Preventing Foreign Employees' "Work Visa Denials": The Behind-the-Scenes Review Process and Countermeasures HR Professionals Need to Know

An increasing number of companies are struggling with such issues: hiring and offering a job to top-tier foreign talent, only to have them unable to join the company because their visa was denied, or being forced to leave their jobs because their visa renewal was rejected.

Here is an explanation of the key points and measures regarding work visa (such as "Technology/Humanities/International Services") screening that companies need to keep in mind.

1. Relationship between educational/work background and "actual job responsibilities"

What is most emphasized in the screening is the "relevance" between the applicant's major field of study/background and the duties they will perform at your company. For example, as a general rule, it is not permitted to assign someone who majored in economics at university to mainly perform on-site IT engineering work. Furthermore, even in the case of general-track recruitment, if it is determined that there is a high proportion of simple tasks (such as cashier work or cleaning on-site), the application will be denied.

2. Difference between company "category" and submitted documents

Companies are classified into categories 1 through 4 based on their size and track record. Compared to listed companies and others in categories 1 and 2, newly established companies and small to medium-sized enterprises (categories 3 and 4) are required to submit more rigorous evidentiary documents, such as a "business plan" and "financial statements," to prove the stability and continuity of their business. If a company is operating at a loss, it is mandatory to attach a reasonable business plan demonstrating prospects for future profitability.

3. Details in the "informal job offer" or "employment contract"

It is an absolute requirement that the salary amount is "equal to or greater than that of Japanese nationals." In addition, if the job duties described in the employment contract are ambiguous, it will raise questions for the examiner. Describing the contract contents using accurate expressions based on the Immigration Control Act is the shortcut to a smooth approval.

Consulting services for corporate visa procedures are available

Hiring foreign nationals and managing their visas carries the risk of legal violations (such as the crime of promoting illegal employment) if even a single misstep is made. Our firm provides end-to-end support, ranging from pre-offer visa eligibility assessments and statement of reason drafting to proxy applications to the Immigration Services Agency. Companies looking to significantly reduce internal procedural costs are welcome to contact us.