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How a BOI Company Work Permit Differs From a Regular Company

How a BOI Company Work Permit Differs From a Regular Company

Legal basis, filing channel and position approval compared: BOI-promoted companies versus regular companies in Thailand.

There are three main differences. The first is the legal basis: a BOI company relies on sections 25 and 26 of the Investment Promotion Act, while a regular company follows the ordinary labour and immigration route. The second is the channel: a BOI company files through the BOI One Stop Service Center, which brings BOI, Immigration and the Department of Employment together, whereas a regular company files separately with the Department of Employment and Immigration. The third is that the foreign employee's position must be approved by the BOI.

What are the main differences between a BOI company and a regular company?

The table below covers the points HR teams ask about before they start a filing. Every row links to the government source it relies on.

PointBOI companyRegular company
Legal basisSections 25 and 26 of the Investment Promotion ActThe ordinary route under the Department of Employment manual and the Immigration Bureau criteria
Filing channelBOI visa and work permit service center and the Single Window, per the BOI documentSeparate filings with the Department of Employment (work permit) and Immigration (visa), per the Department of Employment manual
Who approves the positionThe BOI Board approves positions under section 26No BOI position approval; the Department of Employment criteria apply
Visa typeNon-B or IB, per the BOI documentNon-B, per the Ministry of Foreign Affairs
Length of stay and work per approval1–4 years at a time depending on the activity, per the BOI documentWork permit fees are charged by period; see the Department of Employment manual
Spouse and dependantsIn the same system as the employee, and section 25 covers spouses and dependants, per the BOI documentFiled as a separate case; see our dependant visa page
Digital work permitAvailable, per the BOI documentDepends on the Department of Employment system; check with the agency directly
Criteria appliedPosition criteria in announcement Por.3/2567Paid-up capital, financial statements and Thai staff ratio under the Immigration Bureau criteria

What do sections 25 and 26 of the Investment Promotion Act actually say?

Section 25 of the Investment Promotion Act lets a promoted business bring skilled workers and experts into the Kingdom, together with their spouses and dependants, even where the numbers or periods go beyond what immigration law allows. This is why a BOI company is not measured against the same limits on numbers and length of stay as a regular company.

Section 26 is the other side of the coin. A person who enters under section 25 may work only in positions the BOI Board has approved. In practice, the job title and duties in the application must match the position the BOI approved. If an employee moves to different work, the company should first check that the new position is on the approved list, because the right is tied to the position and not only to the company.

One more case is worth knowing. Before a company receives its promotion certificate, the BOI offers section 24 treatment, which allows a stay of 6 months to 1 year, and dependants are not eligible during this period, per the BOI document. If your company is at this stage and an employee needs to bring family, plan for the dependants from the start.

Which channel do BOI companies use, and how does it differ?

According to the BOI document, the One Stop Service Center for visas and work permits has operated since 1 July 1997, with officers from the BOI, Immigration and the Department of Employment in one place. The BOI also runs an online Single Window, issues digital work permits, and handles spouses and dependants in the same system as the employee.

A regular company has no such single point. It applies for the work permit at the Department of Employment under the citizen manual, which sets a 100 THB application fee and permit fees of 750 THB (up to 3 months), 1,500 THB (over 3 up to 6 months) or 3,000 THB (over 6 months up to 1 year). It then applies for the extension of stay at Immigration. If the employee is still abroad, the Ministry of Foreign Affairs requires the WP3 approval letter, and the Non-B visa fee is 2,000 THB (single entry) or 5,000 THB (multiple entry), per the ministry page.

The practical difference is the number of agencies HR must deal with and how often the same documents are submitted. Processing time on the BOI side depends on the case, so ask the BOI directly rather than rely on a figure that the official documents do not give.

What position criteria does the BOI apply under announcement Por.3/2567?

Announcement Por.3/2567 says the BOI approves positions by looking at the make-up of the business and at positions where Thai staff are in short supply. The table below summarises the main criteria it states.

Position groupStated criteriaSource
Executive / ManagementAge 27 or over and at least 5 years of experienceAnnouncement Por.3/2567
Operation (degree matches the job)Age 22 or over and at least 2 years of experienceAnnouncement Por.3/2567
Operation (degree does not match)Age 22 or over and at least 5 years of experienceAnnouncement Por.3/2567
Manufacturing and service positionsApproved for up to 2 years at a time, extendable by up to 2 years each timeAnnouncement Por.3/2567

The announcement presents the extension of up to 2 years at a time as the general rule, with specific exceptions set out in the text. If your position might fall under an exception, read the full announcement before filing.

What must a regular company meet, and are BOI companies exempt?

For a regular company, the Immigration Bureau criteria call for paid-up capital of at least 2 million THB, audited financial statements, and 4 permanent Thai employees for each foreign employee. The documents include the company affidavit, PND.1 filings for recent months and the list of Thai employees, which matches the list in our first work permit documents article.

The question that always follows is whether a BOI company is exempt from the 2 million THB capital and the 4:1 ratio. We found no official statement that settles this, so we give no figure and no conclusion. The answer depends on the conditions in each company's promotion certificate and on the officer's assessment, and it should be checked case by case with the BOI and Immigration.

How should a company prepare before choosing a route?

Start by confirming whether the company already holds its promotion certificate or is still in the section 24 period. Then compare the employee's position with Por.3/2567: does the age, degree and experience fit the position group? Only then decide how to handle dependants. We recommend starting the paperwork at least 45 days before the current visa or permit expires, because some company documents take time to issue.

For a company without BOI promotion, check paid-up capital, financial statements and Thai headcount first, every time. If the numbers fall short, fix the cause before filing. For an overview of the service, see our visa and work permit page.

It also helps to keep the job title, duties and salary identical across every document: the employment certificate, the contract and the application itself. Small mismatches are a common reason for an officer to ask for more papers and lose time. Keep copies of degree certificates and work-experience letters ready, because the BOI age and experience criteria need evidence behind them, and set calendar reminders well ahead for the visa, work permit and reporting due dates.

Before filing through the BOI Single Window, we suggest having the following ready:

  • A copy of the promotion certificate and the document showing the positions the BOI approved
  • The employee's passport, degree certificates and work-experience letters
  • A job title, duties and salary that match across every document
  • Spouse and dependant details, if they are being filed at the same time
  • A named person at the company who can answer the officer's questions

This list is our practical recommendation, not an official list. Confirm with the BOI whether any further documents are needed.

Information as of 20 October 2026, taken from the government pages linked above. Rules can change — check with the agency before you file.

If you would like help checking which route your company falls under, you can reach us through the contact page or read more on the visa and work permit service page.

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