Switzerland’s Federal Initiative “Against Mass Immigration”: How is it being implemented?
September 5, 2018

Country / Territory
Related offices
Related content
Related offices
Related content
Related offices
Related content
By: Cesare Annecchiarico
On 9 February 2014, the people of Switzerland voted in favour of the federal popular initiative "against mass immigration" with 50.3%. How will the initiative be implemented?
With the acceptance of the “against mass immigration” initiative, the Federal Council and Parliament of Switzerland were obliged to introduce a new immigration system within three years, which, on the one hand, enables Switzerland to implement an instrument for managing immigration, taking into account macroeconomic interests and giving priority to Swiss nationals. It must also be noted that the new article in the Federal Constitution does not contradict the Agreement on the Free Movement of Persons (FZA) and the bilateral treaties with the European Union.
Several draft laws were submitted to Parliament on 4 March 2016. In addition, the Federal Council noted that the constitutional provisions on immigration would be implemented, but that an amicable solution would also be sought with the European Union. For this reason, the Federal Department of Justice and the Federal Department of Foreign Affairs held intensive discussions with representatives of the European Union until the summer of 2016. However, the Brexit referendum quickly made it clear that no common solution would be found with the European Union.
Nonetheless, on 21 September 2016, the National Council enacted the so-called "Inländervorrang light" (“search proof light”), which was later confirmed by the Council of State. The implementation of the “Inländervorrang light” was passed on 8 December 2017.
In concrete terms, the new law will introduce a job reporting obligation in those professions in which unemployment exceeds a certain threshold. As of 1 July 2018, a threshold value of 8% applies and as of 1 January 2020, a threshold value of 5% will apply. SECO (State Secretariat for Economic Affairs) published a list of professions with high unemployment rates on 30 April 2018.
What does the introduction of “Inländervorrang light” mean for employers?
As a consequence of “Inländervorrang light”, employers must report all jobs in professions where the unemployment rate reaches or exceeds the noted threshold to the Regional Employment Agency Centre (RAV) and publish them on their homepage for at least five days before the actual publication. The RAV must then notify the employer of suitable dossiers within three days. As a result, the employer must invite suitable job seekers to an interview or at least conduct an aptitude test and inform the RAV whether they will be hired. A refusal of the applicant does not have to be justified with the RAV.
Are there exceptions?
The federal government has also defined exceptions in the implementation of the new legislation. If jobs are filled by people registered with the RAV, they do not have to be reported. Additionally, jobs do not have to be reported if:
- Positions within a company are filled by persons who have been employed for at least six months
- The maximum duration of employment is 14 days
- Positions within a company are filled by persons who are related to authorised signatories in the company by marriage or registered partnership or are related by marriage or as an in-law or related by marriage in a straight line or are first degree relatives
Country / Territory
Related offices
Related content
Related offices
Related content
Related offices
Related content
Explore more at Fragomen
Podcast
In this episode of The Immigration Conversation, Partner Chad Blocker, Senior Counsel Mitchell Wexler and Associate Alex Kim discuss what prospective EB-5 applicants should know now, including source-of-funds documentation, project selection, concurrent filing, retrogression and upcoming program deadlines.
Blog post
In this blog, Partner Jo Antoons and Senior Manager Marina Ocariz discuss the EU’s provisional agreement on revised social security coordination rules and what employers should know about the expected changes to A1 certificate requirements, posted worker rules and short-term cross-border work compliance.
Blog post
In this blog, Partner Rahul Soni explains the EB-5 grandfathering provisions under the EB-5 Reform and Integrity Act of 2022 and why prospective investors should consider filing before the September 30, 2026 deadline to help preserve statutory protections and reduce exposure to future program uncertainty.
Video
In this video, Practice Leader Kate Praphakornphiphat explains the key requirements, documents, fees and processing time for a Thailand tourist visa, as well as stay duration and extension options for short-term travel.
Fragomen news
Fragomen and Talent Beyond Boundaries announce that they will jointly serve as co-chairs of the Global Task Force on Refugee Labour Mobility for a two-year term beginning in June 2026.
Blog post
In this blog, Manager Gillian Gibbons and Immigration Consultants Gemma Oliver and Larna Kate Hadfield examine how Barnsley’s designation as the UK’s first government-backed Tech Town reflects wider AI and digital growth across the North of England, and why immigration strategy will be critical for employers seeking to access the global talent needed to support regional innovation.
