Additional Labor Market Testing Requirements, Delays Possible Under New Adjudication System
November 14, 2014

The new system will replace the current work permit process and will include additional labor market testing requirements during the pre-approval stage for some cases. The new system will not impact current documentary requirements, the current 30-day turnaround time for work permit applications, or quotas for foreign workers.
Additional Labor Market Tests Required During Pre-Approval Stage
The new adjudication system will require employers or their representatives to submit in person an employment approval application to the General Inspectorate for Immigration. This pre-approval application will include newly heightened labor market testing requirements. Employers will be required to place advertisements in several publications instead of only one, as the law currently requires.
To obtain pre-approval, employers must have paid the previous quarter’s tax payments, be free of certain Labor or Criminal Code convictions, and be free of work permit or employment-related sanctions in the previous three years.
Once the General Inspectorate issues the employment pre-approval, the foreign worker can apply for a work visa and eventually, a residence permit.
It is expected that pending work permit applicants may have to submit additional documents to comply with the new law.
Employers who fail to comply with the new system may face fines ranging from €150-650 per violation, closure of the workplace where the offense was committed, or denial of certain state subsidies.
Work permit applications for intracompany transferees, professional athletes and cross-border workers will be exempt from this requirement, among others, though intracompany transferees will require a secondment approval during the initial stages of the work permit process.
What This Means for Employers
Romanian employers applying for work permits for non-EU foreign nationals, including intracompany transferees, may face delays from the end of November on as the new adjudication system is implemented. Employers hiring non-EU foreign nationals may also face a longer work permit application process, and may need to conduct additional advertising during labor market testing.
Employers with pending work permit applications should be prepared to submit additional documentation if necessary to comply with the new law.
This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
© 2009 - 2015 © Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.
Explore more at Fragomen
Work authorization
Senior Associate Tugba Ozyakup and Senior Immigration Manager Andreia Ghimis explore how the EU’s Entry/Exit System is reshaping Schengen overstay enforcement, the risks facing travellers and employers and the legal remedies available to challenge or prevent adverse outcomes.
Video
Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Canada’s entry requirements for the 2026 FIFA World Cup, including visa-required and visa-exempt nationals, visitor entry rules and key planning considerations for fans, teams, media and volunteers.
Media mentions
Partner Kevin Miner discusses the DOL’s proposed H-1B wage rule and its potential to add significant unplanned costs for US employers.
Media mentions
Video
Senior Associate Isabel Schnitzler highlights key pathways to German citizenship, including descent-based eligibility and standard naturalization requirements and outlines important considerations for individuals exploring their options.
Media mentions
Senior Manager Louise Senior outlines key compliance considerations for UK hospitality sponsors as regulatory expectations continue to evolve.
Media mentions
Senior Counsel Mitch Wexler said proposed H-1B and PERM wage increases could raise hiring costs and apply only to new and pending applications.
Work authorization
UK Government Affairs Strategy Director Shuyeb Muquit explores the latest UK immigration fee increases and their wider implications for migration trends, labour supply and workforce planning.
Video
Partner Karine Wenger outlines US visa considerations for the 2026 FIFA World Cup, including the FIFA Pass priority scheduling system and the importance of early planning.
Media mentions
Video
Senior Associate Isabel Schnitzler highlights key considerations for managing outbound assignments from Germany, including planning, visa requirements and coordinated global support.
Video
Partner Jack Kim discusses one of many immigration pathways for staying in Canada post-graduation, the Post-Graduation Work Permit (PGWP).
Work authorization
Senior Associate Tugba Ozyakup and Senior Immigration Manager Andreia Ghimis explore how the EU’s Entry/Exit System is reshaping Schengen overstay enforcement, the risks facing travellers and employers and the legal remedies available to challenge or prevent adverse outcomes.
Video
Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Canada’s entry requirements for the 2026 FIFA World Cup, including visa-required and visa-exempt nationals, visitor entry rules and key planning considerations for fans, teams, media and volunteers.
Media mentions
Partner Kevin Miner discusses the DOL’s proposed H-1B wage rule and its potential to add significant unplanned costs for US employers.
Media mentions
Video
Senior Associate Isabel Schnitzler highlights key pathways to German citizenship, including descent-based eligibility and standard naturalization requirements and outlines important considerations for individuals exploring their options.
Media mentions
Senior Manager Louise Senior outlines key compliance considerations for UK hospitality sponsors as regulatory expectations continue to evolve.
Media mentions
Senior Counsel Mitch Wexler said proposed H-1B and PERM wage increases could raise hiring costs and apply only to new and pending applications.
Work authorization
UK Government Affairs Strategy Director Shuyeb Muquit explores the latest UK immigration fee increases and their wider implications for migration trends, labour supply and workforce planning.
Video
Partner Karine Wenger outlines US visa considerations for the 2026 FIFA World Cup, including the FIFA Pass priority scheduling system and the importance of early planning.
Media mentions
Video
Senior Associate Isabel Schnitzler highlights key considerations for managing outbound assignments from Germany, including planning, visa requirements and coordinated global support.
Video
Partner Jack Kim discusses one of many immigration pathways for staying in Canada post-graduation, the Post-Graduation Work Permit (PGWP).
