How Companies Should Respond When a Foreign Employee’s Work Visa Is Denied｜Reapplication and Employment Risk Management

This page explains how companies should respond when a foreign employee’s work visa application is denied. For information targeted at individuals, please see the page below.

Visa Reapplication Service After Denial

“You’ve received a Notice of Denial from Immigration…” — What you do next can significantly impact the outcome.

When a foreign employee’s work visa is denied, the company must promptly assess the situation and take appropriate action. Immigration authorities carefully review the company’s structure, employment conditions, and the consistency of submitted documents. Reapplying without properly identifying the cause often leads to the same outcome.

It is therefore essential to calmly review the case and clearly determine “what the problem was” and “which areas the company can improve.” This section explains what HR departments should verify immediately after receiving a denial notice.

1. Confirming the Content of the Denial Notice and the Possibility of Reapplication

If a work visa (such as “Engineer/Specialist in Humanities/International Services”) for an employee or candidate is denied, the first step is to check the details of the “Denial Notice.”

The notice itself usually states only “Denied” without specifying reasons. However, by reviewing the submission date, visa category, and timing of the decision, you can roughly identify at which stage the issue occurred.

Generally, visa denials fall into two broad categories:

• Company-related issues: business activities, financial stability, employment contracts, or social insurance enrollment
• Applicant-related issues: mismatch between education and job duties, inconsistencies in documentation, or insufficient evidence of qualifications

Identifying which applies is the first step in determining whether reapplication is viable.

Although reapplication is allowed, submitting the same documents again shortly after denial rarely leads to approval. Before reapplying, it is essential to clarify what has been improved and how the deficiencies have been addressed.

2. Rules on Continued Employment During the Validity Period

The most critical issue after a denial is managing the residence period and continued employment.

If a visa extension or change of status is denied, the employee’s current visa remains valid until its expiration date (as stated on the residence card). Employment may continue during this period, but working beyond the expiry constitutes unauthorized employment.

In some cases, particularly after a denial during renewal, it may be possible to apply for “Designated Activities (for reapplication preparation)” to allow temporary lawful stay. The HR department should coordinate with the employee to confirm their next steps, visa status, and contract validity.

If additional time is needed for reapplication or return arrangements, the company should promptly consult with the Immigration Bureau or an expert to avoid illegal employment risks. For compliance assurance, companies are advised to formalize visa validity management as part of their HR policies.

3. Handling the “Reason-Hearing” Interview and Company Participation

After receiving a denial notice, the applicant may request a “Reason-Hearing Interview” at the Immigration Bureau.

This is a crucial opportunity to receive a verbal explanation from the immigration officer about the reason for denial. As written explanations are not provided, this interview helps determine the direction for a reapplication.

Typically, only the applicant attends. However, if the issue may involve the employer (e.g., concerns about the employment contract or business credibility), immigration officers may request the presence of a company representative.

When attending, it is advisable to:

• Send an HR representative who can accurately explain the employment structure
• Have an administrative scrivener or immigration specialist from ACROSEED Immigration Lawyer’s Office accompany the meeting if needed

The content of the hearing serves as an official basis for planning the next application. HR departments should record key points from the interview and reflect them in reapplication preparation and future hiring policies to prevent recurrence.

1. Company Scale, Financial Condition, and Social Insurance Enrollment

During immigration review, authorities carefully evaluate whether the sponsoring company has a stable management foundation. In particular, company size, financial condition, and social insurance enrollment status are critical factors that determine whether a work visa will be approved or denied.

Even if the company’s revenue appears sufficient, cases involving consecutive deficits, failure to join mandatory social insurance programs, or missing tax certificates may lead to a finding of “insufficient business stability,” resulting in denial. Newly established companies are often required to demonstrate actual operations through contracts, invoices, or transaction records.

To prove the company’s financial soundness and ability to maintain employment, it is essential to prepare and submit supporting materials such as recent financial statements, tax payment certificates, and proof of social insurance enrollment.

2. Inconsistency Between Declared and Actual Business Activities

Another common reason for visa denial is when the business activities described in the application do not match the company’s actual operations. The Immigration Bureau compares company brochures, registration records, websites, and contracts to ensure that the applicant’s job duties are consistent with the company’s core business.

For example, if the company is registered as an “IT Development Firm” but mainly conducts dispatch or sales outsourcing, it may be judged that “the declared business activities differ from reality.” If your company operates under outsourcing, dispatch, or sales models, attach relevant contracts and client records to clearly show that the applicant’s duties are genuinely related to the company’s actual business.

