Are you an HR manager at a foreign-owned company in Japan preparing to hire a foreign national for the first time?
Hiring a foreign employee in Japan involves immigration requirements that do not apply when hiring Japanese nationals.
One of the most important questions is:
Does the candidate have a status of residence that legally permits them to perform the proposed job in Japan?
A foreign national's lawful residence in Japan does not necessarily mean they are permitted to work in any position or for any employer.
At IMS Legal Professional Corporation, we assist companies, including foreign-owned businesses operating in Japan, with immigration procedures for international employees.
This guide explains what HR teams should check before making an employment offer, how the immigration process works, and what employers need to do after hiring.
Three Things HR Should Check Before Making a Job Offer
01
Immigration Status
What is the candidate's current status of residence, and when does it expire?
02
Job Responsibilities
Does the candidate's immigration status permit the specific duties of the proposed position?
03
Qualifications
Does the candidate meet the educational, professional experience, and other applicable requirements?
These checks should ideally take place before the employment offer and start date are finalized, rather than after recruitment has been completed.
Contents
- Check the Candidate's Immigration Status Before Making an Offer
- How to Check a Japanese Residence Card
- Why Job Responsibilities Matter
- Hiring a Foreign National from Overseas
- Hiring a Foreign National Already Living in Japan
- What Is a Certificate of Eligibility (COE)?
- Employer Obligations After Hiring
- Immigration Compliance Risks for Employers
- Why IMS Recommends Immigration Checks Before Hiring
- Immigration Support for Foreign-Owned Companies
1. Check the Candidate's Immigration Status Before Making an Offer
When hiring a foreign national in Japan, the first step is to identify the candidate's current status of residence.
Common categories include:
- Engineer/Specialist in Humanities/ International Services
- Highly Skilled Professional
- Specified Skilled Worker
- Intra-company Transferee
- Student
- Dependent
- Spouse or Child of Japanese National
- Permanent Resident
Each status has different conditions regarding the activities permitted in Japan.
For example, Permanent Residents, Spouses or Children of Japanese Nationals, Spouses or Children of Permanent Residents, and Long-Term Residents generally have no immigration-related restrictions on their employment activities.
By contrast, a person holding Engineer/Specialist in Humanities/ International Services status must work within the scope of activities permitted under that category.
Students and Dependents may be eligible for permission to engage in activities outside their status of residence, but such permission does not generally authorize unrestricted full-time employment.
HR Takeaway: Never assume that a candidate can accept a full-time position simply because they already live in Japan. ↑ Back to Contents
2. How to Check a Japanese Residence Card
Foreign nationals residing in Japan for the medium or long term are generally issued a Residence Card (zairyu card).
When reviewing a candidate's card, HR should check:
- Photograph and name
- Status of residence
- Period of stay and expiration date
- Employment restrictions
- Permission to engage in activities outside the status of residence, if applicable
The Immigration Services Agency provides tools for checking residence card information, including a residence card reader application and a card-number validity inquiry service.
However, a result indicating that a card number has not been invalidated does not, by itself, guarantee that the physical card is genuine.
It is also important to confirm that the proposed employment is permitted under the candidate's immigration status.
HR Takeaway: A valid residence card and authorization to perform the proposed job are two separate matters. ↑ Back to Contents
3. Why Job Responsibilities Matter: A Work Visa Does Not Cover Every Job
One of the most common misunderstandings in foreign employee recruitment concerns the Engineer/Specialist in Humanities/ International Services status.
This category may cover professional activities involving specialized technical knowledge, academic expertise, or international services.
Examples include:
- IT engineering
- Technical design
- Marketing
- Translation and interpretation
- Certain specialized business and international operations
However, holding this status does not automatically authorize the individual to perform any job at any company.
Immigration examines the actual duties of the position and, where applicable, the relationship between those duties and the employee's educational or professional background.
Example: Two Positions Both Called "Sales"
One position may involve corporate account management, international sales strategy, or specialized marketing activities.
Another may primarily involve general retail sales or routine customer service.
