- 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.