Key Points for Obtaining Work Visas by Industry: Employing Foreign Nationals in the Food and Beverage Sector

The food and beverage industry in Japan is facing a structural challenge of severe labor shortages. To overcome this situation, many companies are finding a lifeline in employing foreign talent. However, employing foreigners is not just about recruitment activities; it is an absolute prerequisite to comply with strict legal regulations, including the ‘Immigration Control and Refugee Recognition Act’ (hereinafter referred to as the ‘Immigration Act’). If a company employs a foreigner without the appropriate residence status, it can be subject to severe criminal penalties for ‘Promoting Illegal Employment,’ and individuals such as representatives and HR personnel also risk being punished. Therefore, to succeed in employing foreigners in the food and beverage industry, an integrated management perspective that sees recruitment strategy and legal compliance as one is essential. Foreigners working in Japan are required to obtain a ‘residence status’ that corresponds to their activities. The residence statuses available for employment in the food and beverage industry can be broadly divided into two types: ‘status-based residence statuses’ with no restrictions on work activities, and ‘activity-type statuses’ (commonly referred to as work visas) that only allow engagement in specific permitted activities. The latter includes ‘Skilled Labor’ for professional chefs, ‘Technical/Humanities/International Services’ for professionals, and ‘Specified Skilled Worker’ aimed primarily at employing on-site staff, each with different requirements and constraints. This article aims to provide legal and practical guidelines for business owners and legal/HR personnel in companies operating in the food and beverage industry to make informed decisions regarding the employment of foreigners. It will explain in detail the specific requirements of each residence status, the scope of permissible work, and the legal obligations that companies must fulfill, based on relevant laws and regulations. 

Overview of Residence Status Enabling Employment of Foreign Nationals in the Food and Beverage Industry in Japan

When considering the employment of foreign nationals, it is crucial to accurately understand the legal distinction between a “visa” and “residence status.” A “visa” issued by Japanese diplomatic missions (embassies and consulates) is a document that endorses the validity of a foreign national’s passport and indicates there are no impediments to entering Japan. In contrast, “residence status” is a qualification that legally permits activities within Japan and is granted by the Immigration Services Agency. The official identification card that proves this status is the “Residence Card,” and companies have a legal obligation to always check the details on the Residence Card of potential hires during the recruitment process.

In the food and beverage industry, the residence statuses to consider for employing foreign nationals can be broadly divided into two categories based on their legal nature.

The first category is “residence status based on personal status or position.” This includes “Permanent Resident,” “Spouse or Child of Japanese National,” “Spouse or Child of Permanent Resident,” and “Long-Term Resident.” These residence statuses are granted based on an individual’s status or ties to Japan and carry no restrictions on work activities within the country. Therefore, foreign nationals with these statuses can engage in any job, including cooking, serving, cleaning, and other tasks considered “unskilled labor,” which will be discussed later, just like Japanese nationals. They are the most flexible workforce for companies to employ, but there are points to be cautious about. Residence statuses such as “Spouse or Child of Japanese National” and “Spouse or Child of Permanent Resident” are predicated on the continuation of the spousal relationship. If this status is lost due to divorce or bereavement, the renewal of the residence status may not be granted, and the individual may no longer be able to continue working. Companies must regularly verify the validity of the Residence Card even after employment to manage compliance risks.

The second category is “activity-type qualifications,” namely work visas. These are residence statuses granted for engaging in specific professional activities, and activities outside the permitted scope are strictly limited. The issue in the food and beverage industry is that many on-site tasks, such as customer service in the hall, dishwashing, or simple plating, are classified as “unskilled labor” that does not require expertise under the interpretation of the Immigration Control Act. Work visas for traditional professions, especially “Engineer/Specialist in Humanities/International Services,” do not, in principle, allow such unskilled labor as the main job. This legal constraint has been a significant barrier for the food and beverage industry in employing foreign nationals as store operation staff for many years. The “Specified Skilled Worker” residence status, which will be discussed later, was created to solve this structural issue. Understanding this background is the first step in accurately grasping the purpose and restrictions of each residence status and legally employing the right talent to meet your company’s needs.

