In our global age, social and occupational mobility are very important. These interests should be the focus of any country interested in economic development. Many businesspeople and global companies’ visitors enter Israel for a wide variety of reasons: business meetings, participation in conventions, negotiations, signing contracts, and other commercial activities.
Global companies and Human Resource Managers are often confused by the nature of the visitor’s stay in Israel. Can it be classified as a mere business trip or is it a working visit? This evokes several questions. What is a “Business Visit”? What defines “Business Visitor”? What actions are permitted by law while visiting Israel as a “Business Visitor”? We will examine problems with the current law, and we will suggest alternative actions within the framework of the Business Visit Entry Visa, which does not exist under the Israeli law, but exists in other countries. In this article, we will examine the current situation, and in a second article, we will suggest detailed alternatives and a list of actions accepted all over the Western world in relation to a “Business Visit.”
Citizens of Western Europe and North America who visit Israel automatically receive a B-2 Entry Visa (Tourist / Business Visitor Visa), which is valid for three months and does not allow the visitor to work. Visitors to Israel from most of Eastern Europe, the Far East and South America are required to apply for an Entry Visa at the Israeli Consulate in their country of origin before entering Israel.
Israeli law defines several types of Entry Visas, including a B-1 Work Visa and a B-2 Visa for tourism and business trips. Section 5 of the Entry into Israel Regulations further defines these Entry Visas:
- a) A person who wishes to enter Israel for paid-for temporary work must apply for a B-1 Entry Visa and visiting residency (temporary worker); the Israeli employer can apply for a foreign citizen who he/she wishes to hire.
- b) A person who asks to enter Israel for a visit or any other purpose requiring a short stay only, and not for the purpose of working, paid or unpaid, shall apply for a B-2 Visa and visiting residency (tourist).
These are very general definitions, which do not answer the needs of companies and Human Resource Managers, who are looking for clear guidelines detailing the allowed activities of the business visitor under Israeli law. The Israeli legislature defines the terms of a business trip on a negative basis only. Also, the term “business visitor” does not exist in the Israeli Immigration Laws and in the regulations issued by the Ministry of Interior (MOI). However, we can learn from the Entry into Israel Regulations, as quoted above, that a short-term visitor to Israel whose purposes are not considered to be working ones, will be considered as being on a “business trip” that requires a B-2 visa even if the visitor receives a salary or expenses for this visit. In other words, the fact that the visitor is being paid for his/her trip to Israel is irrelevant in determining whether the visitor needs a B-1 Work Visa or a B-2 Tourist / Business Visa.
Israeli Immigration Laws, unlike those of other countries, do not detail the actions allowed for the business visitor or define the limits of the business visitor. In the absence of a clear distinction between a foreign visitor and a foreign worker, Human Resource Managers and global companies find themselves in a state of uncertainty regarding visitors’ entry to Israel and the risk of entry refusal for their visitors. If the Israeli Border Control determines that the visitor is in fact coming to Israel to work without a proper B-1 Work Visa, they will refuse to let the visitor enter Israel. Once they have made that determination, the visitor will find himself/herself in a facility designated for those who are not allowed to enter Israel. In such cases, the visitor will be deported within 24 hours to his/her country of origin unless an urgent petition is submitted on his/her behalf for an administrative order to permit his/her entry into Israel.
The law defines the nature of the visit based on the reason behind the visit, short as it may be, and whether the visitor performs productive work, even if he or she is not paid for that work. But it seems that this is an outdated method, not conducive to our global and technological era. It should be noted that the definition of “Business Visitor” involves a grey area, while the need for a comprehensive list of activities which can be considered as Business Visit activities will continue to increase. An open list would provide guidelines for MOI officials, for lawyers assisting global companies on daily basis, and for Human Resources Managers who do not wish to violate the Israeli laws and risk deportation of the visitor arriving for work purposes.
The limits of the term “Business Visitor” can be demonstrated by the U.S. immigration laws. In the U.S., business visitors must prove that they do not intend to stay in the U.S. for a long period of time. In addition, they must prove the link between their visit and occupation and/or activities outside the U.S. The U.S. Department of State Foreign Affairs Manual contains a non-exhaustive list specifying permissible activities of business visitors, such as participating in conferences and seminars, conducting research, negotiating and signing contracts, receiving orders (as a manufacturer or as a merchant) for goods manufactured outside the U.S., installing and/or providing maintenance services for commercial or industrial equipment purchased abroad, and training American workers to provide maintenance for equipment or machinery purchased from a company outside U.S. borders.
Due to the reality of many foreign workers coming to Israel illegally, the State of Israel is revising its immigration laws nowadays. Governmental policy relating to foreign workers is based on the current government’s attempts to deal with this problematic phenomenon, affecting Israel’s economic and social status. It seems that the reality presented in this essay must be taken into consideration; therefore, Israel should adopt the “Business Visitor” definition and the activities constituting “business visits” from the immigration policies of Western countries. In the second article, we will suggest detailed alternatives and provide a list of activities accepted in the Western world as constituting a business visit.
All said and explained in this article does not constitute a legal opinion and does not replace legal advice. Responsibility for using the wordings and opinions conveyed in this article relies solely and entirely on the reader.
This article was written by Dotan Cohen Law Offices, working in the field of immigration law in the United States, Canada and Australia .
