Accountant Certification in Work Permit Applications for Foreign Experts

Alongside the experts and professionals already in Israel, there is sometimes a need to bring foreign experts from other countries. Naturally, employing a foreign worker in Israel requires obtaining all the necessary legal approvals. Among these is an accountant’s certification regarding the activities of the company requesting the employment permit. In this article, Attorney Michael Decker from our firm explains the value of accountant certification in work permit applications and how the process works.

Foreign workers in Israe; are often associated with manual labor requiring long hours and physical effort, such as caregiving—where a caregiver resides with the patient 24/7—or the construction industry, which involves physical work. However, this is not always the case. Israeli companies sometimes seek work permits for foreign experts who bring unique expertise, years of academic training, and extensive experience in a specific field.

In today’s interconnected global world, the boundaries between countries—once clear and definitive—are no longer barriers if we wish to a find a future in a different land. Just as many Israelis relocate abroad for work, professionals and academics from other countries often wish to spend several years in Israel to learn, work, and contribute to Israeli society in various fields. This includes tech and cybersecurity experts, senior industry figures, academics, researchers, lecturers, medical professionals, diamond specialists, artists, and even foreign journalists and photographers.

Just as Israelis relocating abroad require work permits in their destination countries, foreign experts seeking to work in Israel must obtain a work permit, and their employers must secure an employment permit. Among the required documents is an accountant’s certification that the company requesting the employment permit is an active entity without a going concern warning—meaning no doubts about the company’s ability to continue its operations for at least one calendar year.

What Is Required of the Foreign Expert?

The Foreign Workers Law applies to any worker arriving from another country who seek paid work in Israel. Regardless of their education or expertise, foreign experts must present documentation of their qualifications to the relevant authorities in Israel. It is highly recommended to engage an immigration attorney familiar with the law in all its nuances. Such professionals can provide essential assistance in obtaining all necessary permits and enabling the foreign expert to secure the appropriate work visa.

The foreign expert must obtain a B/1 visa. This is a temporary work visa granted to foreign workers employed in fields experiencing a labor shortage or requiring specific expertise and knowledge. Similarly, the employer is required to navigate bureaucratic procedures to apply for an employment permit for the foreign expert.

Among the essential requirements for the employer is obtaining an accountant’s certification, confirming that the company seeking the employment permit is operational and does not have a going concern warning. This indicates the company’s ability to operate without financial concerns for at least one year.

Steps for Applying for a Foreign Expert Employment Permit

• Completing the “Application for a Permit to Employ an Expert Foreign Worker” form and submitting it to the Permits Unit for Foreign Experts at the Ministry of Interior.
• Signing an accompanying affidavit certified by a lawyer.
• Providing an updated company report, including the registration with the Companies Registrar, signed by a licensed accountant.
• Paying the application fee of 1,340 ILS (as of 2024).

The employment permit is valid for one year but can be extended up to a maximum of five years. At the beginning of the process, it is crucial to prepare supporting documents to demonstrate both the company’s need for the foreign expert and the expert’s willingness to work in Israel legally and formally.

Required Documents for a Foreign Expert Employment Permit Application:

1. An updated company report containing company details, certified by an immigration lawyer or accountant, obtained from an official source such as the Companies Registrar.
2. Certified copies of Form 102 submissions to the National Insurance Institute for the past three months. The copies must be certified by a lawyer or accountant.
3. For new experts who have not yet visited Israel, a CV, academic degree certification, or professional certificates must be submitted. These documents must be translated into Hebrew with a notarized translation.
4. A certificate from an accountant confirming the company is active and free of a “going concern” warning.
5. For applications to extend an existing employment permit, an accountant’s certification of “expert salary payments” must be submitted.
6. A foreign company without a branch in Israel must provide a power of attorney for the person submitting the permit application.
7. A detailed letter explaining the need for the foreign expert, accompanied by supporting documents.

Throughout the process, significant documents certified by a lawyer or embassy official must be presented. The aim is to justify and substantiate why the foreign expert’s residency in Israel is essential and to ensure compliance with all legal and procedural requirements.

The Role of an accountant certification in work permit applications:

1. Confirming the employing company is active and operational, both in the current and the previous year.
2. Certifying that expert-level salaries have been paid to all foreign experts employed by the company.
3. Providing Form 102 submissions to verify that the company employs Israeli workers.
4. Assisting in cases of permit extensions for existing foreign experts.

It is essential for international companies to have an Israeli accountant review company records and documentation to confirm the company’s compliance and active status, especially when employing foreign experts. Sometimes questions arise about whether the company’s main operations are centered in Israel or abroad, but it must always be demonstrated that the company is operational in Israel.

Simplify the Process by Relying on Experts:

Navigating the bureaucratic process with various authorities can be confusing and time-consuming. To ensure everything is done correctly and legally, particularly if this is your first time seeking to employ foreign experts, it is advisable to consult an experienced Israeli immigration and visa lawyer.

From understanding the nuances of the Foreign Workers Law to completing application forms and coordinating with an accountant, having a knowledgeable professional guide you through the process is invaluable. Contact us for assistance, advice, and support throughout the application process.

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055-9781688

office@lawoffice.org.il