Can You Not Hire Specific Skilled Workers Without a Construction Business License? An Administrative Scrivener Explains the Requirements, Review Period, and Pitfalls of the Acceptance Plan

Introduction

For companies in the construction sector considering the hiring of foreign workers under the Specified Skilled Worker program, it is essential to understand the relationship between a construction business license and the “Construction Specified Skilled Worker Acceptance Plan.”

This article explains the necessity of a construction business license, the certification requirements for the acceptance plan, and the process and timeline leading up to the application for a status of residence.

This content is intended for companies such as the following:

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• I want to hire a Specific Skilled Worker, but I’m not sure if I need a construction business license.
• I want to know how the acceptance plan works and how long the review process takes.
• I want to know the steps I need to take to ensure the hire is completed by the scheduled date.

*This article covers the acceptance of Category 1 Specific Skilled Workers (please check the requirements for Category 2 separately).

Conclusion 　　A Construction Business License Is a Prerequisite for Acceptance

Companies in the construction sector that wish to hire Specific Skilled Workers (Category 1) must hold a construction business license issued under Article 3 of the Construction Business Act.

Even companies that typically undertake only minor construction projects—for which a license is not normally required—must obtain a construction business license if they intend to hire Specific Skilled Workers.

Furthermore, they must obtain certification of their “Construction Specific Skilled Worker Acceptance Plan” from the Minister of Land, Infrastructure, Transport and Tourism.

What Is a Specific Skilled Worker Acceptance Plan for the Construction Industry?

The Construction-Specific Skills Acceptance Plan is a system through which the Ministry of Land, Infrastructure, Transport and Tourism verifies whether a host company’s organizational structure and treatment of foreign workers comply with standards specific to the construction sector. Applications are submitted online via the “Foreign Worker Management System.”

Key Certification Requirements That Often Trip Up Small and Medium-Sized Enterprises

In addition to construction business licenses, CCUS, and JAC, the following requirements apply. Be sure to verify these before making a hiring decision.

Headcount Limit: The total number of Category 1 Specified Skilled Foreign Nationals must not exceed the number of full-time employees at the host company (Technical Intern Trainees, Specified Activities visa holders, and Specified Skilled Foreign Nationals are not included in the full-time employee count).
Monthly Salary System: Category 1 Specified Skilled Foreign Nationals in the construction sector must be employed under a monthly salary system.
Compensation Level: Compensation must be equal to or higher than that of Japanese workers with comparable skills. If there is a difference, a reasonable explanation must be provided.
Efforts to Secure Domestic Workers: The company must be posting job openings for regular employees in the same job category at a Hello Work office.
History of Regulatory Sanctions: The company must not have received any regulatory sanctions under the Construction Business Act within five years prior to the application date or after the application date.
Treatment and Training: The company must provide pay raises commensurate with skill proficiency and conduct safety and health training after the foreign worker is hired.

The Relationship Between Authorized Business Categories and the Types of Work Performed by Foreign Nationals

Under the requirements for certification of a reception plan, the business categories covered by the construction business license already held do not necessarily have to be the same as the work to be performed by the foreign national.

However, the work category in which the foreign national will be engaged (civil engineering, building construction, or lifeline facilities) must correspond to the occupation for which the individual passed an examination or completed a technical internship program.

Furthermore, if the construction project actually undertaken requires a license under the Construction Business Act, a license corresponding to that project is required. Be sure to verify the requirements for the acceptance plan separately from the regulations governing construction contracting under the Construction Business Act.

The Process from Obtaining a Construction Business License to Applying for a Residence Status

First, obtain a construction business license and complete the preparations necessary for applying for certification of the acceptance plan, such as registering as a CCUS operator and joining the JAC. Then, submit the acceptance plan application through the Foreign Worker Management System.

It is possible to proceed in parallel with the application for acceptance plan certification with the Ministry of Land, Infrastructure, Transport and Tourism and the applications to the Immigration Services Agency for the issuance of a Certificate of Eligibility (COE) and for permission to change status of residence.

