Non-B Visa vs SMART Visa in Thailand for Foreign Professionals and Entrepreneurs

gentlelawlawfirm
Jul 21
4 min read

Which is Better Non-B Visa vs SMART Visa in Thailand for foreign professionals and entrepreneurs?

Foreign professionals, executives, and startup founders often ask:

“Should I apply for a Non-Immigrant B Visa (Non-B) or try to get a SMART Visa in Thailand?”

Both visa types allow foreign professionals to live and work in Thailand. However, they serve very different legal and business purposes — and choosing the wrong one can lead to visa rejections, delays in securing a work permit, or long-term limitations on your operations.

In this guide, GENTLE LAW IBL — Thailand’s trusted legal partner for business visa and company setup — breaks down the key legal and practical differences between the Non-B Visa and SMART Visa for foreign professionals and entrepreneurs.

🧳 What Is the Non-Immigrant B Visa (Non-B)?

The Non-B Visa is the most commonly used visa for foreign professionals, entrepreneurs, and company executives who intend to legally work in Thailand.

It is not a work permit itself — but a required immigration step prior to applying for a work permit through the Ministry of Labour (MoL).

Typical Profiles of Applicants:

Foreign employees working for Thai companies
Managing directors or board members
Entrepreneurs setting up a Thai limited company
Consultants or freelancers (with proper structure)

Legal Requirements:

Under the Immigration Act B.E. 2522 and Alien Working Act B.E. 2551, obtaining a Non-B Visa is necessary to initiate legal work status.

Required Documents (for visa issuance via Royal Thai Embassy):

Thai company invitation letter (with job title and justification)
Company documents (Certificate of Incorporation, VAT registration, financial statements)
Employment contract
Passport and updated CV

⚖️ Visa Validity & Extensions:

Initial validity: 90 days (single-entry)
Can be extended up to 1 year upon approval of work permit
Extensions must be tied to employer and conform to labour quota (generally 4 Thai staff per 1 foreigner, unless exempted)

🧠 What Is the SMART Visa?

Introduced under the Thailand 4.0 policy by the Board of Investment (BOI), the SMART Visa is a long-term alternative designed to attract foreign professionals in high-tech and innovation-driven industries.

The SMART Visa allows eligible foreign professionals to:

Work without a separate work permit
Stay in Thailand for up to 4 years
Bring eligible dependents under the SMART “O” category
Enjoy fewer reporting and re-entry burdens

SMART Visa Categories:

Code	Group	Description
T	Talent	High-level professionals earning ≥ THB 100,000/mo in targeted tech fields
I	Investor	Investors in technology or innovation sectors
E	Executive	C-level professionals in BOI-promoted companies
S	Startup	Founders of innovation-based startups with clear funding and business plan
O	Others	Family members of SMART Visa holders

Targeted Industries:

Digital economy, AI, FinTech
Biotech & medical tech
Robotics, automation, Industry 4.0
Renewable energy, aviation, next-gen automotive

Legal Framework:

Governed by the BOI Announcement on SMART Visa Operations, under the Investment Promotion Act B.E. 2520.

Application Process:

Apply through SMART Visa Unit, coordinated by the BOI
Takes approx. 30–60 days
Requires vetting of education, salary, business plan, and industry fit

📊 Legal Comparison Non-B Visa vs SMART Visa in Thailand for Foreign Professionals and Entrepreneurs

Feature	Non-B Visa	SMART Visa
Work Permit	Required separately	❌ Not required
Duration	90 days → Extendable to 1 year	Up to 4 years
Legal Industry Scope	Any (if company is eligible)	BOI-promoted sectors only
Salary Requirement	Flexible	≥ THB 100,000/mo (most categories)
Application Speed	Fast (7–15 days)	Moderate (30–60 days)
Dependents	Separate visa application required	Included in SMART “O”
Re-entry Permit	Required separately	Automatically included
Extension	Linked to employer and WP	Independent if qualifications remain valid
Tax Planning	Standard income tax	May qualify for Long-Term Resident (LTR) tax perks

✅ When Should Foreign Professionals Choose the Non-B Visa?

You should consider the Non-B Visa route if:

You are a foreign executive or SME entrepreneur
Your business is not within a BOI-promoted sector
You need a faster timeline for company formation and legal work setup
You plan to apply under the labour quota system
You are testing market viability before full expansion

GENTLE LAW IBL provides turnkey Non-B Visa + Work Permit packages, including company registration, shareholder structuring, and labour compliance.

✅ When Should Foreign Professionals Choose the SMART Visa?

Choose SMART Visa if:

You are a deep-tech entrepreneur or expert in a BOI-targeted sector
You earn at least THB 100,000/month (verified by payroll or contracts)
You need greater flexibility and a longer stay
Your business plan includes technology-driven innovation
You seek visa and work privileges without 4:1 labour ratio restrictions

Note: The process is more rigorous — you will need to provide clear documentation for business plans, academic background, and income.

⚠️ Legal Pitfalls for Foreign Professionals to Avoid

Mistake	Legal Risk
Applying for SMART Visa in a non-BOI sector	Application likely rejected
Starting work on Non-B Visa before permit issued	Violation of Alien Working Act → possible fines or blacklisting
Using SMART Visa with non-certified BOI employer	Non-renewable visa → forced exit or reapplication
Freelancing on Non-B Visa without registered company	Rejected or voided visa application

🧭 How GENTLE LAW IBL Helps Foreign Professionals

We provide personalized legal advisory to help you:

Evaluate your visa eligibility and legal risks
Match your business to BOI requirements (if applicable)
Choose the right visa based on your goals, timeline, and compliance risk
Handle end-to-end SMART Visa or Non-B + Work Permit processing

Additional Services:

Full Thai company incorporation
Cross-border tax planning
BOI registration and liaison
Compliance audit for ongoing visa holders

📌 Final Thoughts: Non-B vs. SMART Visa

The SMART Visa is ideal for qualified foreign professionals in high-potential sectors — but demands strong documentation and BOI alignment.

The Non-B Visa remains the practical choice for most foreign entrepreneurs, directors, and employees — especially those building or managing SMEs in Thailand.