By China Jobs Daily
Processing of the Confirmation Letter for Foreign High-End Talents
The Basis
Regulation of the People’s Republic of China on the Administration of the Entry and Exit of Foreign Nationals
Article 6: Ordinary visas are divided into the following categories and shall be marked with corresponding letters in the Chinese phonetic alphabet. The R visa is issued to foreigners of high talent who are needed, or specialists who are urgently needed, by the State.
Article 7: To apply for the R visa, the applicant shall meet the qualifications and requirements set by the competent authorities of the Chinese government for inviting persons of high talent or urgently needed specialists, and the applicant shall, in accordance with relevant provisions, submit the relevant certification documents.
Notice of the State Administration of Foreign Experts Affairs, the Ministry of Foreign Affairs and the Ministry of Public Security on Issuing the Implementation Measures for Foreign Talent Visas (No. 218 [2017] of the State Administration of Foreign Experts Affairs)
Article 4: Issuing objects of the R visa are the scientists, science and technology leading talents, international entrepreneurs, special talents who meet the orientation of “high-levels, elites, top leaderships, and urgently-needed people” and market demands and can contribute to China’s economic and social development, and shall conform to the Classification Criteria for Foreigners Working in China (Trial) - Conditions for Foreign High-end Talents (Category A). The State Administration of Foreign Experts Affairs, together with the Ministry of Foreign Affairs and the Ministry of Public Security, may timely adjust the identification standards for foreign high-end talents in the light of the needs of economic and social development and the supply and demand of human resources.
Article 5: For foreigners applying for the R visa overseas, their employers shall file applications in the administrative department for foreigners working in China under provincial level, autonomous region level or municipality level People’s Government (hereinafter referred to as the administrative department for foreigners working in China under provincial level People’s Government), submit the application form, the invitation letter of domestic employer, and related proof materials conform to the confirmation standards of talents holding the R visa online.
For those who meet the conditions in the standards for foreign high-end talents, the administrative department for foreigners working in China under provincial level People’s Government will issue a Confirmation Letter for Foreign High-End Talents to the domestic employer within 5 working days online, and exchange the Confirmation Letter for Foreign High-End Talents and other information to the embassy or consulate of China in the local country (region) of the applicant, or other institutions functioning abroad authorized by the Ministry of Foreign Affairs. The State Administration of Foreign Experts Affairs will exchange the above-mentioned information to the Ministry of Foreign Affairs and the Ministry of Public Security.
The Requirements
(I) Basic requirements for employers
1. Employers shall be established by law without serious illegal and dishonest acts; the employment of foreigners shall be for special needs and the appropriate candidates are in short supply domestically in China, while the post doesn’t violate any government regulations; the salary or remuneration for those foreigners shall not be lower than the local minimum wage;
2. For pre-approval by the industry competent authority by law, it shall be approved.
(II) Basic requirements for applicants
1. Capable applicants shall be above 18 years old, in good health, without a criminal record, and have a certain clearly-defined employer in China.
2. Applicants shall be the scientists, science and technology leading talents, international entrepreneurs, special talents who meet the orientation of “high-levels, elites, top leaderships, and urgently-needed people” and market demands and can contribute to China’s economic and social development, and shall conform to the Classification Criteria for Foreigners Working in China (Trial) - Conditions for Foreign High-end Talents (Category A):
(1) Selected in domestic programs for talents introduction
Candidates in talents introduction programs confirmed by competent personnel departments of vice-provincial level and above, which are approved or agreed by the organizing department of the Central Committee of the Communist Party of China, the Ministry of Human Resources and Social Security and the State Administration of Foreign Experts Affairs (subject to the talents introduction plans confirmed in the “Service System for Foreigners Working in China” of the State Administration of Foreign Experts Affairs).
(2) Conforming to the internationally recognized identification criteria for professional achievement
1. Winners of the Nobel Prize (in Physics, Chemistry, Physiology or Medicine, Economics).
2. Winners of the following prizes: The National Medal of Science, the National Medal of Technology and Innovation of the United States
Medals: Medaille d'or du Centre National de la Recherche Scientifique-Gold Medal of the national Centre for Scientific Research; the Royal Gold Medal of the United Kingdom; the Copley Medal; the Turing Award; the Fields Medal; the Wolf Prize in Mathematics; the Abel Prize; the Lasker Award; the Crafoord Prize; the Japan Prize; the Kyoto Prize; the Shaw Prize; famous architecture awards; famous industrial design awards.
3. Academicians of academy of sciences, academy of engineering of various countries.
4. Former committee members, members or council members of International Organization for Standardization (ISO), other internationally well-known academic institutions and international organizations of scientific education.
5. Directors in charge, senior researchers of national institutes or national laboratories of various countries.
6. Persons in charge of project results, chief scientists or major members of science and technology programs of various countries.
7. Former chief editors, deputy editors and senior members of internationally high-level technical journals (JCR Q1, Q2).
8. First authors or corresponding authors (including authors contributed equally) of 3 papers published in internationally high-level technical journals (Journal Citation Reports (JCR) Q1, Q2 of corresponding fields).
