China Work Visa and Work Permit Guide 2026: The Complete Process for Foreign Founders and Employers

Founders regularly ask us some version of this question: “I’ve registered my company in Hainan — how do I legally work in my own company, and how do I hire foreign managers?” The answer is not a single visa: China requires a chain of authorizations, and most horror stories come from skipping one link.

This guide covers the rules as they operate in 2026: the legal two-document structure, the December 2024 reform that merged the work permit with the social security card, the A/B/C talent categories (and where Hainan’s thresholds are materially lower than the rest of China), the full process with statutory timelines, government fees, penalties, and the document checklist. It is the companion piece to our Hainan visa-free policy guide and our 2026 roadmap for doing business in China. For a tailored assessment of your hiring plan, our China market entry consulting service can walk through the options.

Quick answer for foreign founders: If you will actually manage your China company, perform day-to-day work or draw salary in China, you generally need a Foreigner’s Work Permit and a work-type residence permit. The usual overseas route begins with a Z visa, but the Z visa does not replace either permit. Passive share ownership alone does not automatically create a work-permit requirement; the deciding issue is whether you will work in China.

The authorization chain at a glance

1. Establish or identify the eligible China employer.
2. The employer files the work-permit application and obtains the Notification Letter.
3. The applicant obtains the appropriate entry visa, normally a Z visa for the standard overseas route.
4. After entry, complete accommodation registration and the work-type residence-permit process on time.
5. Register social insurance where the rules require it; do not treat visa-free, M-visa or L-visa status as permission to work.

1. The legal basics: you need more than one document

Under Article 41 of China’s Exit-Entry Administration Law, a foreigner working in China must hold both a work permit and a work-type residence permit; no entity or individual may employ a foreigner lacking them. Article 43 defines “illegal employment” as working without both documents, working beyond the work permit’s scope, or foreign students working outside approved internship limits.

Three terms are constantly confused:

• China work visa (Z visa) — the entry visa issued by a Chinese embassy or consulate abroad. It gets you into the country; it is not your long-term stay document.
• China work permit — the administrative confirmation issued through the foreign-experts / human-resources system, classifying you as Category A, B or C. Since 2017, the old “employment permit” and “foreign expert permit” have been merged into this single work permit.
• Work-type residence permit — issued by the police exit-entry authority after arrival; this is the document that legalizes long-term stay.

Also note: since 1 December 2024, the physical work permit card is no longer issued — the next section walks through that reform.

2. The December 2024 reform: work permit card meets social security card

Under Ministry of Human Resources and Social Security document MOHRSS [2024] No. 75 (人社部发〔2024〕75号), effective 1 December 2024, the work permit and the social security card are integrated (“card integration”):

• After entering China, you no longer collect a physical “Foreign Work Permit” card. Work permit information is loaded onto your electronic social security card (and the physical social security card).
• Anyone who already holds a physical work permit card keeps it under the “no change, no replacement” principle; it is swapped at the next renewal or change.
• The old two-step overseas flow (notification letter before entry, separate permit card after entry) is merged into one overseas application; after entering China, you collect your electronic social security card via the Electronic Social Security Card app (real-name and real-person verification) and present it — or the Notification Letter — for the residence permit.

Two practical points for overseas filings: the labor contract must be in Chinese, its effective date must fall within 90 days before submission, and it cannot be amended after the overseas filing (changing contract dates after entry requires cancellation and re-application). The medical exam uses a commitment system at the overseas stage; a certificate from a Chinese inspection-and-quarantine institution is submitted when you apply for the residence permit. For workers above the applicable retirement age, social-insurance treatment should be confirmed locally; the card-integration reform itself does not determine contribution eligibility or force enrollment.

