Employment of Foreign Specialists: Legal and Practical Guide
Employment of Foreign Specialists – What Should Employers Know Before Hiring Highly Skilled Foreign Workers in Israel?
The twenty-first century has brought with it many innovative developments. Borders have effectively narrowed, and there is a growing reliance on professionals who cross national boundaries to contribute their expertise in foreign jurisdictions. The Employment of Foreign Specialists has become a practical necessity rather than an exception in a globalized economy.
Globalization over recent decades has reshaped labor markets worldwide. Workforce mobility between countries is now common, particularly where technological advancement accelerates and creates demand for specialized knowledge that cannot be sourced locally.
Israel, like most Western economies, has employed thousands of Highly Skilled Foreign Workers in recent decades, particularly in high-tech, infrastructure, energy, gas, and other advanced sectors.
The primary challenge remains obtaining a Foreign Expert Work Visa and the relevant employment permit, while navigating a complex and highly regulated bureaucratic framework.
Who Is Defined as a Foreign Expert?
In practice, not every experienced foreign employee will be recognized as a “Foreign Expert” under Israeli law. The Ministry of Interior examines whether the expertise is truly unique and unavailable in the local labor market, taking into account formal education, proven professional specialization, seniority, and the specific contribution to the project.
Practical experience alone, without clear differentiation or exceptional expertise, may be insufficient. This distinction is critical, as applications that do not clearly meet the expert threshold are often rejected despite the employer’s genuine need.
A Foreign Specialist is defined as an employee with specialized education, training, or professional experience, possessing unique expertise that is not readily available in Israel. Employment in Israel is permitted only after obtaining a permit for the Employment of Foreign Specialists prior to the expert’s entry into the country.
A Foreign Specialist may be accompanied by immediate family members, who will be granted a visitor visa (B/2). Applications for a Foreign Expert Work Visa must be submitted by an Israeli company, a foreign company, or jointly by both.
What Are the Steps Toward Employment of Foreign Specialists in Israel?
* An Israeli or foreign company submits an application for a Foreign Expert Work Visa for Foreign Workers.
* Visas are granted according to quotas set by the state, such as construction, agriculture, caregiving, and similar sectors, as well as permits issued specifically for the Employment of Foreign Specialists, based on the expert’s qualifications and the scope of the project.
The relevant visa category for the Employment of Foreign Specialists is a B/1 work visa.
* Israeli law does not impose a numerical limit on the Employment of Foreign Specialists.
Applications are examined according to the nature and scale of the project and the uniqueness of the expertise. Accordingly, large-scale projects may justify the employment of dozens of Highly Skilled Foreign Workers.
* For long-term projects, an employer may apply for a Foreign Expert Work Visa valid for up to one year. This track is intended for academic experts or professionals with extensive experience and specialized knowledge unavailable in Israel.
Under this framework, the employer must pay an “expert salary” of NIS 20,856 per month (as of 2022). If the specialist does not hold an academic degree, an additional guarantee of NIS 36,000 is required.
* Permits for short-term employment of up to 90 days follow a similar process, with the primary difference being salary requirements. In such cases, the minimum wage applies.
A significant number of applications are denied due to preventable deficiencies.
Common issues include a generic or poorly substantiated justification for employing a foreign expert, inconsistencies between the job description and the expert’s qualifications, failure to demonstrate why local professionals cannot fill the role, or salary terms that do not align with the claimed level of expertise. Careful preparation and precise alignment between documents are essential to avoid unnecessary rejection.
Importanat: Employment of Foreign Specialists without a valid work permit and Foreign Expert Work Visa exposes the employer to severe sanctions, including administrative fines of up to NIS 5,000 per workday, criminal proceedings against the employing company and its officers, and additional penalties.
Expedited Permit for Employment of Foreign Specialists for up to 45 Days
The Ministry of Interior has introduced an expedited procedure allowing the Employment of Foreign Specialists for a cumulative period of up to 45 days per calendar year.
This procedure applies across all economic sectors and is particularly relevant for technical experts involved in machine installation, fault repairs, training, lectures, consulting, and similar short-term assignments.
Under this framework, the Foreign Specialist may enter Israel without a work license and receive the Foreign Expert Work Visa at the Ministry of Interior within two business days of arrival.
This process is regulated under Ministry of Interior Procedure No. 5.3.0040, titled “Expedited Procedure for Employment of Foreign Specialists.”
The procedure applies to employment of Highly Skilled Foreign Workers for up to 45 cumulative days per year. Employment beyond this period, or extensions of existing permits, are governed by Procedure No. 5.3.0041, which regulates standard applications for Foreign Expert Work Visas exceeding 45 days.
Applications submitted under the expedited procedure are processed within six business days from the date of receipt.
This mechanism was introduced to address urgent, short-term professional needs and applies only to Foreign Specialists who are citizens of visa-exempt countries under Israeli entry regulations.
