Background

Procedure 9.4.0004 for Employing Foreign Employees in Unique Technological and Mechanization Work is the basis of the governmental arrangement concerning the employment in Israel of foreign experts in certain technological and mechanization work that can be done only by such foreign experts.

Object of the Procedure

The purpose of this Procedure is to detail the arrangements and procedures for filing applications to the Permit Department regarding the Service of Employers and Foreign Employees Administration (the “Permit Department”) and to the Regional Population Administration Offices (the “Offices”) of the Population and Immigration Authority (the “PIA”).

Work Permit Application Submission According to Procedure 9.4.0004

According to Procedure 9.4.0004 the company is allowed to submit a work permit application only for projects that are defined in time, place and scope of work.

The application should be submitted in writing, at list 6 month before the project commencement day.

If the project is carried out by virtue of a National Infrastructure Plan (NAV) or of a government decision, it must be mentioned in the application.

The application must be detailed and reasoned, supported by an affidavit from the company CEO. The application and affidavit should include the following information:

  1. The nature of the work and the unique technology and mechanization that will be used in the project.
  2. The list of professions in which the employees will be employed.
  3. The number of necessary employees for each profession.
  4. Project GANT which specifies how many employees will be required for each stage of the project.
  5. Details about the number of Israeli employees that are expected to work in the project, if any, as well as details of the company’s intention to train the employees and teach them to work with the unique technology and mechanization.

The affidavit must be signed by the company’s CEO in front of an Israeli lawyer in Israel or in front of the Israeli consulate abroad.

A detailed explanation letter supported by an affidavit of the engineer accompanying the project. The affidavit must be signed by the engineer in front of an Israeli lawyer in Israel or in front of the Israeli consulate abroad

A detailed affidavit concerning the project signed by the Israeli private entity commissioner that invites the project, or if it is a Government entity, a detailed supporting letter from the governing body that accompanies the project

A certified copy of the contract signed between the contracting party and the foreign company performing the work

All the above-mentioned documents should be submitted to the “Permit Department” Committee that will examine them and make a decision.

The Committee may, at its discretion, require the completion of documents from the company and invite its representatives to hearings. The Committee may invite the company’s representative or the entity’s commissioner representative that invites the project to answer the questions of the committee members. The Commission may also visit the project execution site in order to get a closer look at the uniqueness of the technology and mechanization used in the project.

Following the Committee’s approval, the “Permit Department” will Inform the company that they approved a principal Approval for Employment for the employees. Following the receipt of the work permit approval, the company must act as follows:

Pay the work Permit Government fee of NIS 1,190 per employee

Pay the work Visa Government fees of NIS 1,190 per employee

Deposit NIS 15,000 of bank guaranty for each employee

Provide the name of an Israeli citizen with proven experience and skills in the field of human resources management that will be approved by the work permit unit and that will be monitoring the company activity

Provide a list with the employees names, passport numbers, passports validation, dates of birth, time of arrival and previously spent in Israel, and supporting letter form the company

Provide passport copy of each employee valid for at least 6 months after the work permit expiration day

A duly signed affidavit by each employee invited to work in Israel declaring that he has the necessary experience, training and expertise in performing the unique work that will be performed on the project

Following the fulfillment of the conditions mentioned above, the relevant work visa will be issued for each of the employees and the employees will be able to work in Israel legally.

We would be pleased to be of assistance, should you require any further information please contact me at iftach@hi-immigrationlaw.com

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