• Insights

China’s Much Anticipated Exit-Entry Law Finally Starts to Take Shape: An Examination of the Draft Implementing Rules

March 2, 2015

becky xia

Country / Territory

  • ChinaChina

Related contacts

fragomen_becky_xia

Becky Xia

Managing Partner, China

Beijing, China

Email

[email protected]

T:+86 10 5632 2300

Related offices

  • Beijing
  • Shanghai

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

fragomen_becky_xia

Becky Xia

Managing Partner, China

Beijing, China

Email

[email protected]

T:+86 10 5632 2300

Related offices

  • Beijing
  • Shanghai

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

fragomen_becky_xia

Becky Xia

Managing Partner, China

Beijing, China

Email

[email protected]

T:+86 10 5632 2300

Related offices

  • Beijing
  • Shanghai

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Becky Xia

As highlighted in previous client alerts, China’s new Exit-Entry Law seeks to strengthen enforcement of existing immigration and labor laws, and to increase coordination of data collection among the agencies charged with overseeing foreigners’ employment in China. It also seeks to impose more serious penalties for noncompliance, including detention, steep fines, and even confiscation of revenue generated by illegally employed individuals in China. Although the broad contours of China’s soon-to-be-implemented Exit-Entry Law were conceived more than a year ago, the State Council only released the implementing rules and regulations on 3 May.
 
New visa categories and changes to existing categories
 
The Draft Implementing Rules introduce multiple new visa categories, including the M (new business and trade visa, replacing the Business F visa), and R (designed to facilitate entry of top foreign talent into China). The M visa is roughly analogous to the current Business F visa; thus, for work authorization purposes, Fragomen continues to recommend that whenever an employee receives direction from a Chinese entity or enters onto a Chinese entity’s payroll, the Z visa will be appropriate.
 
The following illustrates the changes between China’s current system and the proposed new system in some of the visa categories which most affect business travelers and foreign workers:
 
Current system (type of visa and use/application)
  • Z visa - Single-entry visa issued to foreign workers and accompanying family members
  • F visa - Business visa issued for official visits, lectures, business, technological or cultural exchanges, and short-term studies or internships
  • J visa - Journalist visa, issued to foreign journalists
 
Proposed new system (type of visa and use/application)
  • Z1 visa - Issued to foreign workers working over 90 days
  • Z2 visa - Issued to foreign workers working no more than 90 days 
  • F visa - Non-business visa, issued for non-business (scientific, cultural, educational, health or sports) exchanges
  • J1 visa - Issued to resident foreign journalists
  • J2 visa - Issued to foreign journalists for short-term stays
 
Additional visa categories in proposed new system (Partial List)
  • M visa - New business visa issued for business and trade activities. This appears to replace the F visa
  • R1 visa - Issued to foreign professionals who are highly skilled or whose skill is urgently needed by China, and will be residing in China
  • R2 visa - Issued to individuals who meet the R1 criteria but will only be staying in China for a short period
 
Clarification of visa categories requiring interviews
 
According to the Draft Implementing Rules, the only visa categories requiring an interview are those in the residence category, namely, the J1, R1, Z1, Q1 (family reunion visa, issued to family members of Chinese citizens) and X1 (long-term study in Chinese educational or training institutions). Some applicants, however, especially those who have had past immigration compliance issues, will need to complete interviews.
 
Differentiation of visa categories based on duration of stay in China
 
Multiple visa categories, including Z (work), X (study), J (journalism), and R (talent), are differentiated in the new Draft Implementing Rules by the length of stay in China. For example, the Z1 visa will be issued to foreign workers staying in China for more than 90 days and the Z2 visa will be issued to workers staying in China for up to 90 days (the implementing rules do not explicitly state whether the 90 days includes cumulative time within a calendar year or 90 days per entry into China).
 
The business community also hopes that the shorter duration of stay for the R2 and Z2 visas, among others, will result in reduced processing times for these visas. Article 22 of the Draft Implementing Rules hints, for example, that health certificates will only be required for residence permits of one year or longer, suggesting that the shorter term Z2 visa may carry fewer administrative requirements.
 
What can employers expect going forward?
 
The new law has received positive public feedback for the flexibility it introduces for short-term work permits and talent visas, as well as for its clarification of what constitutes illegal work in China. The Draft Implementing Rules, though, are silent on many key points, including duration of stay for the new visa categories, eligibility requirements for the talent visa, and how employers can achieve compliance with the new law’s provisions for employees who work remotely or at multiple locations. The Draft Implementing Rules are also silent on a much-noted provision in the initial release of the law that allows confiscation of revenue generated by employees lacking proper work authorization.
 
