The first hurdle companies face when considering hiring international talent for the first time is uncertainty about what procedures are required and what they need to prepare. In particular, failing to verify status of residence or delaying notification to Hello Work can create legal risk for the employer.

This article explains foreign worker hiring procedures from a hiring manager’s practical perspective. From how to check status of residence to Hello Work notification obligations and a list of required documents, we have organized the steps so even a first-time hire can proceed smoothly. We also cover criteria for determining work eligibility and common failure patterns in the field, so you can use this as a pre-hire checklist.

The Legal Framework and Latest Trends Surrounding Foreign Worker Employment

The number of foreign workers in Japan reached approximately 2.29 million as of the end of October 2024 (Ministry of Health, Labour and Welfare, “Summary of Foreign Employment Status Notifications”), continuing to set record highs. While hiring international talent is becoming a common option even for small and medium-sized enterprises, employment procedures involve multiple laws and regulations.

There are three key laws that hiring managers should understand at a minimum.

  • Immigration Control and Refugee Recognition Act (Immigration Control Act): Defines types of status of residence, work eligibility, and periods of stay. Violations can also subject the employer to the crime of promoting illegal employment (imprisonment of up to 3 years or a fine of up to 3 million yen)
  • Labor Standards Act and Minimum Wage Act: Apply equally to foreign workers as to Japanese workers. Wage discrimination based on nationality is prohibited
  • Act on Comprehensive Promotion of Labor Policies (Article 28 of the Employment Measures Act): Requires notification of foreign employment status to Hello Work both upon hiring and separation. Failure to notify is subject to a penalty of up to 300,000 yen

Under the amended Immigration Control Act that took effect in June 2024, the fields eligible for Specified Skilled Worker (ii) were significantly expanded from 2 fields (construction and shipbuilding) to 11 fields (excluding nursing care). Further system changes are likely going forward, so confirming the latest information at the time of hire is essential.

For a systematic explanation of the types and structure of status of residence overall, see List of Status of Residence Types.

Status of Residence Types and Work Eligibility You Must Check Before Hiring

The first task when employing a foreign national is verifying their status of residence. Work eligibility, industry, and hours are restricted depending on the status of residence, and missing this check creates a risk of being charged with promoting illegal employment. Statuses of residence fall into three broad categories from a work-eligibility perspective.

No work restrictions (may work regardless of industry or job duties)

  • Permanent Resident: Obtained through repeated renewals of the period of stay. Full-time work is permitted
  • Spouse or Child of Japanese National: Status of residence based on a marital relationship with a Japanese national
  • Long-Term Resident: Includes third-generation Japanese descendants and recognized refugees, among others. No work restrictions
  • Spouse or Child of Permanent Resident: Based on a marital relationship with a Permanent Resident

The four types above are called “status of residence based on personal status” and allow work on the same basis as Japanese nationals.

Work permitted only in specific industries or job duties

  • Engineer/Specialist in Humanities/International Services: Systems engineers, interpreters, trade operations, design, and similar roles
  • Specified Skilled Worker (i) and (ii): 14 eligible fields including nursing care, construction, and manufacturing (see List of 14 Specified Skilled Worker Occupations)
  • Skilled Labor: Work requiring specialized skills, such as chefs of foreign cuisine
  • Highly Skilled Professional (i) and (ii): Researchers, highly skilled engineers, executives, and similar roles

These are called “work-related statuses of residence,” and working beyond the authorized scope of activities is illegal. For example, assigning someone with Engineer/Specialist in Humanities/International Services status to a factory production line may fall outside the scope of that status of residence.

Permission for activities outside status required, or work not permitted

  • Student: Work is not permitted in principle. With permission for activities outside status, up to 28 hours per week (up to 8 hours per day during long school breaks)
  • Dependent: Work of up to 28 hours per week is permitted only if permission for activities outside status has been obtained
  • Temporary Visitor: Work not permitted (tourism/business visa)

In principle, status of residence should be verified by inspecting the actual residence card (both front and back). Always check the “Work restrictions” field and the period of stay expiration date, and if the expiration date is approaching, also confirm with the individual the status of their renewal procedures.

Five Procedure Steps from Hiring to Onboarding

Diagram: Foreign worker hiring procedure flow (pre-hire confirmation flow)

Job posting and interview → Verify status of residence and work eligibility → Offer and present employment conditions (in writing) → Application to change status of residence (if required: 1–3 months) → Onboarding and Hello Work notification (by the end of the following month)

Below, we explain the practical points for each step.

Step 1: Job posting and interview

For recruiting international talent, in addition to the same channels used for Japanese candidates (Hello Work and job sites), you can use staffing agencies that specialize in foreign workers. In interviews, in addition to confirming Japanese language ability and work experience, confirming the candidate’s current status of residence and expiration date verbally in advance will make subsequent screening smoother.

