-tech and start-up companies to recruit and employ foreign experts with specialised skills essential for their operations and growth.
A foreign national performing a temporary task for a period up to three months
A “concise” type of LTP, this work permit is usually for foreign nationals performing temporary tasks for a period of up to three months, referred to as a “concise” type of Long-Term Permit (LTP). This type of permit is typically used for short-term employment of foreign experts who are citizens of countries that are not exempt from entry visas to Israel. Consequently, the Short-Term Permit (STP) route is not available for these individuals. It facilitates the employment of foreign experts for short durations, ensuring compliance with Israeli immigration regulations, and ensures that foreign experts from non-visa-exempt countries can undertake short-term assignments in Israel legally. This work permit category differs from the Short-Term Permit (STP) in several ways, including the application process and pre-entry requirements. Unlike the STP, experts applying for this permit must visit an Israeli consulate or embassy before entering Israel to obtain a B/1 entry visa. This step is mandatory and must be completed prior to their arrival in Israel.
Other special categories: under the LTP route
Examples include the following:
Navigating the work permit process for foreign employees in Israel requires a thorough understanding of the various categories and requirements established by PIBA. Each category addresses distinct professional needs and ensures that foreign experts and their employers comply with Israeli immigration laws.
Unsponsored work encompasses, inter alia, the following categories.
In general, visitors holding a B/2 Tourist/Visitor visa are permitted to stay up to 90 days (or for a lower duration period of time, granted by border control officers) for purposes such as tourism, visiting family and friends, etc. A citizen of a country exempted from a tourist visa does not need to acquire a visa before visiting Israel.
Citizen of countries not exempted from a tourist/visitor visa will need to obtain a visa from the Israeli embassy/consulate abroad before departing to Israel.
Israel allows foreign national business visitors (hereinafter BV) from certain countries to visit Israel for legitimate business purposes with a visiting/business visa (B/2 visa). An entry under this route is usually valid for up to 90 days, based on visa exemption agreements between Israel and various countries.
Note that business activities allowed under the BV route are defined as short period business functions such as investments, participation in negotiations, business meetings, etc. Employment is not allowed under the BV route (in case of “hands-on” work for a short period of time, see the Short-Term Permit (STP) route and other work visas status).
In the event that a BV would like to visit Israel for business purposes from a country not exempted from the visitor visa requirement, a visa should be obtained from an Israeli consulate prior to the visit.
Israeli law does not provide specific regulations or guidelines regarding the recognition of remote work within the country. Additionally, there are no digital nomad visas available in Israel at the moment. Therefore, since such work can be categorised depending on the circumstances on a case-by-case basis, consulting with professional immigration legal counsels in advance is recommended in order to determine whether the relevant remote work can be conducted under a visitor visa or if a working visa is required.
There are no prerequisite language requirements to obtain a visa. However, it is worth noting that prerequisite language requirements do exist in some citizenship and naturalisation procedures.
In general, most long-term visas and some other visa categories which require to be granted at the Israeli embassy/consulate prior to entry into Israel, necessitate that the visa candidate undergo medical examinations. These examinations must be conducted in clinics or hospitals recognised by the Israeli embassy or consulate. Candidates must provide certification of tests for several diseases as defined by Israeli law, along with the results of general blood tests.
In sponsor-based employment visas, minimum thresholds must be met with respect to salary and qualifications.
Qualifications
Long-Term Permit (LTP) sponsored-visas requires proof that the employee holds the proper and sufficient expertise, knowledge, skills and experience for the relevant position. In the case of the LTP “Academic” route it is also mandatory to provide a proof of academic degree (usually at the minimum level of a bachelor’s degree or equivalent).
