When a global company transfers a foreign employee to its Japanese office, the most common residency status (visa) considered is the "Intra-Company Transferee" visa.

While this visa offers significant advantages such as waived educational requirements, the Immigration Services Agency maintains strict screening criteria regarding the employee's work history prior to the transfer and their planned treatment in Japan. This article explains the three most critical requirements based on current law and practice: overseas work history, job duties, and compensation.
 

Overview of the "Intra-Company Transferee" Visa

This status is granted to employees of an overseas branch or office who are transferred to a Japanese office of the same public or private organization for a limited period to perform specific professional duties.

While commonly known as the "Expat Visa," it does not apply to all transfers. Two core premises must be met:

• Definition of Transfer: This includes transfers between a head office and a branch, as well as secondments between parent companies, subsidiaries, and affiliates. A clear capital relationship must exist. Notably, "Japanese offices" include representative offices that have a physical presence, even if they lack a formal corporate registration.
• Fixed Term: Since the transfer is categorized as temporary, the employment period in Japan must be defined.

1. Overseas Work History (The "One-Year Rule")

One of the most fundamental requirements is the employee’s tenure at the overseas entity immediately prior to the transfer.
 

At Least One Year of Continuous Employment

The applicant must have been employed at an overseas head office, branch, or other office for at least one continuous year immediately prior to their transfer to Japan.

• Immediacy: The one-year period must lead directly up to the transfer. If an employee worked for the company for a year in the past but then left and was recently rehired, they may not meet this requirement.
• Relevance of Work: This one year of experience must be in a professional capacity equivalent to the "Engineer/Specialist in Humanities/International Services" categories (explained below). Part-time work or unskilled labor performed during this period generally does not count toward the one-year requirement.

2. Specialized Job Duties in Japan

The duties performed in Japan are not arbitrary. The work must fall under the scope of the "Engineer/Specialist in Humanities/International Services" categories. Specifically, the role must fit into one of these professional classifications:

• White-Collar Specialized Duties: Roles requiring advanced knowledge in the natural or social sciences.
  • Technical: Systems engineering, mechanical design, quality control, etc.
  • Humanities/Specialist: Planning, sales, accounting, HR, legal, marketing, etc.
• International Services: Roles requiring a specialized "sensitivity" or way of thinking based on a foreign culture.
  • Examples: Translation/interpretation, language instruction, PR, or international trade.

Prohibition of Unskilled Labor
Roles involving "unskilled labor" such as factory line work, construction labor, or cleaning services are strictly prohibited under this visa. Unless these tasks are a minor, temporary part of a formal training program, the visa will likely be denied if the primary duties are deemed non-specialized.

3. Compensation Equivalent to Japanese Nationals

To ensure foreign talent is not used as "cheap labor," the government sets clear standards for pay.
 

Equal or Greater Pay

The transferee must receive compensation equal to or greater than what a Japanese national would receive for the same role within that organization.

• Source of Payment: Compensation can be paid by the Japanese office, the overseas office, or a combination of both. Immigration reviews the total amount to ensure it meets the standard.
• Allowances vs. Remuneration: Standard business expenses or reimbursements, such as commuting or housing allowances, are generally excluded from the core "remuneration" calculation. The focus is typically on base salary and bonuses.
• Benchmarking: It is crucial to ensure the salary is not lower than the company’s internal wage regulations or the prevailing market rate for Japanese employees in similar positions.

4. Conclusion

The "Intra-Company Transferee" visa is a powerful option for bringing experienced staff to Japan, especially those who may not hold a university degree but have deep institutional knowledge.

However, approval requires objective evidence of one year of specialized overseas experience, a professional job description in Japan (excluding unskilled labor), and fair compensation levels. Because requirements can vary based on the specific capital relationship between entities or the contract structure, careful preparation based on the latest immigration policy is essential.

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