Important Updates
Important Updates
August 21, 2025 | United StatesFragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™
August 22, 2025 | JordanJordan: Vietnamese Nationals Can Now Obtain E-Visas, Visas-on-Arrival
August 22, 2025 | New ZealandNew Zealand: New Parent Boost Visitor Visa Forthcoming
August 22, 2025 | United StatesPartners Molly Carey and Catherine Macris Named 2025 New England Legal Awards Finalists
August 22, 2025 | United StatesThe Advocate: Navigating the Complexities of Business Immigration Law
August 21, 2025 | United StatesFragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™
August 22, 2025 | JordanJordan: Vietnamese Nationals Can Now Obtain E-Visas, Visas-on-Arrival
August 22, 2025 | New ZealandNew Zealand: New Parent Boost Visitor Visa Forthcoming
August 22, 2025 | United StatesPartners Molly Carey and Catherine Macris Named 2025 New England Legal Awards Finalists
August 22, 2025 | United StatesThe Advocate: Navigating the Complexities of Business Immigration Law
August 21, 2025 | United StatesFragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

South Africa: New Bill to Introduce Quotas for Foreign Workers

March 3, 2022

insight-news-default

Country / Territory

  • South AfricaSouth Africa

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • South African authorities have published a draft National Labour Migration Policy and Employment Services Bill aimed at, among other goals, introducing quotas for foreign nationals working in the country. 
  • Once the bill becomes law, it will empower the responsible Minister to determine quotas for the employment of foreign nationals in one or more economic sectors, occupational categories, nationally or even regionally in a sector.  
  • The public is now invited to participate in the consultation process, which will end on May 31, 2022. 

The situation

The South African authorities have published a bill aimed at introducing quotas for foreign nationals working in the country. The public consultation process is now open and ends on May 31, 2022. 

A closer look

  • Employment of foreign nationals. Under the bill, foreign nationals would only be permitted to work in South Africa if they have the appropriate work visa, have an asylum seeker permit endorsed with the right to work or if they are permitted to work according to an international agreement. This portion of the bill is aimed at restricting employment of foreign nationals to those holding recognized types of work authorizations. 
  • Quotas for employment of foreign nationals. The Minister responsible for labour and employment will be empowered to set up quotas for the employment of foreign nationals in one or more sectors, occupational categories, nationally or even regionally in a sector. In determining quotas, the Minister will consider the availability of skills among South African citizens, permanent residents and refugees. 
    • Determination of quotas. Before implementing the quotas applicable for a sector, region or position, the Minister of Labour and Employment may issue a notice to employers subject to quotas. Employers will have 30 days to comment on the impact of the quota on their operations.  
  • Skill transfer plan. Employers employing foreign nationals must ensure that they prepare a skills transfer plan for all foreign nationals. Currently, a skills transfer plan applies only to foreign nationals entering the country under Intra-Company Transfer Visas. Through the proposed bill, this would apply to all foreign nationals seeking work authorization. 
  • Labor market test. The bill outlines that employers must ensure that there are no locals qualified to take over the position by conducting a labor market test, as the current immigration law requires for a general work visa option. 
  • Documentation. The bill emphasizes that employers must maintain records of lawful employment of foreign nationals for workplace audits, as is already required by the current immigration law. Employers who fail to comply with documentation obligations may face fines. 
  • Public consultation. The public is now invited to participate in the consultation process, which will end on May 31, 2022. Fragomen can assist employers and individuals in submitting input. 

Impact on foreign nationals

Once the bill has become law, foreign nationals may face an additional administrative hurdle to the work authorization process since they may be subject to a quota within their sector, occupation, or based on the region in which they work. 

Impact on employers

Employers will have to comply with quotas in order to ensure that locals have access to job opportunities once the bill becomes law. Those failing to comply may face fines. 

Background

The draft National Labour Migration Policy and Employment Services Bill is intended to ensure that locals have access to economic opportunities, following high unemployment rates during COVID-19 pandemic.  Foreign worker quotas are expected to be imposed in sectors, occupations and regions where the employment of more foreign nationals is found to be concentrated.  

Through the adoption of quotas, South Africa will align with other African countries that use quotas, such as Mauritania and the Democratic Republic of Congo. 

