China to Reclassify Category A & Category B Foreign Employees

The Office of the Ministry of Human Resources and Social Security issued a notice on September 30, requiring further optimization of the criteria for identifying "highly skilled, specialized, and critical" foreign talents:
To serve the high-level opening up to the outside world and continuously enhance the introduction of foreign talent, our department will promote the pilot reform experience of local recognition standards for foreign “high-end, precise, and urgently needed” talent based on the current "Classification Standards for Foreigners Working in China." In line with the principles of precise policy implementation, classified management, and prioritizing use, we will focus on foreign "high-end, precise, and urgently needed" talent, further optimize the classification standards for foreign high-end talent (Category A) and foreign professional talent (Category B), and establish and improve a classification standard system that combines centralized unity with layered and tiered levels, stable implementation with dynamic adjustment. The following notice is hereby issued for relevant work.

1. Highlight internationally recognized achievements and national development priorities: 

Revise the recognized professional achievements standard for foreign high-end talent and improve the national uniform recognition standards for foreign high-end talent. Local governments may, based on the local industrial and economic social development priorities and key areas, combine the needs of foreign “high-end, precise” talent from employers such as universities, research institutions, and enterprises. On the basis of national unified standards, local governments should research and formulate recognition standards for foreign high-end talent.

2. Consider local labor market supply and demand and the demand for foreign "urgent and scarce" talent:

Local governments can formulate the “Guidance Catalog for Foreigners Working in China” (hereinafter referred to as the "Guidance Catalog"), which specifies the recognition standards for foreign professional talent. The structure of the Guidance Catalog should align with the current “National Occupational Classification Code,” detailing specific job requirements at a “subcategory” level, listing relevant job codes and competency requirements.

3. Formulation of local recognition standards for foreign high-end talent and the Guidance Catalog:

These standards and catalogs will be developed by provincial-level human resources and social security departments (responsible for the management of foreign expert work). Areas below the provincial level generally should not establish separate standards. During the formulation process, industry associations, human resources service agencies, and relevant government departments should be involved, and their opinions should be actively solicited.

4. Approval and publication of local standards and the Guidance Catalog:

The provincial-level human resources and social security departments (responsible for foreign expert work) should submit the locally developed foreign high-end talent recognition standards and the Guidance Catalog to the Ministry of Human Resources and Social Security (National Administration of Foreign Experts Affairs) for review. Once approved, they will be published on the respective local websites for implementation. The publication should indicate the validity period, which is generally 3 to 5 years. Local authorities may adjust this based on actual work needs; if no adjustment is made after the expiration period, the standards will automatically become invalid.
5. Recognition for foreign high-end talent:

Foreign high-end talent meeting national unified standards will be eligible for “one-location approval, national mutual recognition” when applying for work permits. If their employment unit changes, they can apply for the same category of work permit at their new job location based on the employment contract, without needing to submit additional recognition materials. Foreigners who meet local-level recognition standards and work in positions listed in the "Guidance Catalog" will be issued the corresponding work permits. Local authorities are encouraged to explore establishing mutual recognition mechanisms for local foreign high-end talent recognition standards.

6. Actions upon receiving this notice:

Provincial-level human resources and social security departments (responsible for foreign expert work) may, starting from the date of receipt of this notice, proceed with the development and filing of local foreign high-end talent recognition standards and the Guidance Catalog. The standards for other foreign personnel (Category C) will not be adjusted for now. During this process, it is essential to enhance the business training for local foreign work management teams and guide regions in the work permit approval process according to relevant standards. Additionally, policy promotion and interpretation should be strengthened, with timely responses to social concerns. Significant matters should be promptly reported to the Ministry of Human Resources and Social Security (National Administration of Foreign Experts Affairs).
Source:Ministry of Human Resources and Social Security, Expat Link