Residence Status for Professionals and Managers: “Engineer/Specialist in Humanities/International Services” in Japan

The Japanese residence status “Engineer/Specialist in Humanities/International Services” is designed for foreign nationals engaged in work that requires specialized skills or knowledge in the natural sciences or humanities, or work that necessitates a way of thinking or sensitivity based on foreign cultures. In the food and beverage industry, its application is limited, but it plays an important role under certain conditions.

Permitted and Prohibited Activities

The core of this residence status is limited to non-manual professional work. Permitted activities specifically include marketing, finance, human resources, business planning, and roles responsible for overseas business development within corporate headquarters. Positions such as supervisors (SV) or area managers overseeing multiple stores may also be eligible if their duties are exclusively focused on management tasks such as sales data analysis, employee training program development, and marketing strategy planning.

On the other hand, operations such as cooking, customer service, cleaning, and cashier work at the store level are considered “unskilled labor” and fall outside the scope of this residence status. Even if one holds the title of “store manager” or “manager,” permission is not granted if the majority of actual work involves on-site operations. Incidental on-site work that is unavoidable in the performance of duties does not immediately constitute grounds for disapproval; however, immigration authorities make substantive judgments based on the specific job descriptions outlined in employment contracts and job descriptions, rather than job titles.

This strict distinction is closely related to the business size and organizational structure of a company. In small, individually owned eateries, management and on-site work are often deemed inseparable, making it difficult to rationally explain the necessity for personnel dedicated exclusively to management tasks. In contrast, chain businesses with numerous outlets are more likely to be objectively recognized for the need to place specialized managers at headquarters or supervisory divisions. In other words, the possibility of obtaining an “Engineer/Specialist in Humanities/International Services” visa can also serve as an indicator of whether a company has reached the business scale and organizational maturity necessary to require non-manual professional positions.

Requirements for Applicants and Companies

Both the foreign national and the employing company must meet stringent requirements to obtain this residence status.

The requirements for the foreign national include education or work experience. As a general rule, one must have graduated from a university in a field related to the intended work in Japan or from a Japanese vocational school. If the educational requirements are not met, it is possible to substitute with over 10 years of work experience in the “Engineer” or “Specialist in Humanities” fields, or over 3 years for “International Services” (such as translation, interpretation, or international transactions). It is crucial that there is a clear relevance between one’s educational background or work history and the work to be performed in Japan.

The requirements for the company include demonstrating the stability and continuity of the business and offering appropriate employment conditions. At the time of application, it is necessary to prove a sound management situation through financial statements and other documents. Additionally, the remuneration paid to the foreign national must be equal to or greater than the remuneration for Japanese employees engaged in equivalent work. This regulation ensures that foreign nationals are not employed as cheap labor and that appropriate treatment is secured for specialized personnel.

Residence Status for Skilled Chefs: ‘Skills’

The ‘Skills’ residence status is a qualification for foreigners engaged in work that requires “skilled expertise in specialized industrial fields” in Japan. In the food and beverage industry, it is effectively operated as a dedicated residence status for employing specialist chefs (cooks) of foreign cuisines.

Over 10 Years of Practical Experience and Its Proof

The most stringent and central requirement for the ‘Skills’ visa is, in principle, over 10 years of practical experience. This experience must be as a chef specializing in a specific foreign cuisine (for example, Chinese, French, Indian, etc.). It is not permitted to combine experiences from different culinary genres. For instance, even if you have 5 years of experience at a Chinese restaurant and another 5 years at a French restaurant, this does not meet the requirement of 10 years. However, there is a special exception for Thai cuisine chefs, where the practical experience requirement is relaxed to over 5 years based on a bilateral agreement between Japan and Thailand.

Proving this practical experience is the biggest hurdle in the application process. Applicants must obtain official ‘Certificates of Employment’ from all the restaurants they have worked at in the past, detailing the period of employment, position, and job description. Immigration authorities rigorously scrutinize the authenticity of these certificates and sometimes make international calls to the restaurants listed to verify employment facts. If the applicant’s past employers have gone out of business or refuse to issue a certificate due to an acrimonious departure, it becomes extremely difficult to gather objective proof, making the application very challenging. This strict operation is a measure to prevent the misuse of this qualification as an easy route for labor importation, and companies must carefully assess in advance whether the employment history of potential candidates can be verified.

