• Russia: Proposed List of Quota-Exempt Occupations Is Released for 2011; Employers Can Start to File Declarations of Need for 2012
  • January 17, 2011
  • Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
  • The Russian government has released a proposed list of occupations that, if implemented, would be exempt from work authorization quotas for 2011. Foreign nationals applying for or renewing work authorization for any of the designated positions would not be subject to Russia’s annual quotas, though employers would be required to give priority to Russian applicants for any of the listed positions.

    The occupations proposed for exemption from the 2011 quotas are listed below. It is not yet clear when this list will be finalized and implemented.

    1. General director of a joint stock company
    2. General director of a joint enterprise
    3. General director of an enterprise
    4. General director of general directorship
    5. General director of an inter-industry scientific venture
    6. General director of a production facility
    7. Senior principal engineer of a project
    8. Senior principal engineer (in industry)
    9. Director of the department
    10. Director (head) of a branch office
    11. Director of a plant
    12. Director of economic affairs
    13. Director of a factory
    14. Director (head, representative) of directorship
    15. Director (head, executive) of an enterprise
    16. Director of a firm
    17. Director of a joint stock company
    18. Director of a joint enterprise
    19. Deputy Chairman of the Board
    20. IT security engineer
    21. Engineer of automation and mechanization of production procedures
    22. Industrial engineer
    23. Engineer for production control system
    24. Engineer for automatic process control system
    25. Engineer for realization of new technology
    26. Quality engineer
    27. Setting and testing engineer
    28. Engineer for production management and control
    29. Pre-production engineer
    30. President of a consortium (consolidated group, corporation, etc.) (socio-economic entity)
    31. Chairman of the Board

    Employers Can Start to File Declarations of Need for 2012

    Russian employers may begin electronically filing declarations of their projected foreign worker needs for 2012. Failure to submit a declaration by May 1, 2011 could affect an employer’s ability to receive employment permits. In certain instances, the Russian immigration authorities have refused to process employment permits for employers who did not submit a declaration of need in the preceding year.

    The declaration form is initially filed online; paper copies of the declaration are then submitted to the territorial labor and employment service with jurisdiction over the company’s place of registration. For companies registered and located in Moscow, declarations are submitted to the Moscow Center of Labor Resources Exchange. The declaration form requests extensive information from the employer, including (but not limited to) a list of the positions the employer seeks to fill with foreign national workers; the number of foreign national workers the employer will seek to hire for each position; and the citizenship, education level, and salary of the potential workers. The form must be signed, stamped, and submitted in person by a company representative. Employers are advised to provide as much detail as possible in their declaration forms, because declarations of need are subject to extensive scrutiny by the Russian labor authorities.

    It is not yet clear whether a company whose need for foreign workers subsequently changes will be able to amend its declaration after May 1 and employ more foreign nationals in 2012 than originally stated on the form. In prior years, some amended declarations of need have been accepted later in the year, at the discretion of Russian authorities.

    In preparing this alert, Fragomen worked closely with VISTA Foreign Business Support (Moscow). The content herein is provided for informational purposes only.

    The content herein is provided for informational purposes only. To read more Fragomen Client Alerts please visit: http://www.fragomen.com.