Japan's 'Specified Skilled Worker' Visa: Legal Explanation of Target Industries and Scope of Work

To address the severe labor shortage faced by Japanese companies, Japan’s Immigration Control and Refugee Recognition Act (hereinafter referred to as the “Immigration Act”) underwent significant amendments in 2019, introducing a new residence status known as “Specified Skilled Worker.” This system aims to accept foreign nationals with certain expertise and skills as immediate assets, particularly in specific industry sectors where securing human resources is challenging. Since its inception, the importance of this system in supporting Japan’s economic foundation has been increasing, and the system is continuously expanding, with new applicable industry sectors to be added in 2024. The Specified Skilled Worker residence status is divided into two categories: “Specified Skilled Worker No. 1” targets foreign nationals engaged in work requiring skills that necessitate a considerable level of knowledge or experience in specific industry sectors, while “Specified Skilled Worker No. 2” is for those engaged in work requiring skilled expertise in specific industry sectors. The differences between these categories extend to various aspects, such as the period of stay, the possibility of family accompaniment, and the obligation of companies to provide support. This article provides a comprehensive and detailed explanation of this essential Specified Skilled Worker system for companies employing foreign nationals, covering its legal framework, the targeted industry sectors and specific job scopes, and the application procedures, all based on the relevant Japanese legal provisions.

The Legal Framework of the ‘Specified Skilled Worker’ Visa Status in Japan

Understanding the employment of foreigners in Japan requires a precise grasp of the difference between a ‘visa’ and ‘residence status.’ Although commonly confused, a visa is issued by Japanese embassies or consulates abroad and serves as a letter of recommendation validating an individual’s entry into the country. On the other hand, residence status legally permits specific activities within Japan and is granted by the Japanese Immigration Services Agency. ‘Specified Skilled Worker’ is one such residence status.

Japanese immigration law clearly distinguishes between two categories of Specified Skilled Workers. The first is ‘Specified Skilled Worker No. 1,’ which targets foreigners who possess a considerable level of knowledge or experience in certain industry sectors and can immediately perform tasks at a certain standard without special training. The second is ‘Specified Skilled Worker No. 2,’ aimed at foreigners who have years of practical experience backing their skilled expertise in the same sectors and, in some cases, have the ability to guide and supervise other employees. The difference in skill levels creates fundamental disparities in the legal status and treatment of both categories.

Comparative Analysis of the “Specified Skilled Worker No. 1” and “Specified Skilled Worker No. 2” Systems in Japan

For companies formulating their talent strategies, understanding the differences between the Specified Skilled Worker No. 1 and No. 2 systems is crucial. These differences extend from the permissible period of employment to provisions regarding family members, and even the potential for obtaining permanent residency.

Firstly, there is a significant difference in the period of residence. The Specified Skilled Worker No. 1 visa requires renewal every 1 year, 6 months, or 4 months, with the total period of stay in Japan limited to a maximum of 5 years. This system is designed with the role of a temporary workforce in mind. In contrast, the Specified Skilled Worker No. 2 visa has no upper limit on the period of residence, allowing for continuous long-term employment in Japan as long as the employment relationship is maintained, with renewals every 3 years, 1 year, or 6 months.

Secondly, the required skill level differs. Specified Skilled Worker No. 1 requires “considerable knowledge or experience” as proven by passing a skills test set by each industry sector. On the other hand, Specified Skilled Worker No. 2 requires “advanced skills” demonstrated by passing a more advanced skills test or through practical experience, often expecting the ability to lead and supervise other skilled workers as a site leader.

Thirdly, the Japanese language proficiency requirements are different. To obtain Specified Skilled Worker No. 1, one generally needs to have passed the Japanese Language Proficiency Test (JLPT) at the N4 level or the Japan Foundation Japanese Basic Test (JFT-Basic) at the A2 level. However, those who have successfully completed the Technical Intern Training No. 2 in Japan are exempt from this test. In contrast, Specified Skilled Worker No. 2 does not generally require a Japanese language proficiency test due to the emphasis on advanced professional skills. However, in some sectors such as fishing and the food service industry, a certain level of Japanese language ability is required for smooth communication with customers and colleagues.

Fourthly, the regulations regarding family accompaniment are decisively different. Under the Specified Skilled Worker No. 1 visa, bringing spouses or children to Japan is generally not permitted. However, those with Specified Skilled Worker No. 2 status can bring their spouse and children to Japan under the “Family Stay” residence status, provided certain requirements are met.