These positions may be assessed differently for immigration purposes.
HR Takeaway: Immigration eligibility depends on the actual work performed, not merely the job title.
Before confirming an offer, HR should review the job description, candidate qualifications, and appropriate status of residence. ↑ Back to Contents
4. Hiring a Foreign National from Overseas
When a Japanese company hires someone who currently lives outside Japan, the immigration process generally follows these steps:
1
Review the proposed duties and the candidate's education and work experience.
2
Finalize the employment terms and relevant contractual documents.
3
Apply for a Certificate of Eligibility (COE) in Japan.
4
After COE issuance, the candidate applies for a visa at the relevant Japanese embassy or consulate.
5
Following visa issuance, the candidate travels to Japan and undergoes immigration examination upon arrival.
The exact requirements and supporting documents vary according to the status of residence, employment arrangements, and candidate's circumstances.
Employers should therefore confirm immigration eligibility before making firm commitments regarding the employment start date.
HR Takeaway: COE processing and overseas visa issuance should be incorporated into the recruitment timeline. ↑ Back to Contents
5. Hiring a Foreign National Already Living in Japan
The process differs when the candidate is already residing in Japan.
If the Candidate Currently Holds Student Status
A foreign student graduating from a Japanese university or vocational institution will generally need to obtain an appropriate work-authorized status before beginning full-time professional employment.
For example, the candidate may need to apply for a change from Student to Engineer/Specialist in Humanities/ International Services.
A full-time position requiring work authorization generally cannot begin until the necessary change of status has been approved.
If the Candidate Already Holds a Work-Authorized Status
A candidate who already holds Engineer/Specialist in Humanities/ International Services status may be able to change employers without first obtaining a new status, provided the proposed duties remain within the activities authorized.
However, this should not be assumed without reviewing the job responsibilities.
Where there is uncertainty, a Certificate of Authorized Employment may be useful in confirming whether the proposed work falls within the existing status.
Other categories, including Highly Skilled Professional, may have different requirements when the sponsoring organization changes.
If the Candidate Is a Permanent Resident or Holds a Qualifying Family-Based Status
Permanent Residents and certain family-based status holders generally have no immigration-related restrictions on the types of employment they may undertake.
Nevertheless, HR should verify the individual's current immigration documentation and validity.
HR Takeaway: Hiring someone already living in Japan does not necessarily eliminate the need for immigration review or an application. ↑ Back to Contents
6. What Is a Certificate of Eligibility (COE)?
A Certificate of Eligibility, commonly called a COE, is issued by Japan's Immigration Services Agency.
It provides advance examination of whether the intended activities meet the relevant immigration requirements, including the applicable landing criteria.
The COE is commonly used when bringing foreign employees to Japan from overseas.
A COE is not the same as a visa.
After the COE is issued, the foreign national generally applies for a visa at the relevant Japanese diplomatic mission.
Visa issuance and permission to enter Japan remain separate steps.
HR Takeaway: Receiving a COE does not mean the employee has completed every procedure necessary to enter Japan. ↑ Back to Contents
7. Employer Obligations After Hiring
Immigration compliance does not end when the employee receives permission to work.
Employers in Japan are generally required to submit a Notification of Foreign National Employment Status when hiring or when a foreign national leaves employment, subject to statutory exclusions.
The reporting method and deadline depend on whether the individual is covered by employment insurance.
Companies should also maintain appropriate internal records of foreign employees' immigration status and expiration dates.
Recommended HR Tracking Items
- Current status of residence
- Residence expiration date
- Expected renewal period
- Changes in employment or job responsibilities
- Immigration-related notifications, where applicable
These measures can help reduce the risk of missed renewal deadlines and unauthorized employment.
HR Takeaway: Immigration compliance should be incorporated into routine employee onboarding and HR administration. ↑ Back to Contents
8. Immigration Compliance Risks for Employers
Unauthorized employment is not solely an issue for the foreign employee.
Employers may also face legal consequences if they employ or facilitate the employment of foreign nationals who are not authorized to perform the relevant activities.
