Subcontractor Sponsorship Restricted
February 4, 2020
Country / Territory
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At a Glance
- Effective immediately, subcontractors’ employers must sponsor work visa applications for their own employees, where previously it was understood that the subcontractors’ host company could sponsor such applications.
- Additionally, it was clarified that human resource companies cannot sponsor applications for employees.
The situation
The Israeli Population and Immigration Authority (PIBA) has clarified the sponsorship eligibility regulations for work visa applications filed for subcontracted workers.
A closer look
The clarifications include the following key points:
- Applications filed by legal employer. Effective immediately, the subcontractor's employer must sponsor work visa applications for its own employees, where previously it was understood that the subcontractor’s host company could sponsor such applications.
- Staffed workers ineligible for sponsorship. Additionally, it was clarified that human resource companies cannot sponsor applications for employees.
Impact
Since human resource companies employing staffed workers cannot sponsor work authorization applications, their employees currently are not eligible for work authorization unless they are employed by a non-human resource company, which would sponsor the application.
Affected employers are advised to contact immigration counsel to review alternative employment arrangements enabling sponsorship.
Background
This clarification was made to ensure that each employee's sponsoring employer is the same entity that is responsible for payment of salary and other sponsorship obligations.
Fragomen worked closely with Kan-Tor & Acco Law Firm to prepare this alert. This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
