Introduction
One of the most commonly used statuses of residence for foreign nationals working in Japan is “Engineer/Specialist in Humanities/International Services” (hereafter “Engineer/Humanities/International”). However, if the actual job duties are deemed “simple labor,” there is a risk that the application or renewal of the status may be denied, or that the work may be considered unauthorized employment. This article explains concrete examples of jobs easily mistaken for simple labor under this status and effective countermeasures.
Overview of the Engineer/Specialist in Humanities/International Services Status
This status is for foreign nationals engaged in professional work in the fields of science and engineering, law and economics, or international business, such as translation and interpretation. Applicants must generally have a university degree or equivalent professional experience.
What Is “Simple Labor”?
The Engineer/Humanities/International status does not allow repetitive tasks that do not require specialized knowledge or skills, known as “simple labor.” Examples include:
- Waiting tables or serving in restaurants
- Cashiering or stocking shelves in retail stores
- Assembly line work in factories
- Housekeeping or cleaning in hotels
- Construction site labor
Such jobs are not covered by this status because they do not require specialized knowledge or skills.
Risks of Being Deemed “Simple Labor”
Even if a company believes a job is “specialized,” immigration authorities may judge it as simple labor. For example, in real estate sales, if the main duties are property tours, cleaning, or handing out flyers, it may be considered simple labor.
Temporary assignments to simple tasks during initial training may also be problematic depending on the content and duration.
Countermeasures
1. Clarify and Prove Job Specialization
- Clearly and specifically describe job duties in application documents, emphasizing the need for specialized knowledge or skills. For example, for sales positions, focus on market analysis, sales strategy planning, and contract drafting.
- Demonstrate the connection between the applicant’s academic background/experience and the job duties.
2. Manage the Proportion of Simple Tasks
- If simple tasks are unavoidable, ensure they do not constitute the main duties. Emphasize that specialized work is primary, and simple tasks are only supplementary.
3. Advance Consultation and Documentation
- Consult with the Immigration Services Agency or a specialist administrative scrivener (gyoseishoshi) in advance if unsure.
- Attach detailed job descriptions, workflow charts, and organizational charts to application documents to substantiate specialization.
4. Consider Other Statuses of Residence
- If simple labor cannot be avoided, consider using the “Specified Skilled Worker” or “Designated Activities” statuses, which allow such work in certain industries.
Example
Ms. A (Chinese, age 27) majored in economics at university and joined a Japanese trading company. Her main duties were negotiating with overseas clients, drafting contracts, and planning marketing strategies, but she also handled product inspection and shipping in the warehouse during her initial training.
The company clarified in the application that Ms. A’s primary duties were highly specialized, detailing the breakdown of her work and the connection between her background and her job. They also emphasized that the simple tasks were only a small part of her overall duties and limited to initial training.
As a result, Ms. A’s Engineer/Humanities/International status was approved.
Conclusion
When employing foreign nationals under the Engineer/Specialist in Humanities/International Services status, it is crucial to prove the specialization of job duties and properly manage the proportion of simple tasks. If you are unsure about how to describe job duties or prepare documents, consult an expert administrative scrivener. With accurate information and proper procedures, you can smoothly obtain and maintain the appropriate status of residence.
