According to recent media reports, the Immigration Services Agency of Japan is expected to introduce a new requirement regarding the status of residence “Engineer/Specialist in Humanities/International Services” (hereinafter referred to as the “Engineer/Specialist Visa”). Starting March 9, both staffing agencies (dispatch companies) and host companies will be required to submit written pledges when placing foreign workers with this visa status in temporary staffing arrangements.
This policy change represents an important step toward strengthening proper employment management of foreign talent. However, with limited time before implementation, many companies and foreign nationals are understandably concerned, asking “What measures should be taken?” and “Is our company compliant?”
In this article, drawing from my experience as an administrative scrivener handling numerous foreign employment cases, I will explain the background of this policy change, its specific requirements, the actions companies should take, and key points foreign nationals need to know.
- Why Mandatory Pledges Now? The Growing Problem of Unauthorized Activities Under the Engineer/Specialist Visa
- Government Policy Developments Concerning Foreign Employment
- Key Representations Required Under the Pledge System
- Criteria for Permitted vs. Prohibited Work Under the Engineer/Specialist Visa
- Immediate Actions for Staffing Agencies
- Immediate Actions for Host Companies
- For Foreign Residents in Japan: What You Should Verify
- Reliance Solely on the Staffing Agency’s Explanation May Not Provide Legal Protection
- Practical Implementation of the Pledge System: When and How to Submit
- Temporary Staffing vs. Direct Employment: Considerations for Decision-Making
- Frequently Asked Questions (FAQ)
- When to Seek Professional Advice
- Conclusion: Toward Proper Temporary Employment
Why Mandatory Pledges Now? The Growing Problem of Unauthorized Activities Under the Engineer/Specialist Visa
The “Engineer/Specialist in Humanities/International Services” status of residence is one of Japan’s most widely used work visas. It covers white-collar positions such as technical roles in science and engineering, legal/economic work, translation/interpretation, and international business transactions, generally requiring bachelor’s-level specialized knowledge.
In recent years, the number of foreign nationals holding Engineer/Specialist Visa status has surged due to labor shortages. The temporary staffing industry in particular has increasingly utilized Engineer/Specialist Visa holders as dispatch workers.
However, compliance concerns have increasingly been identified in practice.
The Reality: “Professional Workers” Engaged in “Unskilled Labor”
The situation confirmed by the Immigration Services Agency, local governments, and administrative scriveners is problematic from a regulatory perspective:
- Staffing agencies provide incorrect explanations that “simple tasks are permissible under the Engineer/Specialist Visa”
- Dispatch workers are assigned to material transport, packaging, and simple assembly line work at host companies
- Contracts state “system development support” but actual work consists merely of data entry
- Contracts specify “professional work” while most duties are unskilled labor
Such cases may constitute violations of the Immigration Control and Refugee Recognition Act of Japan, including the offense of facilitating illegal employment.
Government Policy Developments Concerning Foreign Employment
On January 23, 2026, the government adopted a new basic policy on foreign workers. Regarding the Engineer/Specialist Visa, it explicitly stated the need to “examine measures to ensure that foreign workers engage in professional duties at receiving organizations.”
Furthermore, a proposal compiled in January by the Liberal Democratic Party’s Foreign Worker Policy Headquarters included a specific measure: “require staffing agencies to pledge at the time of acceptance that dispatch workers will engage in professional duties at host companies.”
The current mandatory pledge system represents the concrete implementation of this policy shift.
Key Representations Required Under the Pledge System
Let’s examine in detail the pledge system being implemented from March 9.
Who Must Submit Pledges
1. Staffing Agency (Dispatch Company) Temporary staffing companies that dispatch foreign nationals with Engineer/Specialist Visa status
2. Host Company (Receiving Organization) Companies that receive foreign nationals with Engineer/Specialist Visa status as temporary workers
By requiring pledges from both parties, the system clarifies where responsibility lies.
Content of the Pledge
The pledge is expected to affirm the following points:
✓ The worker will engage in professional duties At the host company, the foreign national will perform professional/technical work permitted under the Engineer/Specialist Visa status of residence
✓ Application content contains no false information The work duties and employment conditions submitted by the foreign national in their status of residence application are truthful
✓ Both parties accurately understand the work content Both the staffing agency and host company accurately understand the foreign national’s work duties and the requirements of the status of residence
Potential Consequences When False Information Is Discovered
If false statements are made in the pledge or if the foreign national is not in fact engaged in authorized activities, the following consequences may arise:
For the foreign national:
- Possible revocation of status of residence or denial of extension of period of stay
For the staffing agency:
- Potential criminal liability under the offense of facilitating illegal employment (imprisonment for up to three years or a fine of up to JPY 3,000,000)
- Possible administrative consequences affecting business operations
For the host company:
- Potential criminal liability for facilitating illegal employment
- Loss of trust from business partners
- Negative impact on recruitment activities
Criteria for Permitted vs. Prohibited Work Under the Engineer/Specialist Visa
Before submitting a pledge, it’s essential to understand what is permitted and what is not permitted under the Engineer/Specialist Visa.