Expert Salary
Long-Term Permit (LTP) sponsored visas require that Foreign Experts under this category be paid a “Foreign Expert Salary”, defined by the Israeli law as a gross monthly “base salary” that is not less than double the average gross monthly salary of employees (as published from time to time by Israel’s National Insurance Institute). The Foreign Expert Salary is to be paid to the Foreign Expert for a regular full-time position, and, in addition to such Foreign Expert Salary, the employer undertakes to pay the Foreign Expert any sum to which the Foreign Expert is entitled for overtime or shift work. As of 2024, the Foreign Expert Salary stands at NIS24,758 per month (approximately USD6,650, EUR6,165, GBP5,310).
In general, employment-based visas in Israel are typically linked to a specific employer. Most sponsored visas, such as those under the Foreign Experts category or for work in various other sectors, require an employer sponsorship. For certain categories of work visas, such as those for construction, care-giving, and others, there is a different mechanism for employment, which involves, in addition, licensed agencies that are approved by the State of Israel to engage foreign workers under these visas.
It is important to note that the possibility for foreign workers to work without being linked to a specific employer or to change from one employer to another (or to not be limited to a certain role) is usually limited; but may be possible subject to meeting different conditions and, in some cases, being pre-approved by the Immigration Authority.
Visa processing times may vary from case to case, depending on factors such as:
In general, current visa processing times are approximately up to six business days for a Short-Term Permit (STP) and four to eight weeks for approval of a Long-Term Permit (LTP).
Once an application for a work visa is submitted, the individual is permitted to travel to Israel after the work permit has been approved, and has to remain outside Israel until the work visa is approved. Following approval, there is a distinction between Short-Term Permits and Long-Term Permits. For a Short-Term Permit, the individual may travel to Israel after approval of the work permit, and the B/1 (work) visa itself will be obtained in Israel. As for the Long-Term Permit route, once the work permit is approved, and before travelling to Israel, the individual must obtain the B/1 (work visa) from the Israeli consulate/embassy prior to entry into Israel.
Expediting visa processing times is in general limited and subject to the sole discretion of the Immigration Authority. Expedited processing is typically reserved for urgent cases and is based on a detailed legal explanation provided to the Immigration Authority regarding the emergency circumstances. Additionally, fast-track approvals can be achieved by applying for the Short-Term Permit route, which often provides a suitable solution for mobilising foreign experts quickly in urgent situations, such as the need to address a failure in a power station, among others.
Final visa steps typically involve obtaining a multiple-entry visa, which allows the foreign employee to travel in and out of the country while securing their B/1 working visa for the duration of the work permit period. Exiting the country without a valid multiple-entry visa can lead to complications at border control upon re-entry or result in the granting of a B/2 visitor visa instead of the B/1 visa.
There are various costs associated with obtaining a sponsored employment visa in Israel, which may vary depending on the specific circumstances of each case. The following focuses on some of the main relevant costs related to Foreign Experts.
The Israeli government charges government fees for employing foreign experts, based on the visa category, duration of employment, and other factors. For a Long-Term Permit (LTP) Foreign Expert, covering one year of employment, the following government fees apply (annual fee):
Other costs include expenses related to the following.
Understanding these costs is crucial for employers seeking to employ foreign experts in Israel. It ensures compliance with Israeli immigration laws and helps in budgeting for the employment of foreign workers.
The costs associated with sponsored employment visas in Israel are generally borne by the employer. These costs typically include government fees and other related expenses. Employers are also responsible for providing medical insurance and proper housing for foreign employees. While employers may deduct some of these costs, such as those for medical insurance and housing, from the employee’s salary, these deductions are subject to strict regulations and may change annually. It is crucial to consult with professional immigration legal counsel to ensure compliance with Israeli immigration laws and regulations regarding these deductions. Proper legal guidance will help avoid potential legal issues and ensure that all procedures are correctly followed.
The Israeli Immigration Authority possesses extensive powers to enforce immigration laws against individuals and employers under criminal and administrative procedures. The majority of enforcement actions are executed by the Foreign Nationals Enforcement Administration within the Immigration Authority, which is responsible for ensuring compliance, conducting inspections and managing the legal status of foreigners in Israel. This includes enforcing all relevant laws, government policies and regulations.