Requirements for Restaurants and Job Descriptions

There are also requirements that the employing restaurant must meet. Firstly, the restaurant must be an establishment that authentically serves the foreign cuisine of the chef’s specialty. For example, if hiring a chef for Chinese cuisine, the majority of the menu must consist of authentic Chinese dishes. Establishments centered around dishes like ramen or curry rice, which have evolved uniquely in Japan, may not be recognized.

Secondly, the chef’s scope of work is strictly limited to cooking activities. It is not permitted to engage them in ancillary tasks such as customer service in the dining area, cleaning, dishwashing, or cashier duties. Therefore, companies must prove that they have secured separate hall staff and cleaning staff in addition to the chef.

Thirdly, the size of the establishment is also subject to scrutiny. A variety of menu options, a certain number of seats (generally, 25 seats or more is considered a guideline), and a business scale that objectively necessitates the employment of a skilled specialist chef are required. This is to verify the stability of the business and to ensure that there is a management foundation capable of providing an environment for the chef to concentrate on their specialty and to continuously pay a salary equal to or greater than that of Japanese nationals.

Residence Status for On-Site Staff: “Specified Skilled Worker” in Japan

The “Specified Skilled Worker” residence status, established in April 2019 (Reiwa 1), is a relatively new system designed to accept foreign nationals with certain expertise and skills in specific industry sectors where it is difficult to secure domestic talent. The food service industry (officially referred to as the “Eating and Drinking Establishments” sector) is one of the targeted sectors under this system due to a severe labor shortage, making the “Specified Skilled Worker” status the most central and practical option for securing operational staff for on-site work.

Scope of Work and Stages of Residence Status

A key feature of the “Specified Skilled Worker” status is its broad scope of work. In the food service sector, it permits a wide range of activities related to “food preparation, customer service, and store management,” including tasks such as cooking assistance, hall service, cashier duties, cleaning, inventory management, and ordering. This allows foreign workers to undertake core on-site operations that were previously not possible with conventional work visas.

The residence status is divided into two stages based on skill level.

“Specified Skilled Worker No. 1” is the basic entry-level qualification. To acquire it, applicants must pass both the “Food Service Industry Specified Skilled Worker No. 1 Proficiency Test” and a Japanese language proficiency test (either the “Japan Foundation Basic Japanese Test” or the “Japanese-Language Proficiency Test N4 or higher”). The period of stay is limited to a total of 5 years, and, in principle, bringing family members to Japan (family accompaniment) is not allowed.

“Specified Skilled Worker No. 2” is an advanced qualification that can be obtained by those who have completed No. 1 and can demonstrate a higher level of skill. In the food service sector, this requires more than two years of practical experience (including experience in a position where one instructs and supervises multiple employees), as well as passing a more advanced “Food Service Industry Specified Skilled Worker No. 2 Proficiency Test” and the “Japanese-Language Proficiency Test N3 or higher.” With No. 2, there is no limit on renewing the period of stay, effectively allowing long-term employment. Additionally, family accompaniment, including spouses and children, is permitted, enabling a career path that includes settling in Japan.

Legal Obligations Imposed on Companies

Companies that accept “Specified Skilled Worker” foreigners (designated skilled worker organizations) are subject to multiple stringent obligations defined by law, which are not present with other residence statuses. These obligations aim to ensure the proper operation of the system and the protection of foreign workers, and companies must establish a system to comply with them.

1. Direct Employment: Specified Skilled Workers must be directly employed by the accepting company and cannot be accepted as agency workers.
2. Development and Implementation of a Support Plan: Companies are obligated to provide occupational, daily, and social life support to No. 1 foreign nationals. The law specifies ten items of support, including pre-entry information provision, airport pick-up, housing assistance, life orientation, opportunities for Japanese language learning, and handling of consultations and complaints. While companies can provide these support services themselves, many outsource them to “Registered Support Organizations” approved by the Immigration Services Agency of Japan. Outsourcing incurs additional costs.
3. Membership in a Council: All companies that accept Specified Skilled Workers in the food service sector are required to join the “Food Industry Specified Skilled Worker Council” established by the Ministry of Agriculture, Forestry, and Fisheries. This membership procedure must be completed before applying for the first Specified Skilled Worker’s residence status.
4. Restrictions on Workplaces: Employment at establishments engaged in the entertainment and drinking businesses as defined by Japan’s “Act on Control and Improvement of Amusement Business, etc.” (e.g., cabarets, host clubs, etc.) is prohibited.

