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
Blog post
Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.
Fragomen news
Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.
Awards
Partner F. Joseph Paldino is recognized with the Utah State Bar’s Paul Moxley Outstanding Mentor Award for his dedication to mentorship in immigration law and fostering professional growth in the legal community.
Blog post
In this blog, Partner K. Edward Raleigh explains how modern immigration compliance must evolve from paperwork and formality into a strategic governance discipline that aligns outdated laws with today’s business realities and measures true compliance through systems, behavior and integrity.
Blog post
UK Government Affairs Strategy Director Shuyeb Muquit examines the UK’s evolving immigration framework, outlining recent reforms, upcoming consultations and the key areas where business can help shape the system’s future direction.
Video
Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport.
Awards
Eight Fragomen professionals in Mexico City recognized in The Best Lawyers in Mexico™ 2026 edition for excellence in Immigration Law.
Fragomen news
Partner Blake Chisam discusses DHS’s proposed rule expanding biometric data collection and continuous vetting, outlining key privacy and compliance implications for employers.
Fragomen news
Awards
Fragomen is recognized at the National Tier 1 level for Immigration Law in the 2026 edition of The Best Law Firms – United States, with 15 offices across the country also recognized for their excellence in immigration law.
Awards
Fragomen receives Altair Global’s 2025 Super Star Award for Humanitarian Commitment, honoring the firm’s leadership in advancing humanitarian mobility initiatives.
Media mentions
Partner Rick Lamanna discusses Canada’s 2025 federal budget and its significant shift in immigration policy including new limits on international student permits and temporary residents.
Blog post
Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.
Fragomen news
Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.
Awards
Partner F. Joseph Paldino is recognized with the Utah State Bar’s Paul Moxley Outstanding Mentor Award for his dedication to mentorship in immigration law and fostering professional growth in the legal community.
Blog post
In this blog, Partner K. Edward Raleigh explains how modern immigration compliance must evolve from paperwork and formality into a strategic governance discipline that aligns outdated laws with today’s business realities and measures true compliance through systems, behavior and integrity.
Blog post
UK Government Affairs Strategy Director Shuyeb Muquit examines the UK’s evolving immigration framework, outlining recent reforms, upcoming consultations and the key areas where business can help shape the system’s future direction.
Video
Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport.
Awards
Eight Fragomen professionals in Mexico City recognized in The Best Lawyers in Mexico™ 2026 edition for excellence in Immigration Law.
Fragomen news
Partner Blake Chisam discusses DHS’s proposed rule expanding biometric data collection and continuous vetting, outlining key privacy and compliance implications for employers.
Fragomen news
Awards
Fragomen is recognized at the National Tier 1 level for Immigration Law in the 2026 edition of The Best Law Firms – United States, with 15 offices across the country also recognized for their excellence in immigration law.
Awards
Fragomen receives Altair Global’s 2025 Super Star Award for Humanitarian Commitment, honoring the firm’s leadership in advancing humanitarian mobility initiatives.
Media mentions
Partner Rick Lamanna discusses Canada’s 2025 federal budget and its significant shift in immigration policy including new limits on international student permits and temporary residents.