The regulation regarding the employment of foreigners is governed by the Skilled Workers Immigration Act (FEG). The FEG is not an article law, but contains a number of different legal changes that affect, among other things, the Residence Act (AufenthG), the Employment Ordinance (BeschV) and the Residence Ordinance (AufenthV).
In order to increase skilled labour immigration, the FEG was modernised in 2023. This is based on three pillars:
Skilled worker pillar: Prerequisites for this are, in addition to the recognised qualification in Germany, an employment contract and employment conditions equivalent to those of nationals. In principle, a recognised qualification entitles the holder to any qualified employment in non-regulated (not legally protected) occupations.
Experience Pillar: Possibility of gainful employment without a qualification recognised in Germany in non-regulated occupations. The prerequisite for this is at least two years of professional experience in the occupation to be pursued. In addition, a vocational or university degree recognised by the state in the country in which it was obtained is required. The salary threshold for this is set at 45% of the income threshold.
Potential Pillar: Easier job search conditions for third-country nationals with good potential. This is made possible by the opportunity card, which is based on a transparent points system. The selection criteria include qualification, language skills, professional experience, reference to Germany as well as age.