Given the short period for public comment (3 May 3–3 June) and the short timeframe before the law comes into force on 1 July, the Draft Implementing Rules may well constitute the essence of the new law. Employers should also expect that individual localities could implement other policy changes in addition to those discussed above. For example, in addition to Beijing and Shanghai, which already allows 72-hour visa-free-transit for nationals of 45 countries, Guangzhou and Chengdu have recently announced that they will offer this accommodation for travelers who have confirmed onward air tickets to a third country.
 
Fragomen will continue to closely monitor developments related to both the Draft Implementing Rules and the overall implementation of the new Exit-Entry Law. We will issue an additional newsletter article in July to address any changes made to the Draft Implementing Rules.

Country / Territory

  • ChinaChina

Related contacts

fragomen_becky_xia

Becky Xia

Managing Partner, China

Beijing, China

Email

[email protected]

T:+86 10 5632 2300

Related offices

  • Beijing
  • Shanghai

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

fragomen_becky_xia

Becky Xia

Managing Partner, China

Beijing, China

Email

[email protected]

T:+86 10 5632 2300

Related offices

  • Beijing
  • Shanghai

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

fragomen_becky_xia

Becky Xia

Managing Partner, China

Beijing, China

Email

[email protected]

T:+86 10 5632 2300

Related offices

  • Beijing
  • Shanghai

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

Establishing a Business Presence in Switzerland: Key Considerations for Employers

In this blog, Director Ana Bessa Santos explores what Swiss authorities expect from employers when assessing work permit applications—including why a well-developed business plan, realistic growth projections and evidence of a genuine operational presence are critical to supporting both initial applications and future permit renewals.

Learn more

Media mentions

Personnel Today: Migration Committee Proposes to Cut 24 Occupations From New Shortage List

Partner Louise Haycock discussed the Migration Advisory Committee’s Temporary Shortage List recommendations and the need for clear workforce plans and transitional arrangements.

Learn more

Media mentions

Business Insider: 3 Lawyers React to Trump's New Limits on Student Visas

Counsel Brian Hunt discusses how proposed changes to F-1 student visas could create uncertainty for international students transitioning to the US workforce.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Rechtliche Risiken bei Mitarbeitereinsätzen aus dem Ausland

Senior Manager Katharina Vorländer explains how employers and clients can reduce legal risks during cross-border employee assignments in Germany.

Learn more

Blog post

Mainland vs. Free Zone in the UAE: Choosing the Right Company Structure in 2026

Senior Manager Zak Hynes explores the key factors businesses should consider when establishing a presence in the UAE—from operating model and visa requirements to banking, office needs and long-term growth plans—in our new blog. The right structure is the one that best supports your business strategy, not simply the lowest upfront cost.

Learn more

Video

2026 Regional Immigration Overviews | #MobilityMinute

Partner Catherine Macris highlights key findings from Fragomen’s 2026 regional immigration overviews, including tighter compliance controls, digital border transformation and emerging pathways for global talent.

Learn more

Media mentions

Gazeta Prawna: Unijny parasol nad pracownikami z Ukrainy rozpięty do 2028 r. Polscy pracodawcy mogą spać spokojnie, ale czas ucieka

Partner Karolina Schiffter discusses how the EU's extension of temporary protection for Ukrainian citizens through 2028 will affect employers in Poland.

Learn more

Fragomen news

Fragomen's Immigration Guide for the UK Tech Sector

Fragomen’s "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.

Learn more

Blog post

The J-1 Research Scholar Visa: An Underutilized Pathway for Employers to Retain Global Research Talent

Center for Strategy and Applied Insights Senior Director Leah Rogal examines how employers can use the J-1 Research Scholar visa to retain eligible global research talent, support long-term research initiatives and strengthen workforce and immigration planning.

Learn more

Blog post

Twenty Years Forward: What the Middle East Reveals About the Future of Global Mobility

In this blog, Middle East and Africa Private Client Practice Director Nofi Mojidi-Bayna explores how evolving residency frameworks across the region are reshaping long-term mobility planning and examines the three global forces transforming immigration strategy for businesses, investors and internationally mobile families.

Learn more

Blog post

UK Launches Visa Fees Reimbursement Scheme for Scale Ups Hiring Global Talent

In this blog, Associate Halil Kaya outlines the UK Visa Fees Reimbursement Scheme for Scale Ups, including eligibility requirements, available funding and key considerations for high-growth businesses recruiting international talent.

Learn more

Media mentions

The PIE: Canada Fraud Case Exposes “Acute” Sector Integrity Issues

Partner Jack Kim discusses how fraud has shaped Canada's international student reforms and ongoing integrity efforts.