3. Category A, B and C: the national framework

China classifies foreign workers into three categories:

Category	Who qualifies (national rules)	Quota / channel
A — high-end foreign talent	Meets “high-precision, cutting-edge, urgently needed” criteria: talent-program members; internationally recognized professional achievements; market-encouraged senior roles (one route: average salary at least six times the local previous-year average social wage); innovation/entrepreneurship talent (e.g., founders contributing patents or investing at least USD 500,000 with at least 30% equity); outstanding young postdocs; or 85+ points on the points test	No quota; green channel; applications reviewed within 5 working days; permits up to 5 years; age, degree and experience limits may be waived
B — professional foreign talent	Bachelor’s degree or above plus 2 years’ relevant work experience; internationally recognized skilled qualifications; language teachers (native-language teaching, degree plus 2 years’ teaching experience, with exemptions for education degrees or recognized teaching certificates); average salary at least four times the local average social wage; or 60+ points	Market-demand limited; statutory decision within 20 working days
C — other foreign personnel	Personnel meeting labor-market needs; temporary/short-term work (up to 90 days); quota-managed groups such as intergovernmental-agreement interns and eligible foreign graduates	Quota-managed

National guidance sets the general B-category age ceiling at 60 for the degree-plus-experience route, with relaxations for entrepreneurs, skilled talent, outstanding graduates and high-points applicants. The points test weights annual salary (an employer-paid salary of RMB 450,000+ scores the maximum 20 salary points), education (PhD or top-grade international skills certification: 20) and work experience (one point per year beyond 2, up to 20), plus Chinese-language, age and work-location factors.

4. Hainan’s relaxed thresholds: lower salary multiples, higher age limits

This is where Hainan Free Trade Port deliberately diverges from the national framework. The provincial government’s policies for foreign nationals working in Hainan, based on the Guidelines for Foreigners Working in Hainan (2025 Edition) and the province’s 2019 interim measures, set lower thresholds for work in the province:

Criterion	National rule	Hainan rule (2025 provincial guidelines)
A-category salary route	At least 6 times the local average social wage	At least four times the province’s previous-year average social wage
B-category salary route	At least 4 times the local average social wage	At least three times the local average social wage
B-category age	Generally up to 60	No age limit
C-category age	Quota-managed; no single national cap in the cited classification summary	The cited provincial policy page states no special C-category age cap; confirm the route with the accepting window
Language teachers’ experience	2 years	1 year (exemptions for education/teaching credentials still apply)
Foreign fresh graduates	Limited routes	Graduates of well-known domestic or overseas universities working or starting businesses in Hainan qualify under B category

Hainan also manages foreign hiring through a negative list: positions outside the list — or restricted positions covered within the quota total — may be filled by foreigners. The list is updated periodically, so check the latest version published by the provincial science-and-technology / human-resources authorities before relying on it.

Local-window warning: the provincial government page currently publishes the 4-times / 3-times salary routes and no B-category age limit. A 2026 service checklist supplied by the Sanya Yazhou Bay Science and Technology City window instead lists the national 6-times / 4-times salary routes and applies a statutory-retirement-age test to B and C applicants. The 2017 national service guide also reflects the older national B-category default, not Hainan’s later preferential routes. These materials are not interchangeable: ask the actual accepting window to identify the route it will use for your employer and applicant, preferably before the salary, contract and travel plan are fixed. Do not rely on an unverified 65-year C-category cap.

These category routes interact with Hainan’s other talent packages: the 15% individual income tax cap for high-end talent (see our guide to the 15% IIT cap for foreigners in Hainan), Hainan FTP incentives by industry, and the entrepreneur pathways in our Hainan visa and residency guide for founders.

5. The complete process chain, with statutory timelines

Step 0 — The employer must exist. Only a lawfully established Chinese entity can file a work permit application: it needs a business license with a unified social credit code, company seals, no serious illegal-or-dishonest record, and any industry pre-licenses the sector requires (e.g., school-running permits, medical institution licenses, food business licenses). If you have not set up the entity yet, start with our step-by-step Hainan company registration guide or the WFOE registration guide.

