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French Authorities Increase Scrutiny on Labor Permits

June 15, 2011— French labor authorities are increasing their scrutiny of work permit and change of status applications to ensure that foreign beneficiaries are qualified for open positions and employers comply with labor and immigration requirements, following recent guidance from the Ministry of the Interior that is intended to reduce the number of foreign workers in France. The increased scrutiny is not expected to affect permit applications for intracompany transferees or foreign nationals seconded to France, which receive preferential treatment and generally do not require a labor market test. However, processing times for all work permit categories are expected to increase.

As part of the heightened scrutiny, labor authorities are making greater efforts to confirm the existence of employers that petition for work permits and verify their past compliance with labor, social security and immigration regulations. Authorities are also more strictly enforcing labor market test requirements. Employers are now expected to advertise open positions for two to three months, rather than the two to three weeks previously required. In addition, labor authorities will analyze the credentials of foreign beneficiaries in order to determine whether they are qualified for advertised positions.

Employers will also be expected to better demonstrate that prospective foreign workers will receive adequate compensation pursuant to the appropriate collective bargaining agreements and minimum salary laws, have adequate knowledge of the French language, and will be provided adequate housing.

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