Implementation Measures for the Foreign Talent Visa System

Article 1 To specify the standard conditions and standardize the handling procedures for a foreigner applying for a visa for foreign talents (the "R visas"), to strengthen the organic connection among the visas of foreign talents and their work permits and residence permits for work, and to provide convenience for foreign talents' innovation and entrepreneurship in China, the Implementation Measures for the Foreign Talent Visa System (the "Measures") are hereby formulated in accordance with the Exit-Entry Administration Law of the People's Republic of China and other laws and regulations.

Article 2 The State Administration of Foreign Experts Affairs (SAFEA), the Ministry of Foreign Affairs (MFA) and the Ministry of Public Security (MPS) shall, according to their respective responsibilities, formulate the application conditions for R visas, and provide guidance for the issuance, extension, renewal and replacement of R visas.

Article 3 SAFEA, MFA and MPS shall strengthen the overall planning and coordination, improve the cooperation mechanism in such service management work as identifying the qualification of foreign talents and issuing R visas, work permits, work-type residence documents and other documents, and support the sharing of information resources.

Article 4 R visas will be issued to high-level foreign talents needed for China's economic and social development or urgently demanded foreign talents, or scientists, technical leading talents, international entrepreneurs, talents with specialized skills and high-skilled talents who are enaged in "high-end, precision, sophisticated and talent-desiring" domains and aligned with the market-driven development.

Foreigner applying for a R visa shall meet the standard conditions for high-end foreign talents (Category A) specified in the Classification Rules for Foreigners Working in China (Trial). SAFEA shall, in concert with the MFA and the MPS, adjust the criteria for identifying high-end foreign talents, in a timely manner, based on the needs of economic and social development and the supply and demand of talent resources.

Article 5 For any foreigner applying for a R visa overseas, the inviting host shall file an application with the foreigner work affairs administration department under the provincial (autonomous region/municipality) people's government (the "provincial authority on foreigner work affairs"), by submitting online the following materials including an application form, invitation letter of the domestic inviting host and relevant supporting materials for qualification for the identification standards for foreign talents eligible for R visas.

For foreigners qualified for standards for high-level foreign talents, the provincial authoriy on foreigner's work affairs shall, within five working days, issue the Confirmation Letter for High Level Foreign Talents (See Appendix) online to the domestic inviting host, and exchange the Confirmation Letter and other information to the Chinese embassy or consulate in the country (region) where the applicant is located or other overseas offices authorized by MFA, while SAFEA shall exchange the said information to MFA and MPS.

SAFEA shall strengthen the supervision and inspection over the acceptance and review of foreign talent qualifications, regular administration and services provided by the provincial authority on foreigner's work affairs.

Article 6 Foreigners shall submit the following materials when applying for R visa with the Chinese embassy or consulate in the country (region) where the applicant is located or other overseas offices authorized by MFA:

1. Visa application form;

2. Valid passport of the applicant (valid for next six month and above) and acceptable photos as required;

3. Print copy of the Confirmation Letter for High Level Foreign Talents; and

4. Other materials required by the Chinese embassy or consulate in the country (region) where the applicant is located or other overseas offices authorized by MFA.

Article 7 An eligible applicant may obtain a multi-entry visa valid for five to ten years issued by the Chinese embassy or consulate  in the country (region) where the applicant is located or other overseas offices authorized the MFA. The applicant's spouses and minor children will also obtain the corresponding type of visa.

Article 8 The said embassy or consulate or other overseas offices authorized by MFA may provide an urgent service for applicants as stated in Article 7, and time frame for issuing the visa in this case will be shortened to only two working days.

Article 9 Charges or urgent service fee will be exempted for handling visa applications of talents as stated in Article 7 by the said embassy or consulate or other overseas offices authorized by MFA.

Article 10 Foreigners holding a valid R visa and working in China shall apply for foreigner's work permit in China with the local authority on foreigner's work affairs or the entrusted agency at the place where the employer is located.

Foreigners holding a valid R visa may submit the employment contract or incumbency certificate, health certificate, the notes page of the R visa and the passport information page online to apply for foreigner's work permit in China, and also apply for the extension, renewal and replacement of the said permit online. The local authority on foreigner's work affairs shall review such application and make a decision within three working days, and at the same time exchange related information to the exit/entry administration of the public security organ at the same level.

Article 11 Public security organs shall provide convenient services in terms of visas and residence for foreign talents in China in accordance with the law.

Article 12 SAFEA, MFA and MPS shall, according to the needs of the national economic and social development , push management innovation forward in accordance with the law to provide more convenience for foreign talents in China and continuously improve the service level.

Article 13 The Measures shall be interpreted by SAFEA, MFA and MPS, and shall come into force as of the date of promulgation.

Attachment: Confirmation Letter for High Level Foreign Talents (omitted; please visit the SAFEA’s website for details.)

Attachment