Step 1 — Employer files online (in China). The employer registers on the Foreigners Coming to Work in China management service system; since 3 June 2024, filings run through the national human-resources government-service platform (12333.gov.cn). Statutory timelines: pre-review within 5 working days of submission (submission day not counted); permits over 90 days decided within 20 working days of acceptance (extendable by 10 in special cases); permits of 90 days or less, and Category A applications, within 5 working days. The work permit administrative process charges no fee.

Step 2 — Applicant obtains the Z visa (abroad). Once approved, the employer prints the Notification Letter of Foreigner’s Work Permit, and the applicant applies for the Z (work) visa at a Chinese embassy or consulate; no separate invitation letter is required. The letter is valid 3 months from issue and carries an explicit “THIS IS NOT A VISA” marking. High-end or urgently needed talent may instead qualify for the R (talent) visa, young foreign science-and-technology talent for the K visa.

Step 3 — Accommodation registration (within 24 hours of arrival). Hotels register guests directly; in any other residence, you or your host register via QR code online or at the local police station within 24 hours.

Step 4 — Work-type residence permit (within 30 days of entry). Z-visa holders apply to the county-level-or-above police exit-entry authority within 30 days of entry, with work permit proof (Notification Letter or electronic social security card) and the employer’s supporting letter; the authority decides within 15 days of receiving the materials. Validity runs 90 days to 5 years: up to 5 years for high-end talent, urgently needed specialists and investors; up to 2 years for staff of credit-rated registered employers; up to 1 year for others. Fees are national and fixed: RMB 400 (up to one year), RMB 800 (one to under three years), RMB 1,000 (three to five years), per NDRC pricing document 发改价格〔2004〕No. 2230.

Yazhou Bay window note (verify before visiting): the 2026 service material supplied by the park says employers inside Sanya Yazhou Bay Science and Technology City file online through the national 12333 platform and should bring the original materials used for the overseas work-permit filing to the residence-permit window for verification. The park’s comprehensive service center is listed at the first floor of Building 3, Yabulun Science and Technology Industrial Park; the listed consultation number is 0898-88820660 ext. 8001, and the residence-permit counter requires an advance appointment. Addresses, hours and document lists can change, so call before travel.

Work permit duration follows the employment contract (contracts run at most 5 years); local practice — e.g., Shenzhen’s published 2025 guidance — issues A-category permits for 2–5 years and B-category for 1 year at first issue, capped by the employer’s license validity, contract term and passport validity. Short-term assignments (90 days or less): a short-term permit allows multiple employers (every location listed), cannot be extended, and stays of 30 days or less need no residence permit. Processing times vary by city — confirm with the local accepting window rather than relying on agency claims of “3-day” approvals.

6. Entered visa-free or on a tourist visa? You cannot start working

This is the single most common — and most expensive — mistake founders make. A visa-free stay is an entry and short-stay status, not permission to take employment or perform productive work. Do not assume it can be converted into a work permit inside China; the applicable domestic-filing route must be confirmed before any work begins.

Visa-free admission — including the National Immigration Administration’s 61-country, 30-day Hainan regional visa-free policy — covers short-term purposes such as tourism, business visits, family visits, medical treatment, exhibitions and sports events; work and study are expressly excluded. Working on a visa-free, tourist (L) or visit (F) status without a work permit and work-type residence permit is illegal employment under Article 43. The list of visa-free nationalities changes frequently, so check our Hainan visa-free policy guide for what visa-free entry can do — and its hard boundaries.

The compliant sequence for a founder is: register the Chinese company first → the employer files the overseas work permit application → you obtain the Z visa abroad → enter China → complete the residence permit within 30 days. If you are already inside China on a visa-free stay and a job offer materializes, do not start working: use the standard overseas route unless the competent authority confirms that an express domestic-filing exception applies to your case.

7. Applying from inside China, changing employers, renewals

Not everyone has to leave the country. The service guidelines list situations in which a work permit (over 90 days) can be applied for domestically, including: A-category talent already in China on another visa or a valid residence permit; foreigners changing employers where the position (occupation) is unchanged and the work-type residence permit remains valid; foreign spouses and children of Chinese citizens or of foreigners with permanent residence or work in China; personnel covered by free-trade-zone (and Hainan FTP) preferential policies; regional-headquarter and intra-group transfers; personnel under intergovernmental agreements; and other cases recognized by the approving authority.