Work Permitted Under the Engineer/Specialist Visa (Professional/Technical Fields)
[Science & Engineering (Technical)]
- System development, design, programming
- Mechanical design, CAD work
- Quality control (requiring specialized knowledge)
- Technical research and development
- Technical sales and support
[Humanities (Knowledge in Humanities)]
- Accounting/finance (involving professional judgment)
- Legal/compliance work
- Marketing strategy development
- Human resources/labor management (professional duties)
- Trade operations, planning and coordination
[International Services]
- Translation/interpretation
- Planning, coordination, and negotiation of international business
- Language education
- International public relations and advertising
Work Not Permitted Under the Engineer/Specialist Visa (Unskilled Labor)
× Simple assembly work on production lines × Transport and delivery of materials/products × Cleaning and tidying × Simple data entry (without professional judgment) × Warehouse sorting and packing × Customer service/sales (without specialized skills) × Simple clerical work
Professional advice should be sought where there is uncertainty regarding the scope of authorized activities.
Immediate Actions for Staffing Agencies
Companies operating as staffing agencies that dispatch foreign nationals with Engineer/Specialist Visa status should consider taking the following measures by March 9:
1. Comprehensive Review of All Currently Dispatched Engineer/Specialist Visa Workers
□ Create a list of all dispatched Engineer/Specialist Visa workers □ Verify each person’s status of residence and actual work duties at host companies □ Check consistency between contracted duties and actual work □ Confirm the ratio of professional work to simple tasks
2. Review Contract Terms with Host Companies
□ Clarify work content (specify exactly what duties will be performed) □ Confirm professional nature (does the work require bachelor’s-level knowledge/skills?) □ Revise contract templates □ Explain and communicate changes to host companies
3. Training for Sales Staff and Coordinators
□ Understanding Engineer/Specialist Visa status of residence requirements □ Criteria for permitted vs. prohibited work □ Content and importance of the pledge system □ Risks of the offense of facilitating illegal employment □ Regular training implementation
4. Internal System for Pledge Submission
□ Prepare pledge format □ Establish submission flow and approval process □ Set up record-keeping and management system □ Implement deadline management system
5. Address Cases Requiring Further Review
If there are current cases where the characterization as “professional work” is uncertain:
- Promptly review work content
- Renegotiate contracts or modify duties with host companies
- Consider terminating dispatch or changing to a different status of residence as needed
- Consult with specialists such as administrative scriveners
Immediate Actions for Host Companies
Companies receiving foreign nationals with Engineer/Specialist Visa status as temporary workers should also consider taking appropriate measures.
1. Verify Work Content of Accepted Engineer/Specialist Visa Workers
□ List all currently accepted Engineer/Specialist Visa foreign workers □ Confirm each person’s actual work duties (on-site interviews) □ Check consistency with dispatch contracts □ Assess presence or absence of professional nature
2. Thorough Communication to On-Site Managers
□ Explain Engineer/Specialist Visa status of residence requirements □ Communicate prohibition of assignment to simple tasks □ Explain the pledge system □ Share potential compliance risks
3. Review Work Assignments
If professional duties cannot be secured:
- Redesign work content
- Transfer to other departments
- Renegotiate with staffing agency
- Decide whether to continue acceptance
4. Strengthen Coordination with Staffing Agency
□ Regular reporting of work content □ Prompt consultation when issues arise □ Prevent divergence between contract and reality □ Joint confirmation of pledges
5. Establish Internal Systems
□ Clarify foreign temporary worker management supervisor □ Regular monitoring system □ Establish consultation services □ Build record-keeping and reporting mechanisms
For Foreign Residents in Japan: What You Should Verify
To foreign nationals working as temporary workers with Engineer/Specialist Visa status of residence: This policy change may directly affect you.
Check Your Current Job
Please consider the following questions:
1. Is your status of residence “Engineer/Specialist in Humanities/International Services”? → Check your residence card
2. Are you working as a temporary worker? → This applies if your employer is a staffing agency and you work at a different company
3. Is your current job professional work? → Are you utilizing the knowledge you studied at university or your specialized skills?
4. Does your actual work match what’s written in your contract? → Does the contract say “system development” but you only do simple data entry?
5. Are simple tasks your main work? → Do material transport, packing, cleaning, and mechanical tasks occupy most of your work hours?
Reliance Solely on the Staffing Agency’s Explanation May Not Provide Legal Protection
Unfortunately, some staffing agencies may provide incorrect explanations such as “simple tasks are permissible under the Engineer/Specialist Visa” or “minor deviations should be acceptable.”
However, if status of residence is lost, significant adverse consequences may arise for the foreign national.
Revocation of status of residence may result in the obligation to depart Japan and may lead to restrictions on future re-entry, potentially for periods of 5 to 10 years. This may result in the loss of employment and career opportunities in Japan.
If You Have Concerns, Seek Professional Advice
“I am uncertain whether my current job is permitted under the Engineer/Specialist Visa” “I am assigned work different from my contract” “The staffing agency does not respond when I raise concerns”
If you have such concerns, professional consultation is advisable.
