GERMANY: New Employer Information Requirement for Third-Country Nationals
Effective January 1, 2026, employers in Germany must inform newly hired third-country nationals about the availability of free information and counseling on German labor and social law. This new obligation is set out in Section 45c of the German Residence Act and applies to employment relationships that begin on or after that date. The requirement is part of the nationwide "Fair Integration" initiative, which aims to help foreign workers better understand their rights, working conditions, and social security protections when starting employment in Germany.
Key Points
- New Legal Obligation for Employers: As of January 1, 2026, employers must provide specific information to certain newly hired third-country nationals. The requirement applies only to employment relationships commencing on or after that date.
- Connection to the Fair Integration Initiative: The obligation supports the "Fair Integration" program, which offers free guidance on labor law, fair working conditions, and social security. Support is available through an official website and local advice centers across Germany.
- Simple Method of Compliance: Employers must provide the information in text form, such as by email, onboarding materials, or an annex to employment documents. The information must be delivered no later than the employee's first day of work.
- Limited Scope of Application: The rule applies only to third-country nationals who sign a German employment contract, were residing abroad at the time of hiring, and start working in Germany on or after January 1, 2026. Several categories of workers are expressly excluded.
- Official Materials Available: The German government has published official multilingual information leaflets for employers and employees. Providing the official leaflet to the employee is sufficient to meet the legal requirement.
What U.S. Employers Should Know
- Relevance for Multinational Companies: U.S. employers with operations in Germany must ensure their local hiring practices comply with Section 45c of the German Residence Act. This includes U.S.-headquartered companies hiring foreign nationals into German entities.
- Impact on Global Mobility Programs: The requirement affects international hires relocating to Germany from abroad. Mobility and immigration teams should integrate this step into relocation and onboarding workflows.
- No Impact on EU or Certain Visa Categories: The obligation does not apply to EU nationals, employees already living in Germany at the time of hire, or temporary assignees working under foreign employment contracts. This distinction is important for workforce planning.
- Low Administrative Burden but Mandatory: While compliance is straightforward, failure to provide the information on time could expose employers to compliance risks. Documentation of compliance should be retained.
- Coordination With Local HR Teams: U.S. employers should coordinate closely with German HR or legal teams to ensure correct and timely delivery of the required information.
Looking Ahead
- Increased Focus on Worker Awareness: The new rule reflects a broader policy trend in Germany toward strengthening foreign workers' understanding of their rights. Similar informational obligations may expand in scope over time.
- Greater Regulatory Oversight: Authorities may increasingly expect employers to demonstrate proactive compliance with labor and immigration-related obligations. Recordkeeping will become more important.
- Standardization of Onboarding Practices: Employers may update onboarding materials to include standardized compliance disclosures. This could lead to more uniform onboarding processes across Germany.
- Potential Updates to Information Requirements: As Fair Integration resources evolve, employers may need to regularly update contact details and references. Ongoing monitoring of official guidance will be necessary.
- Integration Into Compliance Audits: Over time, this obligation may become part of routine employment or immigration audits. Early adoption of clear processes can reduce future risk.
Germany's new information requirement for newly hired third-country nationals represents a targeted but important compliance change for employers. By mandating that employers inform eligible foreign workers about free labor and social law counseling, the government aims to promote fair working conditions and better integration. While the obligation is limited in scope and easy to fulfill, employers—especially U.S.-based multinationals—should update onboarding processes and documentation now to ensure full compliance starting January 1, 2026.
GERMANY: EU Blue Card Minimum Salary Threshold Increased
The German government has announced an increase in the minimum salary thresholds required for the EU Blue Card, effective for all applications with an employment start date of January 1, 2026 or later. The adjustment raises the general salary requirement and also increases the reduced threshold that applies to certain shortage occupations, including IT professionals. These changes reflect updated wage benchmarks and will directly affect eligibility for highly skilled foreign workers seeking employment in Germany.
Key Points
- Higher General Salary Threshold: The standard Blue Card EU salary requirement has been increased to €50,700 per year, or €4,225 per month. This new threshold applies to all qualifying roles outside designated shortage occupations.
- Increased Threshold for Shortage Occupations: For IT professionals classified as a shortage occupation, the minimum salary has risen to €45,934.20 per year, or €3,827.85 per month. This lower threshold continues to recognize labor market needs in critical fields.