Learn more

Blog post

Establishing a Business Presence in Switzerland: Key Considerations for Employers

In this blog, Director Ana Bessa Santos explores what Swiss authorities expect from employers when assessing work permit applications—including why a well-developed business plan, realistic growth projections and evidence of a genuine operational presence are critical to supporting both initial applications and future permit renewals.

Learn more

Media mentions

Personnel Today: Migration Committee Proposes to Cut 24 Occupations From New Shortage List

Partner Louise Haycock discussed the Migration Advisory Committee’s Temporary Shortage List recommendations and the need for clear workforce plans and transitional arrangements.

Learn more

Media mentions

Business Insider: 3 Lawyers React to Trump's New Limits on Student Visas

Counsel Brian Hunt discusses how proposed changes to F-1 student visas could create uncertainty for international students transitioning to the US workforce.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Rechtliche Risiken bei Mitarbeitereinsätzen aus dem Ausland

Senior Manager Katharina Vorländer explains how employers and clients can reduce legal risks during cross-border employee assignments in Germany.

Learn more

Blog post

Mainland vs. Free Zone in the UAE: Choosing the Right Company Structure in 2026

Senior Manager Zak Hynes explores the key factors businesses should consider when establishing a presence in the UAE—from operating model and visa requirements to banking, office needs and long-term growth plans—in our new blog. The right structure is the one that best supports your business strategy, not simply the lowest upfront cost.

Learn more

Video

2026 Regional Immigration Overviews | #MobilityMinute

Partner Catherine Macris highlights key findings from Fragomen’s 2026 regional immigration overviews, including tighter compliance controls, digital border transformation and emerging pathways for global talent.

Learn more

Media mentions

Gazeta Prawna: Unijny parasol nad pracownikami z Ukrainy rozpięty do 2028 r. Polscy pracodawcy mogą spać spokojnie, ale czas ucieka

Partner Karolina Schiffter discusses how the EU's extension of temporary protection for Ukrainian citizens through 2028 will affect employers in Poland.

Learn more

Fragomen news

Fragomen's Immigration Guide for the UK Tech Sector

Fragomen’s "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.

Learn more

Blog post

The J-1 Research Scholar Visa: An Underutilized Pathway for Employers to Retain Global Research Talent

Center for Strategy and Applied Insights Senior Director Leah Rogal examines how employers can use the J-1 Research Scholar visa to retain eligible global research talent, support long-term research initiatives and strengthen workforce and immigration planning.

Learn more

Blog post

Twenty Years Forward: What the Middle East Reveals About the Future of Global Mobility

In this blog, Middle East and Africa Private Client Practice Director Nofi Mojidi-Bayna explores how evolving residency frameworks across the region are reshaping long-term mobility planning and examines the three global forces transforming immigration strategy for businesses, investors and internationally mobile families.

Learn more

Blog post

UK Launches Visa Fees Reimbursement Scheme for Scale Ups Hiring Global Talent

In this blog, Associate Halil Kaya outlines the UK Visa Fees Reimbursement Scheme for Scale Ups, including eligibility requirements, available funding and key considerations for high-growth businesses recruiting international talent.

Learn more

Media mentions

The PIE: Canada Fraud Case Exposes “Acute” Sector Integrity Issues

Partner Jack Kim discusses how fraud has shaped Canada's international student reforms and ongoing integrity efforts.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
July 24, 2026 | United StatesUnited States: Federal Appeals Court Declines to Stay Lower Court Order Vacating $100,000 H-1B Fee
July 24, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
July 24, 2026 | United KingdomPersonnel Today: Migration Committee Proposes to Cut 24 Occupations From New Shortage List
July 24, 2026 | Saudi ArabiaSaudi Arabia: New Payment Methods for GOSI Social Security Contributions
July 24, 2026 | Republic of Korea (South Korea)South Korea: Digital Nomad Visa Trial Program Introduced
July 24, 2026 | United StatesUnited States: Federal Appeals Court Declines to Stay Lower Court Order Vacating $100,000 H-1B Fee
July 24, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
July 24, 2026 | United KingdomPersonnel Today: Migration Committee Proposes to Cut 24 Occupations From New Shortage List
July 24, 2026 | Saudi ArabiaSaudi Arabia: New Payment Methods for GOSI Social Security Contributions
July 24, 2026 | Republic of Korea (South Korea)South Korea: Digital Nomad Visa Trial Program Introduced
July 24, 2026 | United StatesUnited States: Federal Appeals Court Declines to Stay Lower Court Order Vacating $100,000 H-1B Fee
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.