Media mentions
In this Hong Kong Business article, Managing Director Magdalene Tennant discusses Hong Kong’s recent decision to allow employment and dependent visa renewal applications to be filed up to three months before expiry, a change intended to reduce the risk of work disruptions and provide employers with greater flexibility in managing foreign talent.
Media mentions
In this article published by Professional Engineering, Senior Manager Nadine Barnole examines how UK engineering employers can continue to access international talent amid growing skills shortages and a rapidly evolving immigration landscape.
Media mentions
In this Times Brasil CNBC Real Tech interview, Partner Diana Quintas discusses Brazil’s recent visa exemption for Chinese nationals, what it signals for Brazil-China mobility and how technology is helping support more efficient cross-border movement.
Podcast
In this episode of The Immigration Conversation, Business Immigration Manager Ayana Ibrahimi is joined by Lara Dyer, Chief Solutions Officer (Americas) at Talent Beyond Boundaries; Stuart Szabo, CEO and Co-founder of Beacon; and Jessica Turner, Co-founder and CEO of ThriveON, to discuss refugee labour mobility and employment-based pathways for displaced talent.
Video
In this Mobility Minute, Manager Maja Sugui provides an overview of key visa and compliance considerations for business travelers planning trips to China.
Media mentions
In this profile published in Michigan Law’s Law Quadrangle, Counsel Christopher Wendt discusses the role of immigration in supporting the US healthcare workforce and expanding access to civil legal aid in Minnesota.
Podcast
In this episode of The Immigration Conversation, Partner Chad Blocker, Senior Counsel Mitchell Wexler and Associate Alex Kim discuss what prospective EB-5 applicants should know now, including source-of-funds documentation, project selection, concurrent filing, retrogression and upcoming program deadlines.
Blog post
In this blog, Partner Jo Antoons and Senior Manager Marina Ocariz discuss the EU’s provisional agreement on revised social security coordination rules and what employers should know about the expected changes to A1 certificate requirements, posted worker rules and short-term cross-border work compliance.
Blog post
In this blog, Partner Rahul Soni explains the EB-5 grandfathering provisions under the EB-5 Reform and Integrity Act of 2022 and why prospective investors should consider filing before the September 30, 2026 deadline to help preserve statutory protections and reduce exposure to future program uncertainty.
Video
In this video, Practice Leader Kate Praphakornphiphat explains the key requirements, documents, fees and processing time for a Thailand tourist visa, as well as stay duration and extension options for short-term travel.
Fragomen news
Fragomen and Talent Beyond Boundaries announce that they will jointly serve as co-chairs of the Global Task Force on Refugee Labour Mobility for a two-year term beginning in June 2026.
Blog post
In this blog, Manager Gillian Gibbons and Immigration Consultants Gemma Oliver and Larna Kate Hadfield examine how Barnsley’s designation as the UK’s first government-backed Tech Town reflects wider AI and digital growth across the North of England, and why immigration strategy will be critical for employers seeking to access the global talent needed to support regional innovation.
Media mentions
In this Hong Kong Business article, Managing Director Magdalene Tennant discusses Hong Kong’s recent decision to allow employment and dependent visa renewal applications to be filed up to three months before expiry, a change intended to reduce the risk of work disruptions and provide employers with greater flexibility in managing foreign talent.
Media mentions
In this article published by Professional Engineering, Senior Manager Nadine Barnole examines how UK engineering employers can continue to access international talent amid growing skills shortages and a rapidly evolving immigration landscape.
Media mentions
In this Times Brasil CNBC Real Tech interview, Partner Diana Quintas discusses Brazil’s recent visa exemption for Chinese nationals, what it signals for Brazil-China mobility and how technology is helping support more efficient cross-border movement.
Podcast
In this episode of The Immigration Conversation, Business Immigration Manager Ayana Ibrahimi is joined by Lara Dyer, Chief Solutions Officer (Americas) at Talent Beyond Boundaries; Stuart Szabo, CEO and Co-founder of Beacon; and Jessica Turner, Co-founder and CEO of ThriveON, to discuss refugee labour mobility and employment-based pathways for displaced talent.
Video
In this Mobility Minute, Manager Maja Sugui provides an overview of key visa and compliance considerations for business travelers planning trips to China.
Media mentions
In this profile published in Michigan Law’s Law Quadrangle, Counsel Christopher Wendt discusses the role of immigration in supporting the US healthcare workforce and expanding access to civil legal aid in Minnesota.