Step 2: Verify status of residence and work eligibility

It is common to request a copy of the residence card at the document screening stage. Check the work-eligibility categories described above and determine whether the planned job duties match the status of residence. If the determination is difficult, we recommend a prior inquiry to the Immigration Services Agency of Japan or consultation with a gyoseishoshi (administrative scrivener).

Step 3: Offer and present employment conditions

It is important to present employment conditions to international talent in writing (an employment contract). The Ministry of Health, Labour and Welfare recommends clearly stating employment conditions for foreign workers in their native language. Be sure to set out in writing the matters required under Article 15 of the Labor Standards Act, including wages, working hours, leave, place of work, and job duties.

Step 4: Application to change status of residence (if required)

If the current status of residence does not cover the planned job duties, an application to change status of residence is required. Applications are filed with the Immigration Services Agency of Japan, and screening usually takes about one to three months. In principle, the person cannot work while the application is pending, so hiring schedules need to allow sufficient lead time. When the change involves Specified Skilled Worker status, preparation of a support plan and a contract with a Registered Support Organization are also required.

Step 5: Onboarding and Hello Work notification

After the start date, submit the foreign employment status notification to Hello Work by the end of the following month. Details of the notification are explained in the next section.

For the overall process of hiring foreign nationals, also see Guide to the Steps and Flow of Hiring Foreign Nationals.

Statutory Obligations: Hello Work Notification and Employment Insurance Enrollment

When you hire or separate a foreign national, under Article 28 of the Employment Measures Act you are required to notify Hello Work (Public Employment Security Office) by the end of the following month (Ministry of Health, Labour and Welfare: Notification of Foreign Employment Status).

The notification method differs depending on whether the person is covered by employment insurance.

When the foreign national becomes an employment insurance insured person

Enter the foreign national’s information (status of residence, period of stay, nationality, etc.) on the employment insurance “Notification of Acquisition of Insured Status” or “Notification of Loss of Insured Status” and submit it. This applies when scheduled weekly working hours are 20 or more and employment of 31 days or more is expected. In this case, a separate Foreign Employment Status Notification Form is not required.

When the foreign national does not become an employment insurance insured person

Submit the “Foreign Employment Status Notification Form (Form No. 3)” to Hello Work. This applies to foreign nationals outside employment insurance coverage, such as part-time and side-job workers with scheduled weekly hours under 20, and short-term workers.

The main items that must be entered and verified at the time of notification are as follows.

  • Name (in Roman letters)
  • Type of status of residence
  • Expiration date of the period of stay
  • Nationality/region
  • Date of birth
  • Whether permission for activities outside status has been granted (if applicable)

Failure to notify, or filing a false notification, is subject to a penalty of up to 300,000 yen. It is common for notification to slip past the end of the following month because of the busyness right after onboarding. Registering the deadline on a calendar based on the start date can significantly reduce the risk of forgetting.

In addition, if foreign workers meet the same requirements as Japanese workers, enrollment in health insurance and employees’ pension insurance (social insurance), as well as employment insurance, is mandatory. The judgment that “they do not need to enroll because they are foreign” is incorrect. For typical full-time employees and full-time part-time workers who work 30 or more hours per week, social insurance coverage requirements apply regardless of nationality.

Common Questions from the Field

“Their period of stay expires in two months—can we still hire them?”

Hiring itself is possible, but if the period of stay expires after the start date, you must always confirm the status of the renewal application. If a renewal application is pending, an “application pending” stamp is affixed to the residence card, and the person may continue working for up to two months after the period of stay expires or until notice of the application result. On the other hand, if no renewal application has even been filed, temporarily hold the hire and advise the person to prioritize renewal procedures. If you allow someone to work without knowing that the renewal application has been neglected, the employer also bears legal risk.

“We want to hire an international student part-time. Do we need to check permission for activities outside status?”

Yes, you must always check. The back of an international student’s residence card has a “Permission for activities outside status” field, and work is permitted when it states something such as “Permission (in principle within 28 hours per week).” If you skip this check and employ an international student who has not obtained permission for activities outside status, the employer may be charged with promoting illegal employment. Even with permission, working beyond the 28-hour weekly limit is illegal. During long school breaks (summer and winter vacations, etc.), the limit expands to 8 hours per day and 40 hours per week, but it is safer to obtain a certificate of the “long school break” period defined by the school.

“We want to hire under Specified Skilled Worker, but we have no in-house expertise. Whom should we ask?”

