What Employers Must Verify About Visa Status Before Hiring Foreign Nationals [Licensed Immigration Specialist]
A licensed immigration specialist explains the types of visa status, how to read a residence card, and how to verify employment restrictions — all of which employers must check before hiring a foreign national. Also covers the risk of the crime of facilitating illegal employment, and visa-by-visa eligibility guidelines.
When hiring foreign nationals, verifying their status of residence is the employer's legal obligation. If you hire a foreign national working illegally due to a failure to verify — or an insufficient verification — saying "I didn't know" will not protect you. The company may be prosecuted under the crime of "facilitating illegal employment" under the Immigration Control Act. This article organizes the key points to verify before making a hiring decision.
Why Verifying Visa Status Before Hiring Is Required
Foreign nationals must hold a status of residence that permits employment in order to work in Japan. If a company hires a foreign national without verifying their status of residence — or with an insufficient check — and that person turns out to be working illegally, the company may be charged with the crime of "facilitating illegal employment" under Immigration Control Act Article 73-2.
In addition, reporting foreign national employment status is also legally required (Employment Measures Act). Employers must notify Hello Work (public employment security offices) when hiring or when a foreign national employee leaves.
Three Patterns of Employment Eligibility by Visa Status
Employment eligibility based on status of residence falls into three broad patterns.
Pattern ①: No Employment Restrictions (Any Type of Work Permitted)
The four visa statuses — Permanent Resident, Spouse or Child of Japanese National, Spouse or Child of Permanent Resident, and Long-Term Resident (Teijusha) — allow work regardless of industry, job type, or employment style. The "Employment Restriction" field on the residence card reads "No employment restrictions."
Foreign nationals with these statuses can be hired on the same basis as Japanese nationals, and no additional immigration-related procedures are generally required.
Pattern ②: Employment Only Within the Scope of the Visa Status
Visa statuses such as Engineer / Specialist in Humanities / International Services, Skilled Labor, and Specified Skilled Worker only permit work within the activity scope defined for each status. The residence card reads "Only work activities based on the status of residence are permitted."
Pattern ③: Employment Generally Prohibited (Permitted Only With Permission to Engage in Activities Outside Scope)
Visa statuses such as Student and Dependent generally do not permit employment. The residence card reads "Employment not permitted." However, if permission to engage in activities outside the scope of status has been granted, employment is permitted under specified conditions.
Students and dependents who hold this permission are generally allowed to work part-time for up to 28 hours per week (and up to 8 hours per day / 40 hours per week during summer and winter school breaks for students).
What to Check on the Residence Card
Before hiring, always ask the applicant to present their original residence card (not a photocopy — the original must be presented) and verify it in person.
Front Side: What to Check
| Item to Check | What to Verify |
|---|---|
| Photo | Confirm the card belongs to the person presenting it |
| Name, date of birth, nationality | Are they consistent with the resume and passport? |
| Status of residence | What visa status does this person hold? |
| Period of stay / expiration date | How long are they permitted to remain in Japan? |
| Employment restriction status | Are they permitted to work, and under what restrictions? |
If the period of stay has already expired, the person is in Japan illegally. However, if there is a stamp indicating that a renewal application has been filed, the person is waiting for the result of that application.
Back Side: What to Check
For visa statuses that do not permit employment (Student, Dependent, etc.), check the "Permission to Engage in Activities Outside Scope of Status" field on the back of the card. If either of the following is written, employment is permitted within the stated conditions:
- "Permitted (generally up to 28 hours per week; not including work at entertainment businesses, etc.)"
