Introduction
When foreign nationals apply for the “Engineer/Specialist in Humanities/International Services” status of residence in Japan, salary is a crucial screening point. Especially if the annual salary is lower than that of Japanese employees, the risk of being denied the visa increases. This article explains, based on the latest information from the Ministry of Justice and Immigration Services Agency, why salary is important, the legal basis, key points, and practical measures to avoid refusal.
Salary Requirements for “Engineer/Specialist in Humanities/International Services” Visa
The “Engineer/Specialist in Humanities/International Services” visa (hereafter “Engineer/Humanities/International Visa”) is for foreign nationals who work in Japan utilizing their expertise or skills. One of the clear requirements is that the salary must be “equal to or higher than that paid to Japanese employees engaged in the same work”.
Legal Basis for Salary Standards
- Immigration laws and related ordinances require that foreign employees receive a salary equal to or higher than Japanese employees in similar positions.
- This is to prevent unfair low-wage labor and ensure fair employment practices.
Definition of Salary
- Salary includes base salary and bonuses.
- Commuting allowance, housing allowance, and similar reimbursements are generally not included in the calculation.
General Guideline
- Although it varies by region and industry, a monthly salary of at least 200,000 yen is often cited as a standard.
- If the salary is below this or clearly lower than that of Japanese employees, there is a high risk of refusal.
Risks When Salary Is Lower Than Japanese Employees
- Immigration authorities compare the applicant’s salary with that of Japanese employees in similar roles. If it is significantly lower, it is deemed “inappropriate treatment”.
- As a result, the visa application may be denied or renewal may not be approved.
Specific Measures to Avoid Refusal
1. Review Salary Levels
- Check employment contracts and wage regulations to ensure the salary is equal to or higher than that of Japanese employees in similar roles.
- If there are no Japanese employees, research market rates for similar jobs and set the salary accordingly.
2. Prepare Salary Proof
- Submit wage regulations, payroll records, and employment contracts to objectively prove the appropriateness of the salary.
- If necessary, prepare payslips of Japanese employees in similar roles.
3. Clarify Job Description
- Clearly explain that the work is specialized and meets the requirements for the “Engineer/Humanities/International” visa, not simple labor or entry-level work.
- This is important to avoid being judged as “low expertise” if the salary is low.
4. Example (Fictitious Case)
For example, if a foreign engineer is offered 200,000 yen per month while Japanese engineers at the same company earn 250,000 yen, the application may be denied. Adjusting the salary to at least 250,000 yen increases the chance of approval.
5. Comply with Minimum Wage
- Setting a salary below the regional minimum wage is a violation of the Minimum Wage Act and will result in automatic refusal.
6. Company’s Financial Health
- If the company’s financial status is unstable, authorities may doubt its ability to pay salaries, affecting the review.
- Prepare financial statements and tax certificates as needed.
FAQs and Cautions
Q. What if there are no Japanese employees?
→ Use market rates for similar jobs in the industry as a basis.
Q. What is included in “salary”?
→ Base salary plus bonuses. Commuting and housing allowances are not included.
Q. What documents are required?
→ Employment contract, wage regulations, payroll records, payslips, company financial documents, etc..
Conclusion
For the “Engineer/Specialist in Humanities/International Services” visa, having a lower salary than Japanese employees greatly increases the risk of refusal. Setting the salary at least equal to that of Japanese employees and preparing objective proof are essential. Also, pay attention to the job’s specialization and the company’s financial health. Careful preparation based on accurate information is the shortest route to visa approval.