Fifthly, the obligation of support imposed on the accepting organizations, the companies, differs. Companies accepting foreign nationals under Specified Skilled Worker No. 1 are legally obligated to create and implement a detailed “Support Plan for Specified Skilled Worker No. 1 Foreign Nationals,” which includes support for securing housing and providing opportunities to learn Japanese, covering professional, daily, and social life. In contrast, foreign nationals under Specified Skilled Worker No. 2 are considered to have a more stable living foundation in Japan, so companies are not required to provide such comprehensive support.

Lastly, the impact on future applications for permanent residency differs. While the application for permanent residency in Japan generally requires a period of residence of over 10 years, the time spent as a Specified Skilled Worker No. 1 is not counted towards this requirement. However, the period spent under Specified Skilled Worker No. 2 status is included, thus opening a path to potentially acquiring permanent residency in the future.

These systemic differences reflect the clear policy intentions of the Japanese government. While Specified Skilled Worker No. 1 is personalityized more as a temporary system for accepting workers to address short-term labor shortages, Specified Skilled Worker No. 2 can be positioned as part of a comprehensive immigration policy aimed at accepting and settling highly skilled talent in Japanese society over the long term. Therefore, for companies, the choice between these two qualifications is not merely a matter of recruitment procedure but a critical management decision that affects long-term human resource strategies and business continuity planning.

Comparison Chart of “Specified Skilled Worker (i)” and “Specified Skilled Worker (ii)” in Japan

Industries and Job Scope Where Employment is Permitted Under Japanese Law

The specific industries and job descriptions where foreign nationals with Specified Skills can work are strictly defined by the Japanese “Ministerial Ordinance Determining Industrial Fields, etc., Under the Provisions of the Specified Skills Listed in the Lower Column of Table II of Appendix 1 of the Immigration Control and Refugee Recognition Act.” Each field is supervised by the respective ministries in charge of the business, and companies must accurately understand which field their business falls under and what kind of work is permitted.

This system is personalityized by its flexible yet strict operation according to the personalityistics of each industry. The ministries in charge of each field have established detailed rules called “Operational Guidelines,” imposing unique requirements on accepting companies (such as holding specific business licenses or mandatory membership in industry associations). Therefore, companies must comply not only with the Immigration Control Act but also with the Operational Guidelines of the industry to which they belong. For example, a company with multiple business divisions such as construction, food manufacturing, and transportation must follow entirely different regulatory systems set by different ministries, such as the Ministry of Land, Infrastructure, Transport and Tourism, and the Ministry of Agriculture, Forestry and Fisheries. This decentralized regulatory structure complicates compliance and suggests the need for specialized legal advice.

Below, we explain all 16 fields eligible for Specified Skilled Worker No. 1, the acceptance of Specified Skilled Worker No. 2 in each field, and the main permitted job descriptions.