- Any other individual-specific notation
Quick Reference Table: Employment Eligibility by Visa Status
| Status of Residence | Full-Time Employment | Part-Time Work | Job Type Restrictions |
|---|---|---|---|
| Permanent Resident | ✓ | ✓ | None |
| Spouse or Child of Japanese National | ✓ | ✓ | None |
| Long-Term Resident (Teijusha) | ✓ | ✓ | None |
| Engineer / Specialist in Humanities / International Services | ✓ | △ | Within visa scope |
| Specified Skilled Worker | ✓ | ✗ | Designated fields only |
| Student (with outside-scope permission) | ✗ | ✓ (up to 28 hrs/week) | Excluding adult entertainment businesses |
| Dependent (with outside-scope permission) | ✗ | ✓ (up to 28 hrs/week) | Excluding adult entertainment businesses |
| Temporary Visitor | ✗ | ✗ | No employment permitted |
Using the Certificate of Authorized Employment
The residence card alone may not always be sufficient to confirm in detail whether a foreign national on a work visa can legally perform the specific duties at your company. In particular, when hiring someone who has changed jobs — especially if you intend to assign duties different from their previous role — consider requesting that they obtain a "Certificate of Authorized Employment."
A Certificate of Authorized Employment is a document the foreign national applicant obtains from the Immigration Services Agency, certifying that the job duties at their new employer fall within the permitted scope of their visa status. As of April 2025, the fee is 2,000 yen for counter applications and 1,600 yen for online applications.
Procedures Required on the Company's Side After Hiring
Once hiring is confirmed, the following steps are also required from the employer.
Report to Hello Work: Foreign National Employment Status Notification
When hiring a foreign national (excluding special permanent residents and those in Diplomatic or Official status), the employer must notify Hello Work within the 10th of the following month after hiring (for those enrolled in employment insurance) or by the end of the following month (for those not enrolled). This is a legal obligation — failure to comply is subject to penalties.
Supporting Visa Change and Renewal Applications
For new graduates hired from a student visa status (and other cases requiring a status change), the company is expected to support the process by preparing required documents such as an employment contract and company profile.
Frequently Asked Questions
Q. Is it acceptable to verify using a photocopy of the residence card?
A. Verification using the original card is the standard requirement. A photocopy alone does not allow adequate confirmation of the expiration date or the authenticity of the information. Always ask to see the original at the time of hiring. Keeping a photocopy on file is fine, but the verification itself must be done with the original.
Q. Can I hire a foreign national who does not have a residence card?
A. In some cases, a foreign national may be eligible to work without a residence card — for example, those who have just been granted landing permission and whose card will be issued later, or those with a permitted stay of 3 months or less. In such cases, employment eligibility must be confirmed through the passport or the landing permission stamp. If you are uncertain, consulting a specialist is recommended.
Q. My foreign national employee's visa renewal application is pending. Is it okay to continue employing them?
A. Even after the period of stay has expired, if a renewal application is pending, the employee may continue working under their previous status of residence (Immigration Control Act Article 20-6; stay pending special provision). However, if the application is rejected, you must respond promptly. We recommend that your company also proactively monitor the expiration dates of your employees' periods of stay.
Q. I want to hire an international student as a full-time employee. What procedures are involved?
A. Hiring an international student as a full-time employee requires a change of status after graduation to a work visa (such as the Gijinkoku visa). The process typically takes 1 to 3 months from application to approval, so for April start dates, the application should be submitted between December of the prior year and the end of January. Employment cannot begin until approval is granted, so schedule management is critical.
Summary: Pre-Hiring Verification Checklist
- Did you verify the original residence card in person?
- Is the period of stay still valid? (If a renewal application is pending, the stay-pending special provision may apply)
- What is the person's visa status?
- Did you confirm the employment restriction status and any conditions?
- If employment is generally not permitted, does the person hold permission to engage in activities outside their visa scope? (Check the back of the card)
- Are your company's job duties compatible with the person's visa scope?
- Did you file the Foreign National Employment Status Notification with Hello Work after hiring?
If you have any questions about verifying visa status or the hiring process, we recommend consulting a licensed immigration specialist.
This article is based on official information from the Immigration Services Agency of Japan and practical experience. Details of the rules vary depending on individual circumstances. Always verify the latest information on the Immigration Services Agency's official website.
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