Analysis of the whole process of working visa processing for foreign employees: key steps from material preparation to approval

Analysis of the whole process of working visa processing for foreign employees: key steps from material preparation to approval

In the context of globalization, the introduction of foreign talents has become an important means to enhance the competitiveness of enterprises. However, processing a work visa involves complex legal procedures and material requirements, and a little carelessness may lead to rejection or delay of the application. This article will systematically sort out the core process, list of materials and common risk points for foreign employees to apply for work visas to help enterprises complete visa processing efficiently and ensure the smooth arrival of talents.

1. visa type selection: matching job requirements and policy requirements

Before applying for a work visa, the appropriate visa type should be selected according to the background and job nature of the foreign employee. The visa policies of different countries/regions vary greatly, but they can usually be divided into the following categories:

• technical/professional visa : applicable to foreign employees with professional skills or scarce qualifications, such as engineers, designers, researchers, etc. For example, when a technology company recruits German algorithm experts, it needs to select a visa category for high-end technical talents.
• senior management/management visa : for core management positions such as enterprise executives and regional leaders, applicants are usually required to have many years of management experience and decision-making power. A multinational enterprise is required to apply for a senior management visa when it is transferred to a Singapore regional director in China.
• visa for talents in special fields : for foreign experts in specific fields such as culture, education, medical treatment, etc., a recommendation letter issued by the competent department of the industry is required. The introduction of American cardiac surgery experts in a hospital requires the health department to review their qualifications.
• internship/training visa : applicable to foreign students or new employees participating in short-term internship or training programs, usually limiting the length and content of work. A financial institution that accepts UK interns is required to apply for a training visa that allows them to participate in basic data analysis.

Risk Point : If the visa type does not match the nature of the position, if a general technical position is applied for an executive visa, the materials may be returned or rejected. Enterprises need to confirm the visa category corresponding to the post with the Immigration Bureau or professional organization in advance.

Preparation of 2. materials: integrity and authenticity are the core

Work visa application materials usually include enterprise qualification documents, foreign employee personal documents and employment relationship certificates, one is indispensable and authenticity needs to be ensured.

1. Enterprise qualification document

• copy of business license : enterprise registration information and business scope need to be displayed, and some countries require notarization or translation;
• tax registration certificate : prove that the enterprise pays taxes according to law, and some regions need to submit audit reports for nearly 3 years;
• organization code certificate (if applicable): some countries still require this document to verify the legality of the enterprise;
• company profile : including business scale, number of employees, industry status, etc., it is necessary to highlight the necessity of foreign employees for the company. For example, when a start-up applies for a foreign CTO, it needs to detail how its technology will fill the gap in the local market.

2. Foreign employee's personal file

• passport : the validity period must cover the visa period, usually more than 6 months remaining;
• academic certificates and transcripts : notarization or certification is required, and some countries require the certification of the overseas study service center of the Ministry of education.
• work experience certificate : issued by the former employer, including position, work content, working time and contact information. The application was rejected because an enterprise did not provide the contact information of the former employer of foreign employees, which made the Immigration Bureau unable to verify their work experience.
• No criminal record certificate : it must be issued by the police in the place of household registration and notarized and double certified (embassy and consulate of the Ministry of Foreign Affairs);
• health examination report : some countries require medical examinations at designated institutions, covering such items as infectious diseases and mental illness.

3. Proof of employment relationship

• labor contract : specify the position, salary, working place and contract period, salaries need to be in line with local market levels. An enterprise is required to supplement the rationality of employment because the salary in the contract is lower than the industry average;
• job description : specify the job responsibilities, skill requirements and contribution to the enterprise, which should be highly matched with the background of foreign employees. For example, when a manufacturing enterprise applies for a foreign automation engineer, the job description needs to highlight the specific technology it has mastered.
• proof of enterprise's ability to pay : such as bank flow, financial statements, etc., to prove that the enterprise has the ability to pay foreign employees' salaries on time.

risk point : missing or false materials (such as forged academic qualifications and work experience) will directly lead to visa refusal and even affect the future visa application of enterprises. It is recommended that enterprises establish a material list template, check item by item and keep the backup.