Maintenance rules worth putting on your compliance calendar:

• Changing employer: the existing work permit must be cancelled first; the new employer files the new application within 30 days of cancellation, and your visa or residence permit must remain valid throughout.
• Renewal: the employer files at least 30 days before the permit expires; a permit not renewed on expiry is automatically cancelled.
• Information changes (name, passport number, position, category): apply for the change within 10 working days.
• Termination: the employer must cancel the permit within 10 working days of the employment relationship ending.

8. Documents: the checklist

For a work permit of over 90 days, the core national checklist is:

1. Work permit application form;
2. Proof of work experience (commitment-based for some A-category cases);
3. Highest degree / qualification certificate (foreign-issued documents must be authenticated);
4. Criminal record check, issued within 6 months — self-sworn declarations are not accepted;
5. Medical certificate, within 6 months (commitment system for overseas filings; a Chinese inspection-and-quarantine certificate is submitted at the residence-permit stage);
6. Chinese-language employment contract or appointment document (including intra-company transfer letters), stating parties, work location, duties, salary, work period in China and position, with signature/seal pages;
7. Passport information page (validity of 6 months or more);
8. Recent bareheaded white-background electronic photo (JPG, 40–120 KB, 354×472 to 420×560 pixels);
9. Accompanying dependants’ documents (spouse, children under 18, parents and parents-in-law).

Non-Chinese materials need Chinese translations stamped with the employer’s seal (passports excepted). Since the Hague Apostille Convention entered into force for China on 7 November 2023, public documents from other contracting states generally use an Apostille certificate instead of consular legalization, subject to the document and receiving authority. Hainan’s residence-permit stage additionally requires the employer’s invitation letter (original), a sealed copy of the business license (first application) and the employment contract.

9. Penalties: what illegal employment actually costs

Article 80 of the Exit-Entry Administration Law sets fixed penalties:

• Foreigners working illegally: a fine of RMB 5,000 to RMB 20,000; in serious cases, 5 to 15 days’ detention with the fine.
• Employers illegally hiring: RMB 10,000 per illegally hired person, capped at RMB 100,000, with gains confiscated (introducers face parallel fines).
• Illegal workers may be repatriated (Article 62) with a 1- to 5-year re-entry ban; in serious cases not constituting a crime, the Ministry of Public Security may impose deportation, carrying a 10-year entry ban (Article 81).

Overstaying is separately punished under Article 78 (warning, or in serious cases RMB 500 per day of illegal residence capped at RMB 10,000, or 5–15 days’ detention) — why the 30-day residence-permit deadline and 24-hour accommodation registration matter. The employer’s fine, confiscated gains and a multi-year entry ban for key staff are the real business risk.

10. Social insurance for foreign employees

Foreigners lawfully employed (work permit and residence permit, or permanent-residence ID) under statutory retirement age generally participate in social insurance; under the published implementation rules, the employer registers them within 30 days of the work documents being issued. China has signed social-insurance agreements with 13 countries (Germany, South Korea, Denmark, Canada, Finland, Switzerland, the Netherlands, France, Spain, Japan, Serbia, Luxembourg and Kyrgyzstan, per the 2025 Hainan guidelines). Exemptions apply only where the relevant agreement is in force and the individual falls within its covered persons, contributions and period; signing alone does not create an automatic exemption. See the Shanghai Human Resources and Social Security Bureau’s official summary and confirm the contribution base, rates and agreement treatment with the competent local bureau. On the employer side, our Hainan hiring and labor law guide covers contracts and payroll, and payroll outsourcing in China handles monthly filings.