These obligations should be viewed not merely as administrative procedures but as a kind of social contract between the government and companies. In exchange for obtaining labor, companies bear the responsibility of supporting the integration of foreign talent into Japanese society. Fully understanding this point and incorporating the support system and related costs into business plans is key to making effective use of the system.

Comparing Residence Statuses: Which Visa Should You Choose in Japan?

Each residence status we have discussed so far has its own distinct purpose and requirements. To select the most suitable residence status for your company’s hiring needs, it is essential to compare these personalityistics cross-sectionally and make strategic decisions. For instance, the residence status you should choose for a highly skilled professional responsible for marketing strategies at your headquarters fundamentally differs from that for securing culinary and service staff for a newly opening restaurant. The table below compares and summarizes the personalityistics of the main working residence statuses utilized in the food and beverage industry. Please use this table to comprehensively evaluate the advantages and disadvantages of each status, as well as the obligations required of companies.

As evident from this comparison, if you wish to hire talent with specialized or managerial job functions, and the individual has the relevant academic or professional background, the “Engineer/Specialist in Humanities/International Services” category becomes an option. On the other hand, if you are looking to secure a chef with advanced skills in a specific foreign cuisine, “Skilled Labor” is the sole choice. And for employing staff broadly to handle essential on-site operations such as cooking, customer service, and store management in a restaurant, “Specified Skilled Worker” is the most practical and effective solution. However, when utilizing the “Specified Skilled Worker” status, it is crucial to fully understand the unique legal obligations imposed on companies, such as implementing a support plan and joining a council, and to prepare the necessary systems and costs accordingly.

Specific Procedures for Employing Foreign Nationals in Japan

After deciding to hire foreign talent, it is necessary to follow the formal procedures set out in the Immigration Control and Refugee Recognition Act (入管法) to legally commence employment in Japan. The process of these procedures significantly varies depending on whether the foreign national resides overseas or is already staying in Japan under a different resident status.

Employing Foreign Nationals Residing Overseas: Application for the Certificate of Eligibility (COE) in Japan

When hiring a foreign national living overseas to work in Japan, it is necessary to apply for the Certificate of Eligity (COE). This procedure is stipulated under Article 7-2 of the Japanese Immigration Control and Refugee Recognition Act. The COE is a document that the Minister of Justice issues after a preliminary examination to certify that the activities the foreign national intends to undertake in Japan meet the requirements for the relevant status of residence. Possessing this certificate facilitates the issuance of a visa at an overseas diplomatic mission and expedites the landing examination upon arrival in Japan.

The general procedure is as follows:

1. An employment contract is concluded between the company and the foreign national.
2. The Japanese company, acting as an agent, applies for the COE at the regional immigration bureau with jurisdiction over the company’s location.
3. If approved after the review, the COE is issued. The standard review period ranges from one to three months.
4. The company sends the original COE (or electronic COE) to the foreign national abroad.
5. The foreign national applies for a visa at the Japanese embassy or consulate in their country, including the COE in their application.
6. After the visa is issued, the individual enters Japan. The COE is valid for three months from the date of issue, and the foreign national must land in Japan within this period.

The documents required for the application vary depending on the status of residence being sought (such as “Engineer/Specialist in Humanities/International Services,” “Skilled Labor,” “Specified Skilled Worker,” etc.), but generally include the following:

• Application form for the Certificate of Eligibility
• Photograph of the applicant
• Self-addressed envelope
• Certificate of company registration and recent financial statements of the employing company
• Documents certifying the applicant’s educational and employment background (diplomas, certificates of employment, etc.)
• Copy of the employment contract

It is extremely important to check the latest application forms and detailed requirements for the necessary documents on the official website of the Immigration Services Agency of Japan.

