The situation
The Central Immigration Department of Kuching, Sarawak, has announced that effective October 29, 2018, employers seeking to obtain an Employment Pass (EP) or Professional Visit Pass (PVP) in the regions of Kuching, Miri or Bintulu must ensure those foreign nationals do not hold valid work passes in West Malaysia, Sabah and/ or the Federal Territory of Labuan.
Impact
If the employee holds a concurrent work pass in one of these regions, the employer must submit a Work Pass cancelation request and the request must be approved before the employer can apply for a Sarawak EP or PVP.
The work pass cancelation process involves submission of the original passport to the Immigration Department to cancel the work pass, which could take up to three business days. The foreign national’s travel may be limited while their passport is maintained by the Immigration Department.
Background
The policy was presumably introduced to disallow foreign employees from holding multiple work passes in Malaysia and to encourage employers to hire local Sarawakians. Past practices align with protection of the local workforce as well, as exemplified by a moratorium imposed by the Sarawak Immigration Department on EP applications on behalf of employees in the oil and gas industry in August 2016; and the enforcement of the rule to advertise available positions for EP applications filed in Kuching without any exceptions or exemptions in September 2016.
Looking ahead
Fragomen projects that other regions in East Malaysia will adopt this restriction as well. Fragomen will report on developments as they occur.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
Explore more at Fragomen
Media mentions
Partner Jill Bloom explains how the new wage-based H-1B selection rule may influence hiring decisions and prompt employers to reassess workforce planning and explore alternative visa options.
Media mentions
Partner K. Edward Raleigh discusses how companies are rethinking their H-1B strategies amid evolving policies.
Awards
Senior Counsel Mitch Wexler is recognized by EB5 Investors Magazine as a 2025 Top 25 award recipient, reflecting leadership and long-standing impact in the global investment immigration space.
Blog post
Partners Isha Atassi and Rahul Soni outline key considerations across the EB-5 Immigrant Investor Program and the US Gold Card, comparing eligibility, investment structures and risk factors for high-net-worth individuals from the Middle East seeking US permanent residence.
Media mentions
Partner K. Edward Raleigh commented on proposed changes to US entry requirements.
Video
Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area.
Media mentions
Partner Rick Lamanna discussed Canada’s $1B plan to attract global researchers.
Blog post
Manager Alex Hood, Senior Associate Kimberley Ong and Immigration Paralegal Ataa Rajput explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.
Media mentions
Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.
Media mentions
Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.
Blog post
IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.
Media mentions
Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.
Media mentions
Partner Jill Bloom explains how the new wage-based H-1B selection rule may influence hiring decisions and prompt employers to reassess workforce planning and explore alternative visa options.
Media mentions
Partner K. Edward Raleigh discusses how companies are rethinking their H-1B strategies amid evolving policies.
Awards
Senior Counsel Mitch Wexler is recognized by EB5 Investors Magazine as a 2025 Top 25 award recipient, reflecting leadership and long-standing impact in the global investment immigration space.
Blog post
Partners Isha Atassi and Rahul Soni outline key considerations across the EB-5 Immigrant Investor Program and the US Gold Card, comparing eligibility, investment structures and risk factors for high-net-worth individuals from the Middle East seeking US permanent residence.
Media mentions
Partner K. Edward Raleigh commented on proposed changes to US entry requirements.
Video
Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area.
Media mentions
Partner Rick Lamanna discussed Canada’s $1B plan to attract global researchers.
Blog post
Manager Alex Hood, Senior Associate Kimberley Ong and Immigration Paralegal Ataa Rajput explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.
Media mentions
Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.
Media mentions
Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.
Blog post
IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.
Media mentions
Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.