3. application process: control time nodes in stages

Work visa applications are usually divided into four stages: enterprise filing, material submission, review and supplement, approval and evidence collection. Each stage has a key time node to control.

1. Enterprise filing (if applicable)
Some countries require enterprises to complete filing or qualification certification before they can apply for visas for foreign employees. For example, China requires enterprises to obtain "foreigner employment permit", India requires enterprises to register as "authorized employers". The filing cycle is usually 1-4 weeks, and enterprises need to plan ahead.

2. Material submission

• Online system filling : Most countries have implemented electronic visa application, and enterprises need to fill in the applicant and enterprise information in the designated system, and upload scanned copies of materials;
• paper materials submission : some countries still require paper materials to be submitted to immigration offices or embassies and consulates, using folders in the prescribed format and attaching catalogues.

3. Review and supplement

• preliminary review : USCIS conducts a review of material integrity, which usually takes 1-2 weeks. If the materials are incomplete, a supplement notice (RFE) will be issued;
• supplement processing : the enterprise needs to supplement the materials within the specified time (usually 15-30 days), and the application will be deemed to be abandoned if it is overdue. An enterprise failed to reply to the supplementary notice in time, resulting in the invalidation of the visa application for foreign engineers;
• substantive examination : the immigration bureau conducts in-depth examination on the necessity of employment and the qualifications of foreign employees, which may involve background investigation or interview. For example, the U.S. L-1 visa requires applicants to attend an interview and answer questions about business operations and job responsibilities.

4. Approval and evidence collection

• Notice of approval : After the review is passed, the Immigration Bureau will issue a letter of approval or a notice of labeling, enterprises are required to pay visa fees as required.
• passport labeling : foreign employees are required to bring their passports and approval letters to embassies and consulates to complete the labeling, and some countries support mailing.
• entry report : some countries require foreign employees to report to designated agencies to activate visas after entering the country. For example, Singapore requires foreign employees to complete their fingerprints within seven days of entry.

risk point : The application cycle varies by country/region (usually 2-6 months). Enterprises need to reserve enough time to avoid affecting the project progress. It is recommended to reverse the application start-up time according to the length of visa approval and reserve a buffer period of 1-2 weeks.

4. common risks and coping strategies

1. visa rejection

• reasons : false materials, insufficient employment necessity, inconsistent qualifications of foreign employees, etc.;
• response : analyze the reasons for rejection, supplement materials or resubmit after adjusting the application strategy. If the enterprise is rejected due to the qualification problem, it is necessary to improve the enterprise record or qualification first; If the background of foreign employees is a problem, they can consider changing candidates or adjusting positions.

2. Approval delay

• reasons : USCIS backlog cases, materials need to be further verified, policy adjustments, etc;
• response : regularly follow up the progress of the application. if the application is not approved after the regular period, please contact the immigration bureau to inquire about the reason. Some countries offer expedited services (at an additional cost), which companies can choose according to their urgency.

3. Compliance risk

• reason : the actual work of foreign employees is inconsistent with the visa type (such as holding a technical visa to engage in management positions), extended stay, failure to renew in time, etc.;
• Response : Establish a visa management ledger for foreign employees to record the visa validity period, renewal time and job changes. Organize regular compliance training to ensure employees are aware of visa restrictions and obligations.

Conclusion

Work visa processing for foreign employees is a systematic project involving knowledge in many fields such as law, administration and human resources. Enterprises need to build a full-chain management system from visa type selection, material preparation, process control to follow-up management based on the principle of "compliance, efficiency first and risk control. Through advance planning, fine operation and dynamic monitoring, visa processing costs can be minimized, foreign talents can be smoothly integrated into the enterprise, and strong support can be provided for the globalization strategy.