Looking ahead

The input obtained during the consultation process will be included in a final bill to be debated and passed by the parliament and then signed into law by the head of state. The process to develop regulations for implementing the law will be followed by its implementation date, which will at a date to be announced later.

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]. 

Country / Territory

  • South AfricaSouth Africa

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

Navigating Business Travel in Germany: Essential Insights | #MobilityMinute

Senior Associate Isabel Schnitzler discusses how to navigate business travel in Germany.

Learn more

Awards

Partners Molly Carey and Catherine Macris Named 2025 New England Legal Awards Finalists

Partners Molly Carey and Catherine Macris are finalists for the 2025 New England Legal Awards in the Partner of the Year and Regional Managing Partner of the Year categories.

Learn more

Media mentions

The Advocate: Navigating the Complexities of Business Immigration Law

Matawan Managing Partner Rahul Shah reflects on his path in immigration law and shares his perspective on global mobility.

Learn more

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™

The 2026 edition of The Best Lawyers in America™ honors numerous Fragomen attorneys for excellence in immigration law, including Partner Sarah K. Peterson, who received the distinguished “Lawyer of the Year” award.

Learn more

Video

Greek Citizenship by Descent: Are You Eligible?

In this video, Senior Manager Ben Morgan offers a comprehensive overview of Greek citizenship by descent—a key pathway for individuals with Greek ancestry to obtain citizenship.

Learn more

Blog post

Start Smart: Visa Pathways for Educational Opportunities in Thailand

Partner Aim-on Larpisal and Senior Knowledge Management Specialist outline key visa options available to international students seeking to study in Thailand, emphasizing strategic planning for a smooth application process.

Learn more

Fragomen news

Partner Charles Johanes contributes to Global Mobility Lawyer’s Guide to Global Immigration

Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.

Learn more

Media mentions

Pittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers

Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

Learn more

Blog post

From Ground Staff to Game Day: UK Skilled Worker Visa Changes in 2025 and the Impact on the Hidden Workforce in Sports Sector

Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Learn more

Blog post

Talent & Policy: Navigating Career Beginnings and Hiring Challenges in Singapore

Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Learn more

Blog post

Global Mobility Support and Visa Services: Fragomen’s Outbound Solutions from Germany

Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Learn more

Blog post

Lifting the Curtain: Saudi Arabia Demands Full Disclosure of Real Company Owners

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Learn more

Video

Navigating Business Travel in Germany: Essential Insights | #MobilityMinute

Senior Associate Isabel Schnitzler discusses how to navigate business travel in Germany.

Learn more

Awards

Partners Molly Carey and Catherine Macris Named 2025 New England Legal Awards Finalists

Partners Molly Carey and Catherine Macris are finalists for the 2025 New England Legal Awards in the Partner of the Year and Regional Managing Partner of the Year categories.

Learn more

Media mentions

The Advocate: Navigating the Complexities of Business Immigration Law

Matawan Managing Partner Rahul Shah reflects on his path in immigration law and shares his perspective on global mobility.

Learn more

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™

The 2026 edition of The Best Lawyers in America™ honors numerous Fragomen attorneys for excellence in immigration law, including Partner Sarah K. Peterson, who received the distinguished “Lawyer of the Year” award.

Learn more

Video

Greek Citizenship by Descent: Are You Eligible?

In this video, Senior Manager Ben Morgan offers a comprehensive overview of Greek citizenship by descent—a key pathway for individuals with Greek ancestry to obtain citizenship.

Learn more

Blog post

Start Smart: Visa Pathways for Educational Opportunities in Thailand

Partner Aim-on Larpisal and Senior Knowledge Management Specialist outline key visa options available to international students seeking to study in Thailand, emphasizing strategic planning for a smooth application process.

Learn more

Fragomen news

Partner Charles Johanes contributes to Global Mobility Lawyer’s Guide to Global Immigration

Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.

Learn more

Media mentions

Pittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers

Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

Learn more

Blog post

From Ground Staff to Game Day: UK Skilled Worker Visa Changes in 2025 and the Impact on the Hidden Workforce in Sports Sector

Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Learn more

Blog post

Talent & Policy: Navigating Career Beginnings and Hiring Challenges in Singapore

Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Learn more

Blog post

Global Mobility Support and Visa Services: Fragomen’s Outbound Solutions from Germany

Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Learn more

Blog post

Lifting the Curtain: Saudi Arabia Demands Full Disclosure of Real Company Owners

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.