However, without acceptance plan certification, the Immigration Services Agency will not grant the necessary permits or approvals.

Estimated Schedule

・Application for the Acceptance Plan: You can apply approximately six months before the scheduled start date of employment.
・Review of the Acceptance Plan: The estimated time for approval is about one and a half to two months (excluding any period for corrections). Depending on the region, it may take several additional months.
・Application to the Immigration Bureau: It is generally recommended to submit the application two to three months before the scheduled start date.

Since obtaining a construction business license also takes additional time, it is important to start preparations early by working backward from the scheduled hire date or the expiration date of the residence status.

Three Points to Keep in Mind in Your Daily Work

① Do not set a hiring date without first obtaining a construction business license.

You must first confirm that you meet the requirements necessary to obtain the license, such as a management system for business operations, technical staff at business offices, and financial stability. If you set a hiring date before it is clear whether you will be granted the license, there is a risk that the license will not be ready by the employee’s start date.

② Do not assume that you can always work under the “Specified Activities” status

Under the “Specified Activities” status, whether you can work and the scope of your employment vary depending on the designated activities. Even if you are preparing to transition to the “Specified Skilled Worker” status, please avoid starting work without first confirming the details of your status of residence and the designation certificate.

③ Do not manage the construction business license and the planned status of residence separately

There is nothing inherently wrong with hiring separate administrative scriveners. However, if you do not share information regarding the timing of license acquisition, the timing of approval for the acceptance plan, and the duration of stay and scheduled start date, it could affect your hiring plans.

Relationship with CCUS and JAC | Applications marked as “Pending” will not be certified

CCUS (Construction Career Up System): The host company must have completed its business registration. A registration application that is still pending does not meet the requirements. The foreign national must also be registered as a skilled worker; however, in cases such as new entry from overseas, there are specific procedures regarding registration and reporting after entry. Since registration takes time, we recommend starting the process as early as possible.

JAC (Japan Construction Skills Human Resources Organization): There are two ways for a host company to join: by directly joining JAC as an associate member, or by affiliating with a construction industry association that is a full member of JAC. Membership must be completed by the time the host plan application is submitted, and a membership card (or proof of membership in a full-member association) must be provided. A membership application form or receipt alone is not sufficient.

Handling of Prime Contractors and Subcontractors

Both prime contractors and subcontractors may hire foreign workers with “Specified Skilled Worker” status if they meet the eligibility requirements. However, they must have appropriate construction management systems in place, as well as on-site health and safety management and labor management systems.

Hiring foreign workers doesn’t end with the hiring process.

Even after the acceptance plan is approved, ongoing implementation is required—including the payment of wages as specified in the plan, pay raises, health and safety training, and various reports. Establishing a system that takes into account not only the hiring process but also post-acceptance operations is key to preventing problems.

Support from the Nasu Administrative Scrivener Office

Our firm provides assistance with applications for construction business licenses, the preparation and submission of plans for accepting workers under the Specified Skilled Worker (Construction) program, applications for status of residence (Certificate of Eligibility, changes, and renewals), and consultations regarding the implementation of CCUS and related systems.

With a focus on both construction business licensing and the employment of foreign workers, we organize the sequence and schedule of procedures and provide support through the operational phase following the workers’ arrival.

Summary

*This article is based on the system in effect as of October 2026.

Reference Materials (Verified on October 9, 2026)

Ministry of Land, Infrastructure, Transport and Tourism: “Application Guidelines, Forms, and System Operation Instructions [Specific Skills System (Construction Sector)]”

https://www.mlit.go.jp/tochi_fudousan_kensetsugyo/tochi_fudousan_kensetsugyo_tk3_000001_00005.html

Ministry of Land, Infrastructure, Transport and Tourism: “Regarding Online Applications for the Specific Skilled Worker (Construction) Acceptance Plan” (April 4, 2025)

https://www.mlit.go.jp/tochi_fudousan_kensetsugyo/content/001603430.pdf

JAC: “Regarding Applications for Certification of Construction-Specific Skills Acceptance Plans”

https://www.jac-skill.or.jp/howto/qa/06/