11. Beyond the work permit: Hainan FTP talent policies

Since 1 August 2019, the Ministry of Public Security and the National Immigration Administration have piloted immigration conveniences for the Hainan Free Trade Port:

• Senior technical/managerial personnel, urgently needed specialists and innovation-team members introduced in key sectors may obtain a port visa on arrival and, after entry, long-term visas and residence permits of up to 5 years; recommended by Hainan’s talent authority, they may apply for permanent residence, with foreign spouses and minor children applying together.
• High-level overseas talent may employ foreign domestic workers and, with both employers’ consent, take part-time work in Hainan.
• Foreign technical staff such as luxury-star-hotel chefs and Boao Lecheng medical staff may receive residence permits matching their employment contract term.
• Foreign graduates of Chinese universities with a master’s degree or above who innovate or start businesses in Hainan may receive residence permits of up to 2 years; overseas-university students may take regular internships at Hainan star-rated hotels, hospitals and international schools on an invitation plus proof of enrollment.

The policy also opens a permanent-residence route for foreigners who have worked in Hainan for the prescribed period with good tax records, via provincial-government recommendation; the official sources we verified state prescribed years-of-work, income and tax standards but publish no specific income figure — treat precise numbers found online as unverified and confirm with the exit-entry authority. The Hainan FTP Talent Development Promotion Regulation (published 30 May 2025) adds statutory backing: qualified foreigners may serve as legal representatives of statutory bodies, public institutions and state-owned enterprises; permanent-residence holders working in Hainan enjoy equal rights with Hainan residents in education, employment, social insurance, medical care and housing; and overseas professional qualifications are recognized through a dynamically managed list. See the Hainan Free Trade Port complete guide and the tech startup guide for foreign founders; sector constraints on foreign hiring are mapped in our Hainan foreign investment negative list guide.

12. Outdated advice to ignore

• “Enter visa-free or on a tourist visa and sort out the papers after you start working.” Illegal employment — see Section 6 and the fines in Section 9.
• “You collect a physical Foreign Work Permit card after entry.” Obsolete since 1 December 2024 — permit information now lives on your electronic social security card.
• “The employment permit and foreign expert permit are two separate cards from two departments.” Merged into one unified work permit in 2017, and integrated with the social security card in 2024.
• “The Notification Letter is your visa” / “the Z visa lets you stay long-term.” The letter itself says “THIS IS NOT A VISA” (3 months to convert); the Z visa is an entry document, and the residence permit — due within 30 days of entry — is your legal long-term stay.
• “Every Hainan B-category applicant is exempt from age limits, and C category is always available up to age 65.” The provincial policy page states no B-category age limit and a one-year teaching-experience route, but the Yazhou Bay window checklist applies a statutory-retirement-age test to B/C applicants. Confirm the actual filing route; the reviewed public provincial source does not establish a universal C-category age-65 rule.
• “The government charges a work permit fee.” The permit process is free; the only government fee in the chain is the residence permit fee of RMB 400 / 800 / 1,000.
• “You must consular-legalize your degree at a Chinese consulate.” Documents from Apostille Convention states have needed only an Apostille certificate since 7 November 2023.
• “When you change jobs, the permit just carries over.” The old permit must be cancelled first, and the new employer refiles within 30 days.
• “Foreign students can intern at any company.” Only foreign students enrolled at Chinese universities may intern (with school consent and a residence-permit annotation); overseas-university students may intern in Hainan only under the special hotel / hospital / international-school program.

13. How this fits your launch plan

The legal order of operations for a foreign founder hiring in China is: entity → employer account → work permit filing → Z visa → entry → residence permit → social insurance registration. Starting mid-chain — working before the permit exists, or filing before the entity exists — is where refusals and fines happen. If the entity is not ready but you need people on the ground now, an employer-of-record arrangement may be a temporary alternative where it is lawfully structured and the worker’s immigration and employment requirements are satisfied: see our China employer of record guide and the EOR vs. WFOE comparison. The broader launch sequence is in our guide on how to start a business in China in 2026 and the Hainan company registration overview; weighing Hainan against other hubs, see the Hainan vs. Singapore comparison — and remember Hainan’s tax benefits require genuine substantive operations.