Expedited Track for Highly Skilled Foreign Workers in High-Tech
To address labor shortages in Israel’s high-tech sector, the state has launched a dedicated expedited track for the Employment of Foreign Specialists in technology and cyber fields. Procedure No. 5.3.0043 defines the conditions for expedited approval of a Foreign Expert Work Visa for high-tech professionals.
This track, commonly referred to as the “High-Tech and Cyber Foreign Experts Procedure,” allows Israeli high-tech companies to employ Highly Skilled Foreign Workers under accelerated processing timelines. It also enables the issuance of a general work permit for the spouse of a Foreign Specialist employed in a high-tech company.
In addition, the procedure permits employment in high-tech companies, without the obligation to pay an expert salary, of up to 500 foreign nationals who completed academic studies in high-tech disciplines at Israeli higher education institutions, for a period of up to three years from graduation, subject to specific conditions.
Following the outbreak of the Russia–Ukraine war in 2022, a special Foreign Expert Work Visa track was implemented for Ukrainian high-tech professionals, allowing employment for up to 90 days without salary threshold requirements, subject to submission of designated forms and documentation.
After Receiving the Foreign Expert Work Visa – What Are the Legal Limitations and Employer Obligations?
A Foreign Specialist who enters Israel under an expedited permit is authorized to work solely for the specific employer and project for which the permit was granted, and only for the approved duration. Employment in any other capacity or for another employer is strictly prohibited.
The expedited Foreign Expert Work Visa cannot be extended while the expert remains in Israel, and employment may not exceed 45 days. If continued employment is required, the specialist must exit Israel and a new application must be submitted under the appropriate procedure.
For projects expected to extend beyond 45 days, advance planning and legal consultation in the field of commercial immigration are strongly recommended.
The procedure allows the 45-day allocation to be divided into multiple employment periods within the same calendar year. If not all days are used, a new application is required for additional employment.
It is also mandatory that the Foreign Specialist’s passport be valid for at least six months.
If an application for a Foreign Expert Work Visa is denied, or if an existing permit is revoked, the employer and the expert are not necessarily without remedies. In certain cases, it is possible to submit an internal appeal or a renewed application addressing the deficiencies identified by the authorities.
However, once a permit is canceled, continued employment is strictly prohibited, and immediate compliance is required. Early legal assessment is crucial to determine whether corrective action or formal appeal is feasible.
Who Is This Permit Suitable For?
The expedited procedure is intended primarily for short-term assignments involving Highly Skilled Foreign Workers. It applies only to citizens of countries exempt from a B/2 visitor visa under the Entry into Israel (Visa Exemption) Order, 1974, including Western European and North American countries.
Nationals of countries not included in this exemption are generally ineligible for Employment of Foreign Specialists under the expedited framework.
How Is the Application Process Conducted?
Applicants must meet all conditions set out in the procedures governing Employment of Foreign Specialists.
Applications must be accompanied by original documents, authenticated by an attorney.
While official procedures specify defined processing timelines, actual review periods may vary considerably.
Applications involving complex projects, senior experts, or unconventional roles are often subject to enhanced scrutiny, which may extend processing times.
Incomplete documentation, clarifications requested by the authorities, or internal workload at the Ministry of Interior can also cause delays. Employers operating under tight project schedules should factor these realities into their planning.
Required Documents:
* Updated registration extract from the Companies Registrar, Partnerships Registrar, or Business Licensing Authority.
* For new Foreign Specialists: CV, diplomas, and certificates evidencing education, professional experience, and expertise. Documents not in Hebrew or English must be translated into Hebrew with notarized certification.
* If the employer is a foreign company without an Israeli branch: a power of attorney authorizing representation in Israel.
* If the employer is an Israeli company: an accountant’s certificate confirming the company is active and not subject to a going concern warning, along with a certified copy of National Insurance Form 122 submitted for Israeli employees over the previous three months.
* A detailed explanatory letter justifying the need for Employment of Foreign Specialists, supported by relevant documentation, including governmental endorsements where applicable.
* For extensions of expert-salary employment: a special accountant’s report.
**After preparation of the documentation and completion of the relevant forms, a service fee of NIS 1,190 must be paid and the application submitted online.
Why Is Professional Legal Guidance Essential for Employing Foreign Specialists in Israel?
The Employment of Foreign Specialists involves complex regulatory and bureaucratic processes. Legal guidance from an attorney specializing in commercial immigration can significantly shorten timelines and reduce procedural risks.
The Law Office of David Angel provides extensive experience and in-depth expertise in Employment of Foreign Specialists. We assist hundreds of Highly Skilled Foreign Workers in entering and working in Israel each year, supporting companies and organizations across diverse sectors.
Our firm offers the knowledge, experience, and practical tools required to navigate the process efficiently and successfully.
For practical legal assistance in this field, you are welcome to contact us at any time.
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