9. Former middle managements and above, or former professors, associate professors of foreign (overseas) high-level universities (subject to the list of world-famous universities confirmed in the “Service System for Foreigners Working in China” of the State Administration of Foreign Experts Affairs).
10. Former top managements and major technical R&D members of the headquarters of Fortune 500 Companies, or former management positions above vice-general manager, technical R&D directors of secondary companies or regional headquarters of Fortune 500 Companies.
11. Former top managements of internationally famous financial institutions※ or accounting firms.
12. Presidents, vice-presidents, professors and associate professors of world-famous schools of music, fine art and arts.
13. Chief conductors and players of world-famous orchestras.
14. Artists who once held personal performances in world-famous theatres or concert halls.
15. Winners of the highest level of individual awards in famous literary awards, famous film, television, theatre awards※, famous music awards and famous advertising awards, individual awards in big prizes of first category competitions, first prizes or big prizes of second category competitions of world-famous arts competitions, former judges of such awards and competitions.
16. Top 8 athletes of the Olympic Games, or World Cups, World Championships and other important international competitions which are brought into the Olympic events in recent two terms, top 3 athletes of the Asian Games, or Asian Cups and Asian Championships which are brought into the Asian Games events in recent two terms, and chief coaches or core members of the coaching staff of such athletes.
17. Former ministers and above of foreign governmental agencies, senior leaders of famous international organizations or NGOs.
18. Winners of world and national level skills competitions, or professional talents of competition training; high-skilled talents holding the highest level of internationally common qualification certificates of occupational skills or senior technician qualification certificates of our country.
(3) Foreign talents fulfilling the market-oriented demand for encouraged jobs
1. Senior managers or senior technicians employed by central enterprises and their secondary subsidiaries, global or regional headquarters (confirmed by Ministry of Commerce) of Fortune 500 companies, national new high-tech enterprises (confirmed by science and technology departments of provincial level and above) and large enterprises.
2. Senior managers or senior technicians working in nationally recognized enterprise engineering research centers (confirmed by National Development and Reform Commission), engineering laboratories (confirmed by National Development and Reform Commission), engineering research centers (confirmed by Ministry of Science and Technology), enterprise technology centers (confirmed by economic and information departments) and local technology innovation service platforms (confirmed by Ministry of Science and Technology).
3. Senior managers or senior technicians employed by medium-sized enterprises at home and abroad, or chairman of the board, legal representative, general manager or chief technologist employed by small-sized foreign-invested enterprises specified in the Catalogue of Industries Encouraging Foreign Investment (2019 version).
4. Top managements or associate professors, associate researchers employed by institutions of higher learning or scientific research institutions, or senior lecturers, senior practice instructors and other professionals of deputy senior level and above employed by vocational colleges.
5. Senior managers or professional technicians of deputy senior level and above employed by domestic grade A class 3 general hospitals, specialized hospitals in sub-provincial cities and above, or foreign funded hospitals.
6. Chief conductors, art directors and chief players employed by domestic first-class orchestras and other arts groups.
7. Chief editors, deputy editors, chief announcers, senior hosts, planning supervisors, layout design supervisors and other senior managers or senior technicians employed by central and local mainstream media.
8. Key athletes, chief coaches or core members of the coaching staff employed by national level or provincial level sports teams or clubs.
(4) innovative entrepreneurial talents
1. Business founders who contribute in the form of their own major technical inventions, patents and other proprietary intellectual property rights or know-hows; the investment is stable for three consecutive years; the actual enterprise investment is no less than 500,000 USD; and personal shares are no less than 30% in the enterprise.
2. Chairman of the board, legal representatives, general managers or chief technologists who contribute in the form of their own major technical inventions, patents and other proprietary intellectual property rights or know-hows; the sales volume of the enterprise reaches 10 million RMB for three consecutive years or annual tax payment of the enterprise reaches 1 million RMB for three consecutive years.
3. Senior managers or senior technicians employed by companies specified in the list of innovative enterprises or the list of scientific innovation occupations made by related provincial level departments.
(5) Excellent young talents
Young talents less than 40 years old, who are carrying out post-doctoral researches in foreign (overseas) high-level universities (subject to the list of world-famous universities confirmed in the “Service System for Foreigners Working in China” of the State Administration of Foreign Experts Affairs) or colleges and universities in China.
(III) The application will be approved if the applicant meets the following conditions
1. The applicant meets the application conditions of the confirmation letter for foreign high-end talents;
2. The application documents are true, complete and meet the requirements.
(IV) The application will be rejected in one of the following cases
1. The application documents are not complete;
2. The application documents fail to meet the requirements;
3. The application documents are fake;
4. The applicant does not meet the conditions to issue the confirmation letter for foreign high-end talents;
5. Other cases improper to issue the confirmation letter for foreign high-end talents.
Examination and approval:
The competent agency shall review the application documents, and decide whether to approve the issuance of the Confirmation Letter for Foreign High-End Talents within 5 working days (excluding the date of acceptance) after the application is accepted. After being approved, the Confirmation Letter for Foreign High-End Talents will be generated online
Service fee: Free of charge
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