3. Incomplete Employment Contract or Job Description

Errors or omissions in the employment contract or job description are also a major cause of visa denials. Pay particular attention to the following common issues:

• Contract duration is too short or renewal conditions are unclear
• Job description is too vague and lacks connection to the employee’s degree or specialization
• Salary is below the level paid to Japanese employees in equivalent positions
• Type of employment (e.g., permanent or contract) is not clearly stated

The Immigration Bureau focuses on whether the position utilizes the applicant’s professional expertise and whether stable employment can be expected. The job description should include specific examples of tasks, department assignment, and supervisor position, showing a clear link between the applicant’s education and job duties.

Since salary levels are often compared with industry and company averages, it is effective to provide documentation proving equal or better treatment compared to Japanese employees.

4. Insufficient Explanation of Hiring Plans and Employment Rationale

When the company fails to adequately explain the necessity of hiring a foreign national, immigration officers may not understand “why this particular applicant is needed,” leading to higher risk of denial. This is especially important for small and mid-sized companies, which must clearly justify the business need.

Provide logical explanations emphasizing skills or expertise that cannot be easily substituted by Japanese staff—for example, foreign language ability, overseas business experience, or specialized IT skills—and align them with the company’s staffing plan and business expansion strategy. Creating a detailed Statement of Hiring Rationale including hiring background, assigned duties, and long-term career plan is highly recommended.

When hiring multiple foreign employees simultaneously, clarify each person’s job division and supervision system to demonstrate the company’s organizational management capability, thereby earning greater trust from immigration authorities.

1. Preparing Documents and Submitting Additional Explanations

When reapplying after a denial, the top priority is to address every deficiency, inconsistency, or weak justification identified in the previous submission. Since the Immigration Bureau emphasizes accuracy and objective evidence, strengthening factual proof and eliminating ambiguities are essential.

• Consistency Check: Review company registration, work rules, salary regulations, employment contracts, job descriptions, company brochures, and website information to ensure consistent wording, figures, and titles.
• Evidence of Operations: Organize supporting evidence such as orders, invoices, payment records, tax certificates, social insurance documents, and office photos chronologically.
• Supplementary Explanation (Written Statement): For each reason of denial, prepare one-page summaries outlining “Facts → Evidence → Improvements,” and use diagrams or organizational charts for clarity.
• Third-Party Evidence: Include client certificates, academic-major relevance proofs, salary comparisons to industry averages, and job market data.

2. Revising the Business Plan and HR Structure

If denial reasons include issues such as unclear business continuity or staffing structure, the company should redesign a business plan demonstrating the necessity of hiring and an HR framework covering supervision, training, and evaluation.

• Business Plan: Present sales targets, main clients, value proposition, KPIs, and specific business issues to be solved by the new hire. Define measurable outputs for the applicant’s position.
• Organizational System: Clearly describe reporting lines, supervisor positions, OJT/evaluation methods, and data management. If foreign staff ratio is high, mention bilingual work rules.
• Job Design: Prepare a table showing “Responsibilities → Specific Tasks → Required Skills → Corresponding Education/Experience” to illustrate professional fit at a glance.
• Internal Controls: Document rules for residence card tracking, work authorization verification, onboarding/offboarding procedures, and labor record maintenance.

3. Adjusting Employment Contracts and Salary Levels

If employment conditions fall below industry standards or the level offered to Japanese employees, improving compensation terms becomes critical for reapplication. Short-term or unclear contract renewals are also seen as unstable elements.

• Contract Term and Renewal: Secure at least one year of stability, and specify renewal criteria linked to evaluations or salary increases.
• Salary Level: Provide payroll records, salary regulations, job postings, or industry statistics to show compensation is equal to or higher than that of Japanese counterparts.
• Job Specificity: Clearly describe job scope, work location, working hours, and secondary employment policy in the contract, ensuring full consistency with the job description.
• Allowances and Benefits: Specify transportation, overtime pay, bonuses, and social insurance participation, supported by actual payment evidence.

4. Optimal Timing and Preparation Period for Reapplication

Submitting a reapplication too soon with unchanged materials often leads to another denial. Begin the process only after collecting sufficient evidence and completing organizational improvements.

• Typical Timeline: If issues are minor (clerical errors or missing documents), reapply after 1–3 months. For systemic or financial improvements, allow 3–6 months.
• Avoid Peak Seasons: To ensure sufficient review time, avoid high-volume periods (March–May and September–October).
• Residence Management: If the current visa is near expiration, consult a specialist regarding temporary “Designated Activities” or reapplication from overseas.
• Submission Order: Arrange materials logically—start with supplementary explanations, followed by evidence, then core documents—and summarize all improvements clearly in the cover letter.

