- Job Advertisement Exemptions Eliminated
- October 4, 2016
- Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
- Effective immediately, employees holding specialist or rotational positions are no longer eligible for an exemption from the job advertisement requirement for Employment Pass (EP) applications filed at the Central Immigration Department of Kuching, Sarawak. Therefore, employers filing any EP applications in Kuching, Sarawak, must post a job advertisement on the Malaysia government’s electronic portal.
EP applications for jobs lasting three or more months that are referred to the Immigration Department in Kuching by the Immigration Departments in Miri and Bintulu are also subject to the job advertisement requirement.
Job Advertisement Instructions
The job advertisement must be posted on the Malaysia government’s jobs electronic portal, called ‘Jobs Malaysia’. The advertisement must run for 21 consecutive days before an employer can apply for an EP application.
Background on Exemptions
Specialist or rotational workers, as well as company shareholders, have been exempt from the job advertisement requirement since it was implemented in November 2015. Following the moratorium imposed by Sarawak Immigration Department in August 2016 on all EP applications, which has now been lifted, the Department has confirmed that the job advertisement requirement will now apply for all positions, without exception or exemption.
Professional Visit Pass applications filed with the Immigration Department in Kuching will, however, continue to be exempt from the job advertisement requirement.
What This Means for Employers and Foreign Nationals
Employers seeking to submit EP applications to the Immigration Department in Kuching must ensure that the position is first advertised on the electronic portal. Employers should expect delays in the overall processing time of EP applications as a result of this additional step.