Introduction

Many companies that wish to employ foreign workers under the “Skilled Labor” status of residence feel frustrated, saying that “the applicant’s background should be sufficient, but the application is not approved” or “after several refusals, we gave up hiring.”
In many cases, the main cause is not the foreign worker but the employer’s insufficient understanding of the legal requirements and examination points of the “Skilled Labor” status of residence.
This article explains the basic concept of the “Skilled Labor” status, typical patterns in which applications fail due to the employer’s lack of understanding, and how to build an effective support system using specialists and public institutions.

What Is the “Skilled Labor” Status of Residence?

The Immigration Services Agency of Japan defines the “Skilled Labor” status as activities to engage in services which require industrial techniques or skills belonging to special fields under a contract with a public or private organization in Japan.​
Typical examples include cooks of foreign cuisine, engineers of foreign-specific construction styles, processors of jewelry and precious metal crafts, workers engaged in dyeing, weaving, or repair of specialized instruments, all of which require long-term, experience-based professional skills.

Thus, “Skilled Labor” is not for simple labor or assistant work but for personnel who will take charge of core professional and highly skilled duties within the company.
Accordingly, examinations focus on whether the applicant’s skill level and the actual job duties in Japan truly fit this legal definition.

Typical Problems Caused by Employers’ Misunderstandings

When applications for “Skilled Labor” do not go smoothly, there is frequently a gap between the employer’s expectations and the legal framework.

Common issues include:

• Job duties do not qualify as “skilled labor”
  For example, a restaurant may intend to hire a foreign chef as a main cook, but the employment contract and job description show that the main tasks are preparation assistance, dishwashing, and hall service.
  In such a case, the work may not be regarded as activities requiring skilled techniques in a special industrial field, and may not fit the “Skilled Labor” category.
• Insufficient understanding of required years of experience
  For certain categories such as cooks of foreign cuisine, the ministerial notification requires specific years of work experience, such as ten years including the period of specialized education.
  If an employer files an application for a person with only a few years of experience, assuming that “high ability is enough,” the application may be refused.
• Mismatch between education or qualifications and job duties
  Even if the applicant majored in cuisine, construction, or crafts at an overseas educational institution, the application may face difficulty if the planned duties in Japan are not clearly linked to that specialization.
  Under the “Skilled Labor” status, both the applicant’s skills and the actual job duties must be assessed together, so any mismatch can be disadvantageous.
• Inappropriate working conditions and remuneration
  The Immigration Services Agency also reviews whether the foreign worker’s remuneration is equal to or higher than that of Japanese workers in similar positions, and whether they are properly enrolled in social insurance.
  If the salary level is significantly lower than that of Japanese staff or social insurance coverage is lacking, the employment environment may be considered inappropriate.

Case Image: How Misunderstanding Leads to Refusal

The following is a general image, not an introduction of any specific company, to illustrate how misunderstandings can increase the risk of refusal.

Suppose a restaurant of foreign cuisine decides to hire a cook with overseas experience as a full-time employee and applies for a Certificate of Eligibility under the “Skilled Labor” status.
Although the restaurant believes it offers authentic foreign cuisine, the submitted employment contract and job advertisement mainly describe duties such as preparation assistance, washing dishes, and general restaurant work.

In such a case, the examiner may conclude that the main activities are general restaurant tasks rather than core cooking duties that utilize advanced skills in foreign cuisine.
If the applicant’s work history and job certificates do not clearly indicate his or her role and responsibilities, the examiner may suspect that the person mainly performed assistant work in the past as well.

As a result, there is a higher risk that the work will not be assessed as activities requiring skilled techniques in a special industrial field, and that the relationship between the applicant’s experience and the planned duties will be deemed unclear.
Such risks can often be reduced if the employer correctly understands the requirements of “Skilled Labor” and carefully prepares job descriptions and supporting documents in advance.

Key Points Employers Should Confirm

When considering hiring under the “Skilled Labor” status, employers should at least confirm the following points.

• Whether the job category falls under “Skilled Labor”
  The Immigration Services Agency’s explanation of “Skilled Labor” provides typical job categories and conditions, such as cooks of foreign cuisine, foreign-specific construction engineers, processors of jewelry and precious metals, workers in dyeing and weaving, and repairers of specialized instruments.
  It is important to check whether your job offer properly fits within this framework.
• Whether the applicant’s experience meets the ministerial standards
  Employers should verify, through resumes and employment certificates, whether the applicant’s years of experience and major fields meet the relevant standards for each category, such as ten years of work experience.
  It may not be sufficient that the applicant has merely worked at a restaurant for some years; the concrete duties performed must also be examined.
• Whether the job duties utilize “skilled techniques”
  Employment contracts and job descriptions should describe the duties in a concrete way that shows they require and fully utilize skilled techniques, rather than simple labor.
  It can be helpful to state roles such as menu development, management of cooking processes, and staff training to clarify the professional responsibilities expected.
• Whether remuneration and working conditions are appropriate
  Employers need to ensure that the salary level is equal to or higher than that of Japanese workers in comparable positions and that the foreign worker will be enrolled in social insurance.
  It is advisable to prepare documents such as written working condition notices, work rules, and wage ledgers to demonstrate an appropriate working environment.

Support Systems When Applications Do Not Go Smoothly

Even if you believe the requirements are satisfied, you may still feel unsure about the application result or not know how to improve your documents.
In such cases, the following support systems may be useful.

• Consultation with Immigration Services Agency offices
  The Immigration Services Agency and its regional offices provide consultation counters for general questions about statuses of residence and procedures.​
  You can confirm official explanations on required documents and basic requirements.​
• Information from public institutions and support organizations
  For Technical Intern Training and the Specified Skilled Worker system, the Ministry of Justice and related organizations offer explanatory materials and consultation services regarding the acceptance of foreign workers.
  Although these systems differ from “Skilled Labor,” their information can help employers understand the overall framework of foreign worker policies and the differences between residence statuses.
• Review of documents and systems by specialists
  Employers may also ask specialists familiar with residence status practice to review:
  – Whether job descriptions and duties match the requirements of “Skilled Labor”
  – Whether the applicant’s career is properly substantiated
  – Whether the chosen status of residence is appropriate compared with other work-related statuses such as “Engineer/Specialist in Humanities/International Services”​
• Strengthening internal systems for accepting foreign workers
  By organizing internal structures such as job duties, reporting lines, and evaluation systems, and documenting them clearly, employers can add persuasiveness to their applications.
  For “Skilled Labor,” it is particularly important to articulate how the foreign worker’s skills will be utilized and how they will contribute to the business.

Conclusion

The “Skilled Labor” status of residence is designed for foreign workers who will engage in activities that require skilled techniques in special industrial fields, and examinations cover not only the applicant’s skills but also the employer’s job design and working conditions.
Applications often fail because the job duties do not qualify as skilled work, the applicant’s experience is not properly explained, or the working conditions are inappropriate, all of which stem from the employer’s lack of understanding.

Before filing an application under “Skilled Labor,” employers should carefully check official explanations and confirm that their job offers and applicants’ backgrounds satisfy the requirements.
By combining this with the use of public consultation services and professional advice, as well as reviewing internal employment systems, employers can significantly improve the likelihood of successful applications for the “Skilled Labor” status of residence.