In reapplication, quality and evidential strength matter more than speed. The company must clearly demonstrate, through documentation, what has been corrected since the previous denial and how compliance and continuity have been ensured.

ACROSEED Immigration Lawyer’s Office has supported over 40,000 status-of-residence applications since its founding, including many reapplications after an initial denial and cases referred to us following denials handled by other firms. Below are five typical denial scenarios for work visas (e.g., Engineer/Specialist in Humanities/International Services) and key improvement points that led to approval upon reapplication.

An applicant who majored in English at a vocational language school applied under “interpretation/translation” for a job at a restaurant. In reality, the work was customer service with occasional simple interpretation (taking orders, menu translation). Because the duties did not demonstrate the professional expertise required for “International Services,” the application was denied.

In the reapplication, the role was redesigned as marketing using foreign-language skills (e.g., overseas menu planning and a project for inbound tourists). By clarifying category eligibility, approval was granted.

A graduate from a faculty of education applied for a position in a food manufacturer’s shop floor (packing lunch boxes). Because the work did not require specialized knowledge in the humanities or social sciences and was essentially manual labor, the application was denied.

For the reapplication, the position was changed to “training and education coordinator,” leveraging communication and human development skills learned in education. By presenting a concrete in-house training program, the application was approved.

A recently established company applied for an “IT system developer” position, but neither the corporate registry’s business purposes nor the financial statements showed actual IT-related operations, leading immigration to judge it as “unclear/unsupported business activities,” and the application was denied.

For the reapplication, the company attached actual outsourcing contracts, samples of deliverables, and client certificates to prove the substance of the IT business. A diagram of the internal development structure was also submitted. Business continuity was recognized and approval was obtained.

An SME planned to hire a foreign employee at an annual salary of JPY 2.2 million. Because this was significantly below both industry averages and the level paid to comparable Japanese employees, immigration found the employment conditions inappropriate and denied the application.

In the reapplication, the salary was raised to industry standards and the employment contract clearly set out pay raises and bonus schemes. Proof of social insurance enrollment and wage regulations was attached, demonstrating fair treatment, and approval was granted.

Descriptions in the application form, job description, and company brochure were not aligned, leading immigration to determine that the applicant’s duties were not consistent with the company’s business activities, and the application was denied.

For the reapplication, wording, titles, and role names were unified across all materials, and the company brochure, job description, and employment contract were made fully consistent. An additional “Statement of Hiring Rationale” clarified the relevance of the duties, resulting in approval.

The written result notice from the Immigration Bureau does not state specific reasons. However, it is possible to confirm them through a “Reason-Hearing” interview. In principle, the applicant attends, but if factors related to the company (employment contract, business content, internal structure, etc.) are suspected, immigration may request that a company representative also attend.
Because the explanation is given verbally, it is important to take detailed notes and use them to shape improvement plans for reapplication. Companies cannot independently demand reasons directly from immigration, so it is most reliable to coordinate with the applicant and confirm through a specialist.

Employment may continue as long as the current residence status remains valid. Working after the expiry date constitutes unauthorized employment, so rigorous deadline management is essential.
In some cases, after a denial, a change to “Designated Activities (for reapplication preparation)” may be permitted, allowing a lawful stay for a certain period to prepare a new application. The company should check the employee’s residence card and ensure they do not perform duties outside the authorized scope.
If anything is unclear, promptly consult a specialist to confirm the residence status and work eligibility.

One denial does not immediately affect corporate credibility. However, if multiple similar denials occur within a short period or the company repeatedly submits incomplete or misleading documents, the Immigration Bureau may view the company as lacking proper employment management.
To avoid this impression, establish systems that can clearly explain hiring rationale, job duties, compensation, and social insurance enrollment. In reapplications, documenting improvements communicates the company’s good-faith compliance efforts.

The most effective time is immediately after denial or at the Reason-Hearing stage. A misdirected reapplication increases the risk of a second denial for the same reasons.
An administrative scrivener can analyze the denial notice and interview content to advise “which points to improve to obtain approval.” Reviewing internal structures, contract terms, and business plans at the same time significantly increases the success rate of the next application.
Companies that continuously employ foreign talent are encouraged to adopt advisory agreements and periodic compliance checks to prevent risks proactively.

・The exact fees will vary depending on the requested services, volume of work, and application details. We provide free consultations and estimates, so please feel free to contact us.

＊ACROSEED’s services are available nationwide.

If you are considering ongoing outsourcing services, please also see the page below.

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