Japan's Immigration Services Agency advises that employers cannot necessarily avoid responsibility simply by claiming they were unaware of an employee's unauthorized work, particularly where appropriate checks were neglected.
The Japanese article on which this guide is based also discusses legislative changes to penalties for facilitating unauthorized employment scheduled for April 2027.
Because the applicable penalties and effective dates are subject to legislation, employers should consult the current official provisions when assessing compliance risks.
HR Takeaway: Checking immigration eligibility before employment begins is an important part of corporate risk management. ↑ Back to Contents
9. Why IMS Recommends Immigration Checks Before Hiring
In our immigration practice, companies sometimes identify their preferred candidate before reviewing whether the proposed employment arrangement meets immigration requirements.
Subsequent review may reveal issues such as:
- The candidate's current status does not authorize the proposed duties.
- Additional explanation is needed regarding the relationship between the candidate's qualifications and the job.
- A change of status is required.
- Immigration procedures may not be completed before the desired start date.
These issues can affect recruitment schedules and the company's ability to deploy the employee as planned.
For this reason, IMS recommends evaluating the proposed duties, immigration status, educational background, and professional experience before finalizing the employment arrangements.
This is particularly important for foreign-owned companies establishing their first local HR processes in Japan.
IMS Practice Insight
The question is not simply whether a candidate has a Japanese work visa.
The more important question is whether the candidate is legally authorized to perform the specific duties for the proposed employer, from the intended start date. ↑ Back to Contents
10. Immigration Support for Foreign-Owned Companies in Japan
For companies hiring foreign nationals in Japan, the immigration process involves more than obtaining a work visa.
Before proceeding, HR teams should be able to answer:
- Can we legally employ this candidate?
- Are the proposed job responsibilities permitted?
- Which immigration status is appropriate?
- When can the employee legally begin work?
- What documents must the company prepare?
- What notifications or renewals will be required after hiring?
IMS Legal Professional Corporation provides immigration support to corporate HR teams, including foreign-owned companies operating in Japan.
Our Corporate Immigration Services
- Pre-employment immigration eligibility reviews
- Work visa and status-of-residence applications
- Certificate of Eligibility applications for overseas hires
- Change-of-status applications
- Intra-company transfer procedures
- Residence status renewals
- Guidance on immigration documentation and procedures
Whether your company is hiring its first foreign employee or managing an established international workforce, IMS can assist with the relevant immigration procedures.
Planning to Hire a Foreign Employee in Japan?
Speak with IMS about your proposed position, the candidate's immigration status, and the procedures required before employment begins. Contact IMS Corporate Immigration Services ↑ Back to Contents
Frequently Asked Questions
Can we hire a foreign national who already has a Japanese work visa?
Possibly. HR must confirm that the candidate's existing status authorizes the proposed job duties. Some statuses require additional immigration procedures when changing employers.
Can a foreign student begin full-time work before a change of status is approved?
A student generally needs an appropriate work-authorized status before starting full-time professional employment. An application receipt alone does not authorize work beyond the activities permitted under the current status.
Does a job offer guarantee work visa approval?
No. Immigration assesses the proposed activities, qualifications, employment conditions, and other applicable requirements. An employment offer does not guarantee approval.
Is a COE the same as a Japanese visa?
No. A COE is used for advance immigration examination. A separate visa application is generally required at a Japanese embassy or consulate before traveling to Japan.
Can an employee with Highly Skilled Professional status change employers without immigration procedures?
Highly Skilled Professional status can be tied to the designated employing organization. A change of employer may require a change of status application before employment at the new organization can begin.
Related Resources
Official References
- Immigration Services Agency: Engineer/Specialist in Humanities/ International Services
- Immigration Services Agency of Japan
- Ministry of Health, Labour and Welfare
Disclaimer: This article provides general information about Japanese immigration procedures. Eligibility depends on the proposed job duties, the applicant's qualifications and experience, contractual arrangements, remuneration, employer circumstances, and other applicable requirements. Immigration approval cannot be guaranteed.
