Red Flags – What to be aware of
List of Items/rules and meanings.
Minimum or Prevailing Wage
The B1 Short Term permit has a minimum wage requirement. The salary plus other benefits must come to at least the minimum required salary in Israeli (ILS 4300 per month or 1100 USD The B1 Foreign Expert permit has a prevailing wage requirement. More specifically, the salary plus other benefits must come to at least double the average Israeli salary.
Quota/Ratios
Israel does not have any formal quota rules, however the authorities will need to see that there is a reasonable ratio between foreign and local employees. Specifically, when the work permit application is filed, in one of the forms we are required to indicate the number of Israeli employees employed by the company. Normally the ratio should be 1:10, although there is some flexibility even if the ratio is smaller.
Generally, the Ministry of Interior positively consider application for work permits and visa submitted by companies that has a strong base in Israel and that provides information on the project, including the number of expats required for the project and the duration of their stay in Israel.
Labor Market Test
B1 Foreign Expert permit - The Israeli employer must provide proof that there are no local employees that can fill the position being offered to the foreign national. In addition, it is essential to emphasize in the application how the position to be held by the Foreign Expert will create local employment opportunities.
Cooling Off Period
Foreign national can work in Israel up to 5 years and 3 month from date of first work visa in Israel.
Cancellations
Company must advise the Ministry of Interior in case of assignment termination. There notification should be made after departure, as soon as possible after the departure. Notice should be provided in writing.
Mergers and Acquisitions
In case of merger and acquisition, it is critical to examine the proposed new structure at least 3 month prior to the execution date, to determine what is needed to allow work visa continuity.
Service Contract Projects
Where the assignment is a project involving a service contract with an Israeli company, a copy of the service agreement must be provided in support of the application. Please Note: The foreign employee will only be permitted to work at the exact specific location or multiple locations and positions as indicated in the application and work permit approval.
Company Obligations
The company must:
• Provide suitable accommodation for foreign national employees
• Pay salary on a continuous monthly basis (prevailing wage or minimum salary – depending on the length of assignment.
• Provide health insurance for foreign national employees
• Keep all Israel labour law and immigration laws.
Document Reporting and Maintenance Requirements
The company must:
• Key documents must be kept on file to evidence that the correct visa was applied for and obtained
• Maintain public access file at the company premises with details of the employment contract and all benefits, including accommodation, salary and health insurance details as noted above.
• Key data must be tracked and monitored
• Key changes to the company (e.g. change of address, Authorising Officer, trading/operations) must be reported to Ministry of Interior
• Key changes to the worker’s employment (e.g. change of role, hours, work location) must also be reported to the Ministry of Interior
Years of Service
There is no a legal requirement in Israel for someone to be employed for a designated period of time before qualifying for a work permit.
Health Insurance
The sponsoring entity is responsible for ensuring that health insurance is purchased and maintained for all sponsored foreign national employees.
Duration
B1 Short Term Work (Short Employment Authorization or SEA) Visa (Under 30 Days): - This category may be used for a maximum of 30 days, calculated from the first date of entry into Israel in this status, and is not renewable. It is a single entry only, regardless of the length of stay in Israel. If further entry is required to make up the 30 days a new application should be filed.
B1 Foreign Expert: - This category may be used for a maximum of 5 years and 3 months from day of first employment in Israel.
Translations and Notarizations
Any documents which are not originated in either English or Hebrew must be translated and notarized by an Israeli notaryor by the Israeli Consulate.
Entry Stamps
Many countries will restrict entry into their country and/or apply additional scrutiny if the foreign national has been known to have been to Israel. Given this, the foreign national may wish to use a second passport if/when traveling to Israel or if possible request the Israeli border agent not to place a stamp in their passport but rather insert a sheet of paper with the stamp on it.
Hostile States
Applications from nationals from countries listed as "Hostile States" by the Israeli government will be subject to additional security screening procedures and processing time will be greatly extended.
Other
It is important to note that if the applicant has any criminal offenses, convictions, past over stay in Israek etc. these may impact the ability to proceed with the application and/or additional information may be needed. In the event there is an issue on a case, immigration counsel will advise how best to proceed.
