The Beijing Labor Bureau recently announced a new notice on Alien Employment License (AEL) applications. In general, an Employment License application is required to be submitted to Labor Bureau before the Work Permit application. Effective 1 February 2013, a local HR representative of the Beijing sponsoring company will be required to be physically present at the Beijing Labor Bureau when the Employment License application of a foreign employee is submitted. This new requirement will only apply to initial or new applications and following the approval of the Employment License, the remainder of the immigration process such as the Z-visa Invitation Letter, Work Permit and Residence Permit applications will remain the same. Lehman, Lee and Xu will still be able to assist with employment license filings on behalf of clients but must be accompanied by the client’s HR representative at the filing stage.

While not yet officially announced by the Labor Bureau, it is anticipated that company representatives may be requested to show their business cards, company badge and/or a Power of Attorney (POA) addressed to the reviewing Labor Bureau officer confirming the company representative's name, position and ability to file the application. Companies are advised to prepare a standard POA template for use in quickly preparing POA's when submitting individual license applications. The corporate representative’s appearance is required to answer any questions the authorities may have regarding the foreign national’s recruitment, such as details about the nominated position or the prospective foreign employee’s relevant work experience. 

The new notice will trigger a lot of discussions as if the labor bureau indeed implements the new policy it may affect somewhat on their work efficiency. In order to inquire more of the background information on the reason behind, we contacted the Beijing Labor Bureau and got the news that there were some applications that were mistakenly submitted and brought to the government officials ‘attention.

The purpose of this new regulation is to prevent more illegal applications and strengthen the administration of employment 
of foreigners in Beijing. 

At this time, no other Chinese cities are imposing similar requirements on companies seeking employment licenses. 

Unless otherwise clearly specified by Beijing Labor Bureau, Lehman, Lee & Xu will continue to assist our clients in preparing necessary application forms and documents.

This newsletter is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Lehman, Lee & Xu or send an email to visa@lehmanlaw.com.