Highly Qualified Workers’ Requisite Salary May be Higher Due to Policy Change
July 19, 2018

The situation
Spanish immigration authorities have been rejecting highly qualified workers’ immigration applications under the Entrepreneurs Act, which may result in the need for higher salaries for such applicants.
A closer look
Immigration authorities have argued that rejected applicants’ salaries are not sufficient, even where the salary is in line with collective bargaining agreements and is over the requisite EUR 30,000 for the category.
Impact
Due to the more rigorous standards, Fragomen recommends employers to ensure salaries at 1.5 times the average salary of a similar position in the company and/or the sector. This salary level applies to the EU Blue Card, a permit type similarly tailored to highly qualified applicants but regulated under the general immigration framework (not the Entrepreneurs Act).
Case-by-case analysis is required to determine an appropriate salary level for each application. Considerations will include the local position, the foreign worker’s experience and qualifications, the corporate sector and any applicable collective bargaining agreements. Fragomen will contact affected employers and foreign nationals to consult on an appropriate salary level.
Background
Applications under the Entrepreneurs Act are favorable for highly qualified foreign workers since this category offers a streamlined application process. Under the former policy, as long as the applicant was highly qualified, the position was suitable for a highly qualified worker, and the salary was in line with collective bargaining agreements and the sectoral average, authorities would usually grant the application.
Looking ahead
Fragomen is consulting with responsible authorities to obtain confirmation on the above threshold and will keep clients informed of developments.
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 Isha Atassi discusses the impact of immigration policy changes on financial firms’ global mobility and workforce planning.

Blog post
Director Laxmi Limbani discusses strategies for securing talent in the UK space sector amid recent immigration reforms.

Blog post
This blog highlights the most significant immigration trends across both Europe and Asia Pacific (APAC) in 2025.

Video
In this video, Partner Jack Kim explains how Canada’s Express Entry system works.

Awards
Fragomen and Partner Julia Onslow-Cole are shortlisted for the FT Innovative Lawyers Europe 2025 Awards.

Media mentions
Associate Aisha Shahid highlights how upcoming UK immigration reforms may impact key sectors and urges businesses to prepare.

Awards
Partners Nadine Bahnan, Ruth Spillane and Karine Wenger are named to San Diego Business Journal’s 2025 Women of Influence in Law list.

Blog post
Business Immigration Manager Yvonne Lee and Assistant Business Immigration Manager Shirley Kock discuss bespoke services and residency planning options for private clients in the Asia-Pacific region.

Media mentions
Brazil Managing Partner Diana Quintas highlights the importance of understanding local laws and protections when LGBTQIA+ individuals consider emigrating.

Media mentions
Partner Aaron Blumberg explains how proposed student visa limits could create challenges and add administrative burdens for international students.

Podcast
David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.

Blog post
Partner Dan Schwarz and Senior Associate Mikhail (Mike) Izrailev provide an overview of the EB-5 visa program, highlighting its benefits and key considerations for potential investors.

Media mentions
Partner Isha Atassi discusses the impact of immigration policy changes on financial firms’ global mobility and workforce planning.

Blog post
Director Laxmi Limbani discusses strategies for securing talent in the UK space sector amid recent immigration reforms.

Blog post
This blog highlights the most significant immigration trends across both Europe and Asia Pacific (APAC) in 2025.

Video
In this video, Partner Jack Kim explains how Canada’s Express Entry system works.

Awards
Fragomen and Partner Julia Onslow-Cole are shortlisted for the FT Innovative Lawyers Europe 2025 Awards.

Media mentions
Associate Aisha Shahid highlights how upcoming UK immigration reforms may impact key sectors and urges businesses to prepare.

Awards
Partners Nadine Bahnan, Ruth Spillane and Karine Wenger are named to San Diego Business Journal’s 2025 Women of Influence in Law list.

Blog post
Business Immigration Manager Yvonne Lee and Assistant Business Immigration Manager Shirley Kock discuss bespoke services and residency planning options for private clients in the Asia-Pacific region.

Media mentions
Brazil Managing Partner Diana Quintas highlights the importance of understanding local laws and protections when LGBTQIA+ individuals consider emigrating.

Media mentions
Partner Aaron Blumberg explains how proposed student visa limits could create challenges and add administrative burdens for international students.

Podcast
David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.

Blog post
Partner Dan Schwarz and Senior Associate Mikhail (Mike) Izrailev provide an overview of the EB-5 visa program, highlighting its benefits and key considerations for potential investors.