1. Caregiving Sector
   • Supervising Ministry: Ministry of Health, Labour and Welfare
   • Specified Skilled Worker No. 2: Not applicable
   • Job Description: Physical care according to the mental and physical condition of the users (assistance with bathing, meals, excretion, etc.) and related support activities. Visiting services are also possible if certain conditions such as completion of prescribed training and practical experience are met.
2. Building Cleaning Sector
   • Supervising Ministry: Ministry of Health, Labour and Welfare
   • Specified Skilled Worker No. 2: Applicable
   • Job Description: Cleaning inside buildings. Accepting organizations must be registered under the Japanese “Act on Maintenance of Sanitary Conditions in Buildings” for building cleaning services.
3. Industrial Product Manufacturing Sector
   • Supervising Ministry: Ministry of Economy, Trade and Industry
   • Specified Skilled Worker No. 2: Applicable
   • Job Description: Divided into 10 job categories such as “Machine Metal Processing,” “Electrical and Electronic Equipment Assembly,” “Metal Surface Treatment,” and engaged in the manufacturing operations defined for each category.
4. Construction Sector
   • Supervising Ministry: Ministry of Land, Infrastructure, Transport and Tourism
   • Specified Skilled Worker No. 2: Applicable
   • Job Description: There are various job categories such as “Formwork Construction,” “Plastering,” “Scaffolding,” etc. Accepting organizations must have permission based on the Japanese “Construction Business Act.”
5. Shipbuilding and Marine Industry Sector
   • Supervising Ministry: Ministry of Land, Infrastructure, Transport and Tourism
   • Specified Skilled Worker No. 2: Applicable
   • Job Description: Engaged in manufacturing and repair work related to ships and marine machinery, such as “Welding,” “Painting,” “Ironworking,” etc.
6. Automobile Maintenance Sector
   • Supervising Ministry: Ministry of Land, Infrastructure, Transport and Tourism
   • Specified Skilled Worker No. 2: Applicable
   • Job Description: Routine maintenance, periodic inspections, and disassembly maintenance of automobiles. Accepting organizations must be certified by the Director of the Regional Transport Bureau under the Japanese “Road Transport Vehicle Act.”
7. Aviation Sector
   • Supervising Ministry: Ministry of Land, Infrastructure, Transport and Tourism
   • Specified Skilled Worker No. 2: Applicable
   • Job Description: There are two job categories: “Airport Ground Handling (ground traffic support, baggage and cargo handling, etc.)” and “Aircraft Maintenance (maintenance of airframes, equipment, etc.).”
8. Lodging Sector
   • Supervising Ministry: Ministry of Land, Infrastructure, Transport and Tourism
   • Specified Skilled Worker No. 2: Applicable
   • Job Description: Engaged in general lodging services such as front desk, planning and public relations, customer service, and restaurant service.
9. Agriculture Sector
   • Supervising Ministry: Ministry of Agriculture, Forestry and Fisheries
   • Specified Skilled Worker No. 2: Applicable
   • Job Description: Broadly divided into “General Cultivation Agriculture (cultivation management, collection and sorting of agricultural products, etc.)” and “General Livestock Agriculture (breeding management, collection and sorting of livestock products, etc.).” In this field, both direct employment and worker dispatching are permitted.
10. Fisheries Sector
    • Supervising Ministry: Ministry of Agriculture, Forestry and Fisheries
    • Specified Skilled Worker No. 2: Applicable
    • Job Description: There are two job categories: “Fisheries (manufacturing and repairing fishing gear, capturing aquatic animals and plants, etc.)” and “Aquaculture (management of aquaculture materials, breeding management, etc.).” Similar to the agriculture sector, worker dispatching is possible.
11. Food and Beverage Manufacturing Sector
    • Supervising Ministry: Ministry of Agriculture, Forestry and Fisheries
    • Specified Skilled Worker No. 2: Applicable
    • Job Description: Engaged in the manufacturing and processing of food and beverage products (excluding alcoholic beverages), as well as safety and hygiene management.
12. Food Service Industry Sector
    • Supervising Ministry: Ministry of Agriculture, Forestry and Fisheries
    • Specified Skilled Worker No. 2: Applicable
    • Job Description: Engaged in general food service industry tasks such as cooking, customer service, and store management.
13. Automobile Transportation Sector
    • Supervising Ministry: Ministry of Land, Infrastructure, Transport and Tourism
    • Specified Skilled Worker No. 2: Not applicable
    • Job Description: A field added in 2024, engaged in work as “Truck Drivers,” “Bus Drivers,” “Taxi Drivers.”
14. Railway Sector
    • Supervising Ministry: Ministry of Land, Infrastructure, Transport and Tourism
    • Specified Skilled Worker No. 2: Not applicable
    • Job Description: A field added in 2024, engaged in work such as “Track Maintenance,” “Electrical Equipment Maintenance,” “Vehicle Maintenance,” “Transportation Staff (station staff, conductors, etc.).”
15. Forestry Sector
    • Supervising Ministry: Ministry of Agriculture, Forestry and Fisheries
    • Specified Skilled Worker No. 2: Not applicable
    • Job Description: A field added in 2024, engaged in work such as “Forestry,” “Raw Material Production.”
16. Wood Industry Sector
    • Supervising Ministry: Ministry of Agriculture, Forestry and Fisheries
    • Specified Skilled Worker No. 2: Not applicable
    • Job Description: A field added in 2024, engaged in wood processing tasks in sawmilling and plywood manufacturing industries.

Legal Requirements for Accepting Organizations (Specified Skilled Worker Institutions) Under Japanese Law

Companies in Japan that accept Specified Skilled Foreign Workers (legally referred to as “Specified Skilled Worker Institutions”) are obligated to comply with numerous legal requirements based on the “Ministerial Ordinance on Standards for Specified Skilled Employment Contracts and Support Plans for Type 1 Specified Skilled Foreign Nationals.” These requirements aim to ensure proper working conditions and protect the livelihoods of foreign nationals, thereby imposing strict compliance obligations on companies.

Firstly, the content of employment contracts is rigorously scrutinized. In particular, the remuneration must be equal to or greater than that of Japanese workers performing equivalent work. This is a crucial provision to prevent the exploitation of foreign nationals as cheap labor.

Next, the eligibility of the company itself is required. There must be no significant violations of the Immigration Control Act or labor-related laws within the past five years, and the company must have a stable management foundation capable of fulfilling employment contracts consistently.