Reference: Immigration Services Agency of Japan: “Application for Certificate of Eligibility”

Employing Foreign Nationals in Japan: Applying for a “Change of Residence Status” Permit

When employing a foreign national already residing in Japan under a “Student” visa or another type of working visa, and the work they will be engaged in is not permitted under their current residence status, an application for a “Change of Residence Status” permit is necessary. This procedure is based on Article 20 of the Japanese Immigration Control and Refugee Recognition Act. An example would be hiring a graduate from a Japanese university as a store supervisor candidate under the “Engineer/Specialist in Humanities/International Services” status.

The general procedure is as follows:

1. An employment contract is concluded between the company and the foreign national.
2. The foreign national themselves must apply for the “Change of Residence Status” permit at the regional immigration bureau that has jurisdiction over their place of residence. In principle, representation by a third party is not allowed; however, a lawyer, administrative scrivener, or staff member of the receiving organization who has filed the necessary notifications and received the required approvals can act as an “application agent.”
3. Upon approval after the review, a new residence card indicating the new residence status will be issued. The standard review period is approximately two weeks to one month.

The most crucial point in this application is to ensure it is done before the expiration of the current residence status. Even if the residence period expires during the review, a special provision allows for legal stay for up to two months from the expiration date, provided that the application is in process.

The required documents vary depending on the current and new residence statuses, but generally include the application form, the company’s statutory documents, proof of the individual’s educational and employment history, and the employment contract, similar to the Certificate of Eligibility (COE) application.

Reference: Immigration Services Agency of Japan: “Application for Change of Residence Status”

Key Legal Points Companies Must Pay Attention To

To successfully employ foreign nationals in Japan, it is essential not only to complete the residence status acquisition procedures but also to comply with related legal regulations and establish a system to manage potential risks.

First and foremost, it is important to re-emphasize the risk of the “Crime of Promoting Illegal Employment.” This applies when a company employs a foreign national beyond the scope permitted by their residence status or hires a foreign national who is staying illegally beyond their permitted residence period. Excuses of ignorance will not suffice, and both the company and the responsible individuals may be subject to criminal penalties. Therefore, thorough verification of the residence card at the time of hiring and diligent management of the residence period after employment are mandatory.

Secondly, there is the obligation to enroll in social and labor insurance. Even for employees of foreign nationality, if they meet the requirements for enrollment such as working hours and number of days, there is a legal obligation to enroll them in health insurance, welfare pension insurance, employment insurance, and workers’ accident compensation insurance, just like Japanese employees. Failure to complete these procedures can result in penalties and surcharges for violating laws and regulations.

Thirdly, the strategic use of the “Reason for Employment” document. Although not a legally required document for the application of residence status, it plays an extremely important role in the examination by the immigration authorities. The Reason for Employment document is used to explain, in concrete and logical terms, why it is necessary to hire that particular foreign national instead of a Japanese person, and how their expertise or skills are essential for the company’s operations. Especially for residence statuses that strictly require a connection between the job content and the individual’s expertise, such as “Engineering, Humanities, International Services,” a persuasive Reason for Employment can be crucial in the success of the application. When creating this document, it is necessary to pay close attention to ensure that there are no contradictions with other submitted documents, such as resumes or employment contracts.

Conclusion

In the Japanese food and beverage industry, foreign talent has become an indispensable element for business growth and sustainability. However, their employment is based on the complex and strict rules set by the “Japanese Immigration Control and Refugee Recognition Act.” As detailed in this article, the main work visas such as “Engineer/Specialist in Humanities/International Services,” “Skilled Labor,” and “Specified Skilled Worker” each have entirely different target personnel, permissible work scopes, and obligations imposed on companies. Business managers in Japan must deeply understand these legal differences and strategically select the appropriate residency status that aligns with their business strategy and recruitment needs. To avoid risks such as procedural delays, denials, and serious compliance violations like illegal employment, accurate knowledge based on the latest laws and careful practical responses are essential.

Monolith Law Office is a law firm with deep insights into IT, the internet, and various business sectors. We have provided legal support related to the employment of foreign nationals to numerous clients within Japan for many years. Our firm employs several attorneys and staff who are English speakers with foreign legal qualifications, and we have a wealth of experience in dealing with complex legal challenges in the international business environment. From applying for residency status to drafting employment contracts and building compliance systems, we can strongly support your company’s foreign employment strategy from a legal perspective. If you have any inquiries regarding the themes discussed in this article, please do not hesitate to contact our office.