Hiring Foreign Experts in Israel: Legal Framework & Compliance Guide
- פרנקל אמסלם ושות'
- May 20
- 5 min read
In the era of globalization, geographical boundaries are increasingly blurring when it comes to the labor market. Israeli companies, similar to their Western counterparts, are increasingly seeking foreign experts with unique knowledge to address professional needs in various fields - from high-tech to traditional industries.
Israel welcomes hundreds of foreign experts annually who arrive for short and long periods to contribute their knowledge and experience. However, bringing a foreign expert to Israel is not simple and requires familiarity with the complex and frequently updated regulations in this field.
This article reviews the main principles for employing a foreign expert in Israel, the key challenges, and appropriate legal solutions.
Who is a "Foreign Expert" in the Eyes of Israeli Law?
Israeli law defines a foreign expert as an employee with special education or training, possessing unique knowledge and expertise that may not be readily available in the local market. Unlike other foreign workers, the foreign expert enjoys a preferred status reflected in employment conditions, residency options, and special permits.
The foreign expert can belong to various categories: from senior managers in international companies to chefs in ethnic restaurants, from lecturers and researchers in academic institutions to professionals in the technology sector. What they all have in common is the unique knowledge that is not widespread in Israel and the added value they bring to the Israeli employer.
Legal Framework and Regulatory Challenges
The legal field dealing with the employment of foreign experts in Israel is characterized by complex regulations including numerous laws, regulations, and procedures. The main challenge for employers is navigating the bureaucratic maze and meeting the changing requirements of the Population and Immigration Authority.
The legal process for employing a foreign expert includes two main stages: obtaining an employment permit from the Permits Division, and then acquiring a residence and work permit (B/1 visa) for the expert. This process requires careful preparation of numerous documents and familiarity with the authorities' work procedures and the Entry into Israel Law.
One of the significant challenges for employers is meeting the "expert salary" requirement - payment of a salary twice the average wage in the economy. This requirement, designed to ensure that only genuine experts are employed under this category, sometimes constitutes a significant economic barrier for small and medium-sized companies.
Unique Tracks for Employing Foreign Experts
Over the years, the State of Israel has developed several unique tracks for employing foreign experts, adapted to the changing needs of the economy:
The Expedited Track for Short Periods
One of the significant innovations in the field is the "Expedited Procedure" allowing the entry of a foreign expert for a period of up to 45 days in a calendar year. This track, established in Procedure 5.3.0040, addresses urgent and short-term needs, such as equipment installation, professional training, or consulting services.
The significant advantage of the expedited track is the shortened processing time for applications and the simplification of the bureaucratic process. However, it is limited to experts from visa-exempt countries (mainly Western countries) and does not allow employment beyond the defined period without leaving the country.
High-Tech and Cyber Track
As part of its efforts to promote the high-tech industry, Israel established a dedicated track for technology companies seeking to employ foreign experts. This track, established in Procedure 5.3.0043, offers significant benefits such as expedited processing of applications, work visas for spouses of experts, and even partial exemption from the "expert salary" requirement for graduates of academic institutions in Israel.
This track well expresses the balance that the state is trying to create between the need to protect the local labor market and the desire to promote advanced industries that rely on international knowledge and talent.
Challenges and Practical Issues
Employing an Expert Without Appropriate Permit
One of the common mistakes is employing a foreign expert without an appropriate permit or in violation of the permit conditions. Sanctions for these violations are severe and may include administrative fines of up to 5,000 NIS per workday, and criminal proceedings against the employing company and its owners.
Limitation on Duration of Stay
Israeli law limits the maximum period of stay for a foreign expert to 63 months (5 years and 3 months). Extension beyond this period requires proof of exceptional circumstances and a complex procedure. Proper planning of the employment period is critical for employers planning long-term projects.
The Right to Bring Family Members
A foreign expert is entitled to bring immediate family members (spouse and children under 18), subject to several limitations. This right, which distinguishes the category of experts from other foreign workers, is a significant consideration for experts considering coming to Israel for extended periods.
Employer's Obligations Towards the Foreign Expert
An employer of a foreign expert is required to meet various obligations: from ensuring payment of "expert salary" (if relevant), through depositing the salary in a dedicated bank account in the employee's name, to orderly reporting to the authorities on the beginning and end of employment. Compliance with these obligations is essential both to ensure the employee's rights and to maintain the ability to employ foreign experts in the future.
The Importance of Professional Legal Guidance
Experience shows that professional legal guidance significantly improves the chances of success in bringing foreign experts to Israel. An attorney specializing in commercial immigration brings:
Familiarity with changing procedures - immigration regulations are frequently updated, and professional guidance ensures work according to the most current procedures.
Experience in preparing the case - the way the application and attached documents are presented substantially affects the chances of approval. An experienced attorney knows how to organize information in a way that emphasizes aspects important to the authorities.
Knowledge of efficient processing channels - experience working with authorities enables identification of efficient action channels and significant reduction in processing times.
Response to complex cases - when unexpected challenges or objections from authorities arise, an experienced attorney knows how to provide creative solutions and deal with difficulties.
Conclusion
Employing foreign experts in Israel is a complex field combining legal, economic, and practical aspects. As the Israeli economy continues to integrate into the global market, the need to bring foreign experts with unique knowledge and experience increases.
Proper navigation of the regulatory system, selection of the appropriate track, and thorough preparation of applications are the key to success in the process. Professional legal guidance from a citizenship status attorney not only eases coping with bureaucratic challenges but also allows employers to focus on the professional and business aspects of integrating the foreign expert into the organization.
Understanding the complexity of the field and the required advance preparation will enable Israeli employers to take advantage of the opportunities inherent in employing international experts, while complying with legal requirements and ensuring a positive experience for the foreign expert themselves.
This article is intended for general information purposes only and does not constitute legal advice. For legal advice tailored to your specific circumstances, it is recommended to consult with an attorney specializing in immigration law.