Enforcement can be applied to any breach of Israeli immigration laws, as well as employment laws. It is important to note that, in addition to the Immigration Authority, other governmental bodies are also authorised to enforce labour laws, including those relevant to foreign employees. Common enforcement actions include addressing violations such as:
Several legal provisions empower the Immigration Authority to take actions against violations of immigration laws. For instance, Section 4a of the Israeli Foreign Workers Law states that: “One who has possession of a property will be deemed as the employer of any foreign worker found working on his property, unless he proves otherwise.” Therefore, if a foreign worker is found working at a company’s office or site, the company could face administrative or criminal sanctions even if the worker is employed by an external contractor.
The Foreign Workers Law also includes provisions on “officers liability”, which impose legal responsibilities on senior managers, such as CEOs, in cases of violations. This stipulates that an officer must supervise and do everything possible to prevent immigration offences by the corporation or any of its employees. Furthermore, breaches of immigration laws can result in additional sanctions from the Immigration Authority, including:
For foreign employees, violations can lead to:
Compliance with Israeli immigration laws is thus critical to avoid these severe consequences.
Foreign employees in Israel are subject to the same mandatory labour conditions as Israeli national employees, such as annual leave, social rights, etc. In addition, foreign employees in Israel are entitled to various specific additional conditions that the employer is obliged to grant, such as proper housing and medical insurance.
Non-compliance may result in administrative or criminal penalties.
A Right to Work check is de-facto, a mandatory requirement enforced by the Immigration Authority. Employers must actively verify that a job applicant is permitted to work before employing them. The Immigration Authority has launched an online database system that allows employers to check the immigration status of potential workers. This, of course, does not relieve employers of their obligation to apply for work permits for sponsored work visas.
A dependant visa can be issued for the spouse and minor children of a Foreign Expert who has been granted a Long-Term Permit (LTP) (under several categories of LTP).
Generally, the dependant visa is issued as a B/2-stay visa, permitting stay in Israel for the duration of the foreign expert’s visa but not authorising work. However, there is an additional option available for spouses of Hi-Tech Foreign Experts. Under the pilot programme for Hi-Tech Experts, PIBA has initiated a pilot programme specifically available to the spouses of Hi-Tech Experts. This programme enables the spouse to apply for an employment visa, granting them a non-restricted B-1 work visa. With this visa, the spouse has the opportunity to work in Israel in any position and for any employer.
Introduction
The Israeli corporate immigration system seeks to balance Israel’s unique need for a dynamic, skilled and expert workforce with the goal of protecting employment opportunities and rights of domestic workers. Israel’s economy is characterised by certain unique factors that are reflected in its immigration policies: it is a small, highly advanced and technological state, often referred to as the “start-up nation”, facing various challenges. Israel is developing rapidly, with growth in infrastructure and mega-projects in fields like transportation (including the upcoming underground Metro mega-project), energy and renewable energy, and more. Several trends related to immigration law can be identified based on this background.
More Work Permit Opportunities in Various Categories
In recent years, the Israeli government and immigration authority have launched new categories of work permits and strengthened existing ones to meet the growing need for foreign workers. Here are some examples.
Hi-Tech Visa
Israel has introduced a designated work permit for the hi-tech sector. This permit is for foreign experts working in companies certified by the Israel Innovation Authority (IIA) as a “High Technological Knowledge Corporation”. The Hi-Tech Visa reflects the government’s recognition of the importance of the hi-tech sector as one of Israel’s major economic growth engines. The Israeli hi-tech ecosystem includes incubators, R&D centres, transfer technology units, start-ups, mature tech companies, investors, venture capital and more. The Hi-Tech Visa has outstanding advantage, namely, it allows the spouse of a hi-tech expert to receive a work visa, facilitating family relocation and highlighting the importance of the hi-tech sector.