Specified Skilled Worker involves more complex procedures than other statuses of residence, including applications to change status of residence, preparation of support plans, and periodic reporting to the Immigration Services Agency of Japan. By outsourcing to a Registered Support Organization, you can have specialists handle these procedures on your behalf. YourBright’s foreign talent staffing service provides end-to-end support from introducing Specified Skilled Worker talent through post-hire support as a Registered Support Organization.

Points Hiring Managers Often Overlook

In principle, inspect the actual residence card

Judging that you have verified status of residence based on a copy alone is insufficient. There is also a risk of counterfeit residence cards, and using the Immigration Services Agency of Japan’s “Residence Card Number Validity Inquiry” service to confirm validity is also recommended. At the time of hire, visually inspect the actual card and keep copies of both the front and back.

Confusing “no work restrictions” with “permission for activities outside status already obtained”

“No work restrictions” for Permanent Residents and Long-Term Residents is entirely different from “permission for activities outside status already obtained” for Student and Dependent statuses. If the work restrictions field on the residence card states “Work not permitted,” “Work permitted within the scope stated on the permission for activities outside status,” or similar wording, full-time work is not possible. Hiring someone whose status of residence is limited to 28 hours per week when you intend to employ them full-time is a mistake that stems from insufficient verification.

Lack of period-of-stay expiration management

Even a status of residence that was fine at the time of hire will expire if renewal is forgotten. Register the residence card expiration date in your HR system and build a mechanism that raises an alert two to three months before expiration. Cases in which the matter was left to the individual and the person continued working after expiration are not uncommon.

Forgetting notifications when a Specified Skilled Worker changes affiliated organization

When a Specified Skilled Worker joins your company, the employer (accepting organization) is also required to file periodic notifications (every four months) and ad hoc notifications with the Immigration Services Agency of Japan. Forgetting these can result in administrative guidance.

Practical Checklist: Confirmation Items for Foreign Worker Hiring Procedures

Below is a summary of items hiring managers should confirm before and after onboarding. You can print and use it.

Pre-hire confirmation

  • [ ] Inspected the front and back of the residence card (actual card) and kept copies
  • [ ] Confirmed the type of status of residence and whether employment is permitted
  • [ ] If there are work restrictions, confirmed consistency with the planned job duties
  • [ ] Confirmed the expiration date of the period of stay and checked the renewal application status with the individual
  • [ ] Confirmed whether permission to engage in activity other than that permitted under the status of residence has been obtained (for Student or Dependent status)
  • [ ] Issued the employment contract in writing (explanation in the worker’s native language is recommended)
  • [ ] Set working conditions that comply with the Minimum Wage Act and the Labor Standards Act

Post-hire checks (related to Hello Work notifications)

  • [ ] Registered the Hello Work notification deadline (by the end of the month following the hire date) on the calendar
  • [ ] If the worker becomes an employment insurance enrollee, entered foreign national information on the acquisition of eligibility notification
  • [ ] If not covered by employment insurance, submitted Form No. 3 (Notification of the Employment Status of Foreign Nationals)
  • [ ] Confirmed the obligation to enroll in social insurance (health insurance and employees’ pension) and completed the procedures

Additional checks when hiring under Specified Skilled Worker

  • [ ] Built the review period for the application for change of status of residence (typically 1–3 months) into the hiring schedule
  • [ ] Prepared a support plan (or outsourced it to a Registered Support Organization)
  • [ ] Scheduled the periodic notifications required as a Specified Skilled Worker affiliated organization (every 4 months)
  • [ ] Confirmed the Registered Support Organization’s registration number and the terms of the outsourcing agreement

Summary

Procedures for employing foreign nationals start with three pillars: confirming status of residence, filing Hello Work notifications, and applying employment insurance and social insurance. Legal violations pose significant risk to companies, but when procedures are followed correctly, international talent can contribute as ready-to-work professionals over the long term.

Key points from this article are summarized below.

  • Confirming status of residence should, in principle, be done by checking both sides of the physical residence card. Always verify the expiration date and the employment eligibility field.
  • The Notification of the Employment Status of Foreign Nationals must be filed with Hello Work by the end of the following month. Late or false filings are subject to a fine of up to 300,000 yen.
  • Employment of international students requires permission to engage in activity other than that permitted under the status of residence, and is limited to 28 hours per week.
  • Hiring under Specified Skilled Worker additionally requires an application for change of status of residence (typically 1–3 months) and preparation of a support plan.
  • When procedures are complex, consulting a Registered Support Organization or an administrative scrivener is effective.

If you are hiring international talent for the first time and have concerns about the procedures, feel free to contact YourBright. We provide end-to-end support, from introducing Specified Skilled Worker talent to status of residence applications and post-hire follow-up as a Registered Support Organization. For phone consultations, call 03-6908-6143 (hours: 9:00–18:00).