Foreign Employee Qualification
Foreign employees shall acquire one of the following qualifications:
1.Acquire certificates or operation qualifications through the procedures specified in the Examinations of Specific Profession and Technician Guidelines.
2.Acquire credentials of Master degree or above from universities in the ROC or in foreign countries or acquire Bachelor degree and with more than two years working experiences in the specific field. (Ministry of Labor has set up cousultation mechanism that foreigners with at least a bachelor degree to perform special and technical jobs have no two years work experience re strictions by the agreement of specific program. Refer to explanation of consultation mechanism, work flow and Ref. Lao-Dong-Fa-Guan-Zi-1120501255A dated March 8, 2023.)
3.Expatriates to the ROC that have been employed in multi-national companies for more than one year.
4.Specialists who have been trained professionally or self-taught in the specific field and have more than five years experiences in related skills and have demonstrated outstanding performances.(Note: The ministry has established a consultation procedure for expatriates as professional and skilled workers to be exempted from the five-year work experience requirement. But those acknowledged as startup with innovation capabilities are not subject to the limit on years of work experience.)
Besides, the monthly amount of average salary for employed foreigners referred to in the preceding paragraph, if no additional regulations, shall be no less than NT $47,971. (Refer to Ref. Lao-Dong-Fa-Guan-Zi-10605154981 dated August 14, 2017.)
※Foreigners related laws and regulations refer to the Article 5, 8 in the “Qualifications and Criteria Standards for foreigners undertaking the jobs specified under Article 46.1.1 to 46.1.6 of the Employment Service Act.”
Employer Qualification
1.The employers shall qualify one of the following:
(1)Domestic company:
- Established for less than one (1) year, and its paid-up capital has reached five million (5,000,000) New Taiwan Dollars and above, or average turnover, actual import and export revenue, or commission has reached ten million (10,000,000) New Taiwan Dollars and above, one million (1,000,000) United States dollars and above, or four hundred thousand (400,000) United States dollars and above, respectively.
- Established for more than one (1) year, and its average turnover, actual import and export revenue, or commission in the most recent year or for the past three (3) years has reached no less than ten million (10,000,000) New Taiwan Dollars, one million (1,000,000) United States dollars, or four hundred thousand (400,000) United States dollars, respectively.
(2)Foreign branch company established in the Republic of China or Mainland China branch company established in the Republic of China:
- Established for less than one (1) year, and its working capital, turnover, actual import and export revenue, or commission has reached five million (5,000,000) New Taiwan Dollars and above, ten million (10,000,000) New Taiwan Dollars and above, one million (1,000,000) United States dollars and above, or four hundred thousand (400,000) United States dollars and above, respectively.
- Established for more than one (1) year, and its average turnover, actual import and export revenue, or commission in the most recent year or for the past three (3) years has reached no less than ten million (10,000,000) New Taiwan Dollars, one million (1,000,000) United States dollars, or four hundred thousand (400,000) United States dollars, respectively.
(3)The employer is a representative office of a foreign company or a Mainland China company approved by the authority concerned at the central government level specially, and has actual performance records in Taiwan.
(4)The employer is a research and development center, or a corporate operation headquarter, and its establishment has been approved by the authority concerned at the central government level.
(5)The employer has made substantial contribution to the domestic economic development. Alternatively, he, she, or it has a special circumstance that is treated as a special case by the central competent authority after consultation with the authority concerned at the central government level. (Ref. Lao-Dong-Fa-Guan-Zi-112050474A dated May 4, 2023.)
2.Whereas an employer which is to hire a foreigner to engage in the work as set forth in Article 4 is a juridical person, a juridical association, an administrative juridical person, or a non-government organization, it shall meet one of the following requirements:
(1)Juridical person: Established for less than one (1) year, and its total funding has reached no less than ten million (10,000,000) New Taiwan Dollars; alternatively, established for more than one (1) year, and its average operating expenditure in the most recent year or for the past three (3) years has reached no less than five million (5,000,000) New Taiwan Dollars.
(2)Juridical association: it has no less than fifty (50) members.
(3)Administrative juridical person: the administrative juridical person established pursuant to laws.
(4)Non-government organization: a representative office, secretariat, headquarter, or branch in Taiwan of a non-government organization, and its establishment was or is approved by the authority concerned at the central government level.
※Employer-related laws and regulations refer to the Article 36, 37 in the “Qualifications and Criteria Standards for foreigners undertaking the jobs specified under Article 46.1.1 to 46.1.6 of the Employment Service Act.”