We help founders with employer-qualification checks, A/B/C category assessment, document preparation (Apostille, Chinese contracts), system filing and the residence-permit handoff. Approval rests with the authorities — no adviser can promise an outcome — but a correctly categorized and complete file avoids the delays, refusals and legal exposure that come from guessing. Book a free 30-minute feasibility call or explore our China market entry consulting service and company registration service before you file.

Frequently Asked Questions

Do I need both a work visa and a work permit for China? You need a chain of three: the Z (work) visa to enter, the work permit classifying you as A, B or C, and the work-type residence permit legalizing long-term stay. Article 41 of the Exit-Entry Administration Law requires the permit and residence permit together, and no employer may hire anyone lacking both.

What is the difference between Category A, B and C foreign workers in China? A — high-end talent (national salary route: six times the local average wage, or 85+ points), green channel, permits up to 5 years; B — professional talent (degree plus 2 years’ experience, national salary route four times, or 60+ points), generally age-capped at 60 nationally; C — quota-managed and short-term (up to 90 days) personnel. Hainan’s published provincial policy states four-times (A) and three-times (B) salary routes and no B-category age limit. A 2026 Yazhou Bay window checklist still applies national salary multiples and a retirement-age test to B/C cases, so confirm the accepted route locally.

I entered China visa-free (or on a tourist visa) — can I start working and sort out the papers later? No. Visa-free, tourist and business-visit status does not authorize employment. Hainan’s 61-country regional visa-free policy expressly excludes work and study, and a visa-free stay should not be treated as a domestic work-permit pathway. Working without the required documents is illegal employment: RMB 5,000–20,000 fine (and possible detention) for the worker, and RMB 10,000 per illegally hired person (capped at RMB 100,000) for the employer, plus possible repatriation or deportation.

What changed with the December 2024 “card integration” of the work permit and social security card? From 1 December 2024 (MOHRSS [2024] No. 75), no physical Foreign Work Permit card is issued after entry; permit information is loaded onto your electronic social security card. The old overseas two-step process is merged into one application; existing cards stay valid under “no change, no replacement”.

How long does the whole China work visa process take (Z visa, work permit, residence permit)? Statutory frames: pre-review within 5 working days; permit decision within 20 working days (over-90-day permits, extendable by 10) or 5 working days (short-term and A-category); the Notification Letter is valid 3 months for the Z visa; residence permit due within 30 days of entry, decided within 15 days of material receipt. Actual processing varies by city; confirm with the local window.

What are Hainan Free Trade Port’s special rules for hiring foreigners (age limits, salary thresholds, permanent residence)? Hainan’s published provincial policy states the A-category salary route at four times the provincial average wage, B at three times, no B-category age limit, and one year’s teaching experience for language teachers. A 2026 Yazhou Bay service-window checklist instead uses the national six-times/four-times salary routes and a statutory-retirement-age test for B/C applicants. Treat the provincial thresholds as possible filing routes, not automatic entitlements; confirm the route and document list with the accepting window before filing.

What are the penalties for a company that hires a foreigner without a work permit in China? Under Article 80: a fine of RMB 10,000 per illegally hired person, capped at RMB 100,000, with illegal gains confiscated; the worker faces RMB 5,000–20,000 and, in serious cases, 5–15 days’ detention. Serious cases can lead to repatriation (1- to 5-year entry ban) or deportation (10-year entry ban).

Can a foreign founder or legal representative get a work permit and permanent residence in Hainan? Potentially. A founder may qualify under A or B if the relevant criteria are met — Hainan’s B category has no age limit and a 3-times salary route — and may serve as the company’s legal representative. High-level talent recommended by Hainan’s talent authority may apply for permanent residence with spouse and minor children; the 2025 Hainan FTP Talent Development Promotion Regulation also allows qualified foreigners to head statutory bodies, public institutions and state-owned enterprises.