Industrial sector
The Immigration Authority launched a route for the industry sector to approve work permits for industrial workers. This route provides new opportunities for employing foreign workers in the industry, with a mandatory minimum wage linked to professions and categories listed below.
National infrastructure projects
This new work permit route has been established to support national infrastructure projects, following a government decision to promote essential infrastructure initiatives. This route applies to the establishment, operation or maintenance of essential projects such as power generation facilities, water facilities and irrigation systems. Eligible companies are those contracted with a governmental office for the construction of an essential project as defined by relevant laws.
The application process for this permit requires fulfilling several conditions, including, inter alia, depositing a bank guarantee and appointing a supervisor responsible for ensuring the company meets its obligations to foreign workers. Each employee recruited under this permit must meet various conditions, including originating from a country listed in Tier 1 of the US Trafficking in Persons Report, among others. Regarding wages, there is a legal obligation to ensure payment of at least the minimum wage or the relevant sectoral minimum wage, whichever is higher. The employment of foreign workers is, of course, governed by Israeli labour law, which includes provisions and agreements related to labour standards and workplace safety.
Special machinery and technology
The special technology and machinery projects work permit is a distinct route established following a government decision to support projects involving unique technology and machinery not available in Israel, requiring foreign expertise. This route applies to projects related to the State of Israel, government companies contracts, national projects, and other significant projects not classified as national projects. A key condition of this route is that at least 50% of the workers in the project who work in the core project assignments, whether employed by the main contractor or subcontractors, must be Israeli, while the remaining part can be foreign workers. The issuance of work permits under this route is subject to a recommendation by a special committee. This committee must verify that the project involves unique technology or machinery not existing in Israel, necessitating the employment of foreign workers specialised in that technology or machinery.
Construction sector
Israel is experiencing a growing demand for workers in the construction industry, leading to an expansion in recruitment options from various countries through bilateral agreements and the establishment of more certified foreign worker agencies for the construction sector. For instance, recently, a few thousand foreign workers, primarily from India and Sri Lanka, were approved and entered the Israeli construction sector, integrating into various construction projects. The Israeli government is continuously discussing additional bilateral agreements and increasing the approved quotas for foreign workers in the construction sector. Recently, the Israeli government has discussed a comprehensive policy aimed at increasing the number of foreign employees across various sectors. In relation to the construction industry, the Israeli government has approved the recruitment of thousands of additional workers, primarily through bilateral agreements. In some limited instances, recruitment may occur outside bilateral agreements, subject to distinct regulations.
The Israeli government has underscored the necessity of offering greater stability and effective solutions to accommodate the rapid expansion of the Israeli economy amidst a shortage of skilled labour. Moreover, it is committed to ensuring robust supervision and inspection mechanisms, as well as ensuring the granting of fair working conditions to foreign workers in Israel.
Electronic Travel Authorisation (ETA-IL)
The Israeli Population, Immigration and Border Control Authority (PIBA) has recently announced the new Electronic Travel Authorisation (ETA-IL) for travellers to Israel from visa-exempt countries. Starting from 1 August 2024, visitors from visa-exempt countries will be required to obtain an ETA-IL prior to their departure to Israel, as a mandatory step for entering Israel. An approved ETA-IL will indicate that the traveller is permitted to travel to Israel with a visitor/tourist visa, enabling visits for up to 90 days. Israeli citizens or those with an Israeli identity number (Teudat Zeut) will not need to apply.
Expected timeline and pilot phase
The ETA-IL pilot phase started as of 1 June 2024, firstly for passport holders from the United States and Germany. During the pilot phase, submitting an ETA-IL application will be voluntary and exempt from fees. As of 1 July 2024, the ETA-IL pilot phase will be continued, and the ETA-IL system will be open for other visa-exempt countries as well. From 1 August 2024, the ETA-IL will be compulsory for all visitors from visa-exempt countries.