The Business Visa in Thailand, formally categorized under the Non-Immigrant “B” Visa, serves as the legal gateway for foreign nationals seeking to engage in business activities, employment, company representation, or investment management in the Kingdom. It is not a standalone work authorization but rather the first layer of legal entry, upon which work rights and residency must be further secured through proper immigration and labor permits.
Understanding the intricacies of the Thai Non-B visa system is essential for lawful operation, as administrative violations—whether intentional or not—can result in visa revocation, fines, deportation, and blacklisting. This article outlines the full legal framework and procedural landscape of Thailand’s business visa regime.
Thailand’s visa regime is governed by the Immigration Act B.E. 2522 (1979), while employment authorization is separately regulated under the Alien Working Act B.E. 2551 (2008) (now superseded by the Royal Decree on Managing the Work of Foreigners B.E. 2560 and its amendments).
The Non-Immigrant Visa “B” (Business) allows the holder to:
Enter Thailand to conduct business, attend meetings, or investigate market opportunities
Work legally upon obtaining a valid Work Permit
Represent a foreign company or joint venture
Establish or manage a Thai-registered business entity
It is crucial to differentiate between “doing business” and “working” under Thai law.
Business activities may include contract negotiations, trade discussions, or company setup without active employment.
Work, defined broadly as any physical or mental effort for benefit, requires both a Non-B visa and a Work Permit.
Engaging in work without a permit—even on a valid business visa—is unlawful and may result in criminal sanctions, including fines of up to THB 100,000 and deportation.
The Non-B visa can be further classified into:
Valid for 90 days
Suitable for short-term business activities or to initiate work permit procedures
Can be extended in-country
Valid for 1 year
Permits unlimited entries during the period
Each stay limited to 90 days unless extended
Requires exit and re-entry every 90 days or extension application
This visa must be supported by a sponsoring Thai entity, which may be a local company or branch of a foreign corporation.
Foreign nationals must typically apply at a Thai Embassy or Consulate in their country of residence. The process includes:
Visa Application Form
Valid Passport (at least 6 months’ validity)
Invitation Letter from a registered Thai company
Company Documents (e.g., Certificate of Incorporation, VAT registration, shareholder list)
Business Registration Certificate and Financial Statements
Work Permit Pre-Approval (if applicable)
Proof of Purpose (e.g., employment contract, appointment letter)
Approval is discretionary and often subject to additional consular requirements.
If already in Thailand under a different visa (e.g., tourist visa), a foreigner may change visa status to Non-B under strict conditions. This is only possible if:
The individual meets all visa eligibility criteria
The application is made at least 15 days before visa expiration
The local immigration office accepts and processes the change
This route is not guaranteed and may be denied unless supported by strong legal and commercial justification.
A Non-B visa alone does not authorize employment. A Work Permit must be obtained from the Department of Employment, Ministry of Labour. To qualify, the sponsoring company must meet certain thresholds:
Registered capital of at least THB 2 million per foreign employee
Minimum of 4 full-time Thai employees per foreigner (unless BOI-promoted)
VAT registration and active business operations
Clear job description and relevance of foreign employee’s role
Exceptions may apply for companies under:
Board of Investment (BOI)
Industrial Estates Authority
Treaty of Amity (for U.S. citizens)
Once in Thailand, a holder of a Non-B visa can apply for a 1-year extension at the Immigration Bureau if they:
Hold a valid Work Permit
Receive a minimum salary based on nationality (e.g., THB 50,000 for U.S./EU nationals)
Provide corporate tax and income tax documents
Submit financial statements and employment evidence
90-Day Reporting: All foreigners staying in Thailand longer than 90 days must report their residence address every 90 days.
Re-Entry Permits: Leaving Thailand without a re-entry permit will void the visa extension.
Businesses approved by the Thailand Board of Investment (BOI) are eligible for streamlined visa and work permit procedures through the One Stop Service Center (OSSC).
Advantages include:
Faster visa and work permit processing
No capital or Thai staff ratio requirements
Permission for spouses and dependents to stay and work (subject to conditions)
BOI endorsement, however, is limited to specific industries such as:
Technology
Research & Development
Export manufacturing
International trade services
Annual renewals require submission of:
Company’s audited financials
Updated tax documents (PND 1, PND 90, etc.)
Evidence of ongoing employment and salary payments
Scrutiny increases for inactive or dormant companies
Termination of employment must be reported to both Immigration and the Ministry of Labour
Visa and Work Permit are automatically cancelled upon termination
Overstay fines and blacklisting apply if the individual remains in Thailand unlawfully after cancellation
Common pitfalls include:
Using a Non-B visa to engage in unpermitted work, such as freelance or remote work, without a permit
Failure to renew the Work Permit in tandem with visa extension
Misuse of nominee shareholders or fake companies to obtain sponsorship
Delayed tax filings or company non-compliance triggering visa non-renewal
Thai authorities maintain active cross-checking mechanisms between the Immigration Bureau, Department of Business Development, and Revenue Department.
| Visa Type | Purpose | Work Allowed | Key Requirements |
|---|---|---|---|
| Non-B Visa | Business/Employment | ✅ With permit | Sponsorship by Thai entity |
| SMART Visa | Tech/Startup/Executive | ✅ Without permit | High income, BOI endorsement |
| LTR Visa | Long-Term Resident | ✅ With endorsement | Income or investment thresholds |
| Non-O Visa | Family/Retirement | ❌ (unless separate permit) | Thai family or age/income qualifications |
The Business Visa in Thailand is a core mechanism for foreign professionals and entrepreneurs to participate in the Thai economy. However, the legal environment is highly regulated and subject to dynamic interpretation by immigration and labor officials.
Holding a valid Non-B visa without securing a Work Permit, or failing to adhere to reporting and renewal obligations, may lead to legal jeopardy. As such, professional legal consultation is essential for business planning, visa structuring, and employment compliance.
Thailand offers real opportunity—but only to those who understand and respect the legal and bureaucratic architecture of its immigration regime.