- Effective Date Clarified: The updated salary requirements apply to employment starting on or after January 1, 2026. Applications tied to earlier start dates are not subject to the new thresholds.
- Direct Impact on Eligibility: Applicants whose compensation falls below the new minimums will no longer qualify for the EU Blue Card. Salary structuring will be a decisive factor in approval.
- Alignment With Wage Trends: The increases align Blue Card eligibility with prevailing wage levels in Germany. This helps ensure that Blue Card holders are employed in genuinely highly skilled positions.
What U.S. Employers Should Know
- Relevance for Multinational Employers: U.S.-based companies with German entities must ensure that offers to foreign hires meet the new salary thresholds. This is particularly important for intra-company hiring and international recruitment.
- Impact on Hiring Budgets: Employers may need to adjust compensation packages to remain competitive and compliant. Budget planning for 2026 hires should account for the higher minimum salaries.
- IT Roles Still Benefit From Reduced Thresholds: While increased, the shortage occupation threshold remains lower than the general requirement. This preserves some flexibility for hiring skilled IT professionals.
- Timing of Employment Start Matters: The determining factor is the employment start date, not the application filing date. Employers should carefully coordinate start dates and payroll planning.
- Alternative Immigration Options: If salary requirements cannot be met, employers may need to explore other residence or work permit categories. Early assessment can prevent delays or rejections.
SOUTH KOREA: Heightened Security of D-8 and D-9 Visa Following Misuse Investigations
Key Points
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- Investigation into Visa Misuse: A Chinese aluminum manufacturing company operating in Gwangyang, Jeonnam, is under investigation for allegedly employing Chinese nationals illegally. Workers entered Korea under D-8-1 visas meant for managerial or specialist roles but were reportedly assigned to production-line work.
- Potential Legal Consequences: Authorities may impose deportation or criminal penalties on foreign workers involved in misuse. The employer may also face fines and other sanctions.
- Circumvention of Visa Rules Suspected: Industry observers believe the misuse may have been an attempt to avoid strict requirements for production-related visas such as the E-9. This has heightened government concern about abuse of investment and dispatch visa categories.
- Consular Rejections Despite Domestic Approval: In several recent cases, D-8 and D-9 visas approved by the Korean Immigration Office were later denied by overseas Korean consulates. Consular officials have been instructed to closely verify whether applicants truly qualify for manager-level status.
- Increased Focus on Dispatch Eligibility: These developments signal closer coordination between domestic immigration authorities and overseas posts. Approval at one stage no longer guarantees visa issuance abroad.
What U.S. Employers Need To Know
- Stricter Requirements for Dispatched Personnel: Applicants must now clearly demonstrate manager- or specialist-level qualifications. Employment or career certificates showing typically 3–5 years or more of relevant experience are increasingly required.
- Salary Transparency Is Essential: Salary
details must be explicitly stated in employment certificates or
dispatch orders. While there is no fixed salary threshold,
compensation must reasonably align with a managerial role.
- Longer Processing Times: Review periods have expanded to approximately 4–5 weeks, compared to the previous average of about 3 weeks. Employers should adjust assignment timelines accordingly.
- Higher Risk of Consular Review: Even if a visa is approved in Korea, overseas consulates may independently reassess eligibility. This adds an additional layer of risk for dispatch planning.
- Importance of Advance Planning: Given the heightened scrutiny, early review of eligibility and documentation can help reduce delays or denials. Employers should build extra time into mobility and project schedules.
Looking Ahead
- Continued Enforcement Focus: Korean immigration authorities are likely to maintain or further strengthen oversight of D-8 and D-9 visas. Future audits and investigations may expand beyond the manufacturing sector.
- Narrower Interpretation of Managerial Roles: Authorities may apply a more restrictive definition of what qualifies as a manager or specialist. This could reduce approval rates for borderline cases.
- Greater Role for Overseas Consulates: Consular offices are expected to play a more active role in verifying visa eligibility. Employers may see increased requests for supporting documentation.
- Compliance Expectations for Foreign Investors: Companies benefiting from investment incentives may face closer scrutiny to ensure compliance with employment and immigration commitments. Misalignment between stated and actual job duties could trigger penalties.
- Need for Ongoing Monitoring: Immigration policy and enforcement trends may continue to evolve. Regular updates and expert guidance will be critical for compliant assignments.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