Consultation resources:
- Administrative scriveners (specialists in status of residence matters)
- Foreign Residents Support Center (FRESC)
- Legal Support Center (Houterasu)
- Foreign consultation services at local municipalities
- Labor Standards Inspection Office (for labor condition issues)
Early consultation may assist in identifying appropriate solutions.
Practical Implementation of the Pledge System: When and How to Submit
Timing of Submission
1. New Certificate of Eligibility application When accepting an Engineer/Specialist Visa foreign national from overseas as a temporary worker for the first time
2. Change of Status of Residence application When changing from another status of residence to Engineer/Specialist Visa and engaging in temporary work
3. Extension of Period of Stay application When renewing for foreign nationals already working in temporary positions under the Engineer/Specialist Visa
Where to Submit
Submit to the Immigration Services Agency along with other required documents at the time of application.
Pledge Validity Period
The validity is expected to be linked to the period of stay. When the period of stay is renewed, a new pledge submission may be required.
Record Retention
Both staffing agencies and host companies are advised to retain copies of pledges and be able to present them when requested.
Temporary Staffing vs. Direct Employment: Considerations for Decision-Making
In light of this policy change, companies may consider whether temporary staffing or direct employment is more appropriate for their circumstances.
Benefits of Temporary Staffing
- Flexibility in employment adjustment
- Reduced burden of recruitment and labor management
- Professional matching support
Potential Challenges of Temporary Staffing (Especially for Engineer/Specialist Visa)
- Stricter constraints on work content
- Management burden of pledges
- Complex responsibility-sharing between agency and host
- Increased compliance considerations
Benefits of Direct Employment
- Greater flexibility in work assignments (within permitted scope)
- Long-term development and retention
- Smoother communication
- Integration into corporate culture
Potential Challenges of Direct Employment
- Burden of recruitment and labor management
- Direct responsibility for status of residence applications
- Employment risk burden
It’s important to comprehensively consider your company’s business characteristics, foreign talent utilization policy, and compliance framework to select the optimal employment format.
Frequently Asked Questions (FAQ)
Q1. What happens if we don’t submit a pledge? A. There is a possibility that the status of residence application will be denied. Even if the worker is already employed, renewal may be denied.
Q2. Do we need to retroactively submit pledges for Engineer/Specialist Visa workers dispatched in the past? A. The requirement is expected to apply to applications (including renewals) from March 9 onward. Immediate submission may not be required for foreign nationals who have already obtained status of residence, but it may be necessary at the next renewal.
Q3. Is there a set format for the pledge? A. An official format is expected to be provided by the Immigration Services Agency. Please confirm before the implementation date.
Q4. If there are multiple host companies, are pledges needed from all of them? A. It is expected that a separate pledge may be required for each host company.
Q5. What measures should be taken if work content changes after submitting a pledge? A. Prompt reporting to immigration authorities is advisable and, as necessary, application for a change of status of residence or certificate of authorized employment should be considered.
Q6. Are pledges required for other statuses of residence (such as Specified Skilled Worker)? A. This system is expected to target the Engineer/Specialist Visa. Other statuses of residence follow their respective procedural requirements.
When to Seek Professional Advice
In the following situations, consultation with a specialist (administrative scrivener) is advisable:
[For Staffing Agencies]
- Uncertainty regarding whether currently dispatched Engineer/Specialist Visa workers’ duties are appropriate
- Concerns about pledge content
- Questions regarding how to revise contract terms with host companies
- Need for guidance on internal system setup
[For Host Companies]
- Uncertainty regarding whether accepted workers’ duties are permitted under the Engineer/Specialist Visa
- Requested by staffing agency to sign pledge but uncertain about content
- Need to determine whether to review work assignments
[For Foreign Individuals]
- Concern whether current job matches status of residence
- Assigned work different from contract
- Staffing agency does not respond to consultations
- Concern about potential status of residence revocation
Conclusion: Toward Proper Temporary Employment
The mandatory pledge system starting March 9 represents an important step toward proper temporary employment under the Engineer/Specialist Visa.
To Companies
Rather than viewing this policy change as mere regulatory tightening, it may be beneficial to embrace it as an opportunity to build proper foreign employment management.
There may be increased effort and administrative requirements in the short term. However, in the long term, appropriate compliance measures may lead to:
- Strengthened corporate compliance systems
- Improved retention rates for foreign talent
- Enhanced trust from business partners and customers
- Realization of sustainable foreign employment practices
To Foreign Nationals
It is important to properly understand your status of residence and work content. If you have concerns, early professional consultation is advisable.
What We Can Do
As Niseko Visa Application Support Center and as an administrative scrivener, our objective is to support proper employment relationships between foreign talent and companies.
We aim to explain complex status of residence systems in understandable terms and contribute to creating an environment where both companies and foreign workers can operate with greater confidence.
Though time until March 9 is limited, there remains time to take appropriate preparatory measures.
Our office provides consultation and support services to assist clients in ensuring compliance with Japan’s immigration laws.
*This article is based on publicly available information as of February 24, 2026. Readers are advised to confirm the latest official guidance issued by the Immigration Services Agency of Japan.
Reference article: https://news.yahoo.co.jp/articles/006e93bed42ff6f9fbf3bfdc35de9622a6c073ba
