Key Considerations When Accepting "Engineer/Specialist in Humanities/International Services" Visa Holders via Temporary Staffing

Some companies choose to accept foreign nationals holding the "Engineer/Specialist in Humanities/International Services" residence status through temporary staffing agencies (haken) rather than direct employment.
The critical point to remember is that the specific duties performed at the host company must fall within the scope of activities permitted under the "Engineer/Specialist in Humanities/International Services" visa.
If the worker is assigned to tasks that do not align with their visa status, both the staffing agency (the employer) and the host company (the client) may be held liable. Under Japanese law, providing or facilitating work outside the scope of a visa is considered "Encouraging Illegal Employment." This can result in imprisonment for up to three years, a fine of up to 3 million yen, or both.
If you are planning to accept a foreign worker through a staffing agency but are unsure whether your company’s specific tasks meet the eligibility requirements for their visa, we strongly recommend consulting with a Certified Administrative Procedures Legal Specialist (Gyoseishoshi) who specializes in immigration law.

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AKIRA YAMAMOTO.AKIRA

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