Do foreign employees have to pay social insurance in China? Are there exemptions for German, Korean, Japanese or other nationals? Lawfully employed foreigners under retirement age must participate; employers register them within 30 days at Chinese-employee contribution bases and rates. China has signed social-insurance agreements with 13 countries — Germany, South Korea, Denmark, Canada, Finland, Switzerland, the Netherlands, France, Spain, Japan, Serbia, Luxembourg and Kyrgyzstan (2025 Hainan guidelines list). An exemption applies only if the relevant agreement is in force and the person and contribution fall within its scope; signing alone does not create an automatic exemption.

What documents do I need (degree authentication, criminal record check, medical exam), and does the Apostille Convention apply? Core: application form, work-experience proof, degree/qualification certificate, criminal record check (within 6 months; self-sworn declarations rejected), medical certificate (within 6 months), Chinese-language employment contract, passport with 6+ months’ validity, specified-format electronic photo, dependants’ documents. Since 7 November 2023, documents from Apostille Convention states need only an Apostille certificate, not consular legalization.

Do I need a visa to work in China? Can I work on a business (M) or tourist (L) visa? Yes—if you will actually perform work in China, including serving in an operating role or drawing salary from your own WFOE, you generally need a foreigner work permit and a work-type residence permit. The usual overseas route starts with a Z visa, although limited in-country application routes may apply to eligible cases. An M visa, L visa or visa-free entry—including Hainan’s 61-country, 30-day regional policy updated on 20 August 2026—allows only the activities specified for that status; it does not authorize employment or productive work. See the illegal-employment rules and penalties before relying on a short-stay status. A passive shareholder who does not work in China and receives no China salary does not necessarily need work authorization merely because of ownership. Founder cases are assessed under the applicable A or B route. Working for an entity other than the approved employer, or outside the authorized role, may also require a new approval or contract review. Map the route before travel through our China market-entry consulting service.

Can a US citizen work or start a company in China? Yes. A US citizen may establish a company in China and may work for it if the company and the individual complete the applicable approvals. Nationality is not a blanket bar. A WFOE can generally be 100% foreign owned when its activities are outside the applicable foreign-investment negative list. If the founder will manage the business or receive salary in China, the company must qualify as an employer and the individual must obtain the appropriate work permit and work-type residence permit. US-issued public documents intended for use in China generally follow the Apostille Convention route, subject to the issuing authority, document type and receiving authority’s requirements; review the document checklist. Bank KYC may require detailed source-of-funds, ownership and business evidence, but there is no general legal prohibition on US citizens opening or operating a compliant China company. Our company registration service can help map the filing sequence.

Official sources

• National Immigration Administration: Exit-Entry Administration Law of the People’s Republic of China
• MOHRSS [2024] No. 75: Integration of the Foreigner’s Work Permit and social security card
• Hainan Provincial Government: Policies regarding foreign nationals working in China
• Hainan Provincial Government: Applying for a work permit in Hainan
• National Immigration Administration: Hainan 61-country, 30-day regional visa-free policy
• Ministry of Foreign Affairs: Apostille Convention takes effect for China
• Shanghai Human Resources and Social Security Bureau: social insurance for foreign employees

Local materials reviewed: a 2026 Sanya Yazhou Bay Science and Technology City service-window checklist supplied to Hainan Setup was used only for the local filing caveats and window details above. The 2017 national Service Guide for Foreigner’s Work Permit in China (Interim) was used as a historical baseline for the A/B/C framework, domestic-application cases, maintenance deadlines and statutory processing periods. Its physical-card, post-entry second application, consular-legalization and some visa instructions have been superseded and are not presented here as current procedure.

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Disclaimer: This article is for general information only and does not constitute legal, immigration or tax advice. Regulations and local implementation rules change. Official sources and key claims were last reviewed on 15 September 2026; confirm category thresholds, processing times and required documents with the local accepting window before filing.

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Planning to hire foreign staff — or to work in your own Hainan company? Book a free 30-minute feasibility call for a tailored assessment of your category and route.