Especially important is the establishment of a support system for Type 1 Specified Skilled Foreign Nationals. Accepting organizations must create and faithfully implement a “Support Plan for Type 1 Specified Skilled Foreign Nationals” to ensure that foreign nationals can work stably and smoothly in Japan. This plan includes mandatory support across ten items, such as providing pre-entry life guidance, transportation to and from airports at the time of entry and departure, assistance in securing housing, conducting life orientation, accompanying public procedures, providing opportunities to learn Japanese, responding to consultations and complaints, and promoting interaction with Japanese people. These support obligations go beyond the mere responsibilities of an employer and impose a quasi-guardianship role on companies to comprehensively support the adaptation of foreign nationals to Japanese society. Consequently, companies are required to bear appropriate management costs and possess specialized knowledge.

For companies that find it difficult to fulfill these support obligations on their own, there is an option to entrust the implementation of the entire support plan to a “Registered Support Organization” approved by the Commissioner of the Immigration Services Agency. For small and medium-sized enterprises and others lacking the resources to build a support system in-house, utilizing this system can be an effective strategy.

Finally, all accepting organizations are required to join a “Council” established by the supervising ministry of the industry in which the foreign nationals are employed. This council is an institution for sharing information and promoting compliance with laws and regulations to ensure the proper operation of the system, and membership is a mandatory condition for accepting Specified Skilled Foreign Workers.

Application Procedures for Employment: A Practical Guide Under Japanese Law

When employing a foreign national residing overseas under the Specific Skills visa status in Japan, the most common procedure is the application for the Certificate of Eligibility (COE). The success of this process hinges on the company’s preparation and compliance.

The first step in the procedure is to conclude a Specific Skills employment contract with the foreign national and, in the case of Specific Skills No. 1, to formulate a support plan for No. 1 Specific Skills foreign nationals. Once these preparations are in place, the accepting organization acts as the applicant and applies for the COE at the Regional Immigration Bureau that has jurisdiction over the company’s location.

After the application, the Immigration Bureau conducts a review. The standard review period is approximately one to three months, but it may take longer during peak application periods. This review scrutinizes not only the foreign national’s eligibility but also the accepting organization’s management status, tax and social insurance payment status, and compliance with labor laws. In other words, the COE application process is also a test of the company’s governance and compliance systems.

Once the COE is granted after the review, the accepting organization sends it to the applicant who is overseas. The applicant then submits the COE to the local Japanese embassy or consulate and applies for a visa. After the visa is issued, the applicant will enter Japan. It is important to note that the COE is valid for three months from the date of issue. The applicant must complete the landing application in Japan within this period.

The application process requires meticulous preparation due to the wide variety of documents to be submitted. The documents are broadly divided into those prepared by the accepting organization and those prepared by the applicant themselves.

• Main documents prepared by the accepting organization
  • Application for Certificate of Eligibility
  • Overview of the Specific Skills affiliated organization
  • Certificate of registered matters
  • Copies of financial statements
  • Certificates of payment for labor insurance, social insurance, national and local taxes
  • Copy of the Specific Skills employment contract
  • Copy of the employment conditions document
  • Copy of the support plan for No. 1 Specific Skills foreign nationals (if applicable)
• Main documents prepared by the applicant themselves
  • Passport-sized photograph
  • Documents proving skill level (e.g., certificate of passing a skills test)
  • Documents proving Japanese language proficiency (e.g., certificate of passing a Japanese language test)
  • Personal health examination form

The formats of these documents and a detailed list are available on the website of the Immigration Services Agency of Japan. It is essential for company representatives to always check for the latest information.

Reference: List of Application and Notification Forms Related to Specific Skills

Reference: Specific Skills Guidebook – For Businesses Considering Employing Specific Skills Foreign Nationals

Summary

The Specific Skills Visa System is an essential legal framework designed to address the structural challenge of labor shortages faced by Japanese industries. However, its operation is highly specialized and complex, requiring companies to comply not only with the Immigration Control Act but also with detailed operational guidelines set by the ministries governing each industry sector, as well as extensive support obligations for Specific Skills Visa No. 1 foreign nationals. Accurately understanding and properly fulfilling these legal requirements is key to ensuring compliance and securing a stable supply of excellent talent. Companies must view this system not merely as a means of securing labor but as a strategic human resources and legal issue that requires a long-term perspective.

Monolith Law Office possesses deep insights and a wealth of experience across Japanese immigration law, labor law, and corporate law. We have successfully guided numerous domestic and international clients through the complex legal procedures associated with employing foreign talent, including the Specific Skills Visa System. Our firm boasts a team of professionals, including English-speaking experts with both Japanese attorney qualifications and foreign legal qualifications, enabling us to seamlessly address the unique needs of companies in the international business environment without language or cultural barriers. For consultations regarding the employment of foreign nationals under the Specific Skills Visa System, please entrust Monolith Law Office with your needs.