Foreigners (Non EU/EFTA) graduated from a Swiss university : quotas' removal ?

On 27 October 2021, the Federal Council put to consultation a bill aimed at removing quotas for applications for work permits from foreign nationals (outside the EU/EFTA), if they have graduated from a Swiss university and if the activity is of major scientific or economic interest. This was the "Dobler" motion. However, the Council of States decided to postpone the bill during the session of 19.12.2023. An exemption from the quotas for non-EU/EFTA nationals with a degree from a Swiss university would create a new category of foreigners and raise a constitutional problem. The quotas will therefore remain in force.

What does a quota mean ? A quota is a maximum annual number of permits (short-term “L” and stay “B”). They are allocated by the Confederation to each canton. The quotas allocated to certain cantons during the current calendar year (2025) are as follows :

• Vaud: 182 L permits and 114 B permits;

• Geneva: 148 L permits and 92 B permits;

• Fribourg: 58 L permits and 36 B permits;

• Valais: 70 L permits and 44 B permits;

• Neuchâtel: 41 L permits and 26 B permits;

• Bern: 232 L permits and 145 B permits;

• Zurich: 399 L permits and 249 B permits.

The change in the law would mean that work permit applications from graduates of Swiss universities would no longer be submit to a limited number of permits.

What type of studies ? It applies to graduated students in science, but not only. Graduates of natural, social and human sciences can also claim easier access to the labour market.

When is an activity considered to be of overriding economic interest ? If there is a clear need for workforce (shortage of specialists) in the field of activity corresponding to the training and the course of study is highly specialised and in line with the position offered.

What is meant by a Swiss university ? These include universities of higher education, cantonal universities, Swiss Federal Institute of Technology (“EPF” in French), universities of applied sciences (i.e. HES and HEP) and university institutions eligible for grants (e.g. the Swiss Federal Laboratories for Materials Science and Technology “LFEM” in French, the Paul Scherrer Institute “IPS” in French and the Swiss Federal Institute of Aquatic Science and Technology “EAWAG”).

Which diplomas would qualify for facilitated access ?

A Bachelor's degree, a Master's degree, a Doctorate and a Master of Advanced Studies (MAS).

Please note that a Certificate of Advanced Studies (CAS), training followed while working, is not considered a diploma from a Swiss university.

Proposed legislative amendment

It is important to note that since 1 January 2011, non-EU/EFTA citizens with a degree from a Swiss university can have easier access to the labour market. This is subject to certain conditions. The cantonal authorities can be more flexible in applying the principle of national order of priority. As a result, the mere possession of a Swiss diploma does not exempt prospective employers from the obligation to look for the right candidates in Switzerland and for EU and EFTA citizens living in the EU/EFTA area.

The new legislative amendment would further open up access to the labour market for this category of foreigners.

In addition, the proposed amendment to the is a response to the “Dobler” motion, which is based on the fact that non-EU/EFTA nationals educated in Switzerland leave the country because they have been unable to be recruited due to exhausted quotas. The motion’s author considers this to be a loss for the Swiss labour market, particularly due to the shortage of specialists. This situation should be avoided particularly in the fields of MINT (mathematics, computer science, natural sciences and technology) and medicine.

The consultation procedure for the bill ran until 10 February 2022.

Compliance with other conditions

Applications for work permits for non-EU/EFTA citizens graduated from a Swiss university continue to be subject to compliance with other conditions, even if the amendement to the law has taken place.

Employer must :

• Demonstrate the existence of an overriding economic or scientific interest;

• Respect the principle of national order of priority (a more flexible application of this principle is to be discussed with the competent cantonal authorities and depends on the specific case);

• Respect the wage and working conditions customary in the canton, profession and sector (salary calculator/collective agreement);

• Demonstrate that there is a perfect match between the job description, the Swiss diploma and the CV of the non-EU/EFTA citizen.

If the foreigner national graduated from a Swiss university wishes to become self-employed (e.g. by setting up a start-up), it is necessary to :

• Prove that the financial conditions and requirements for running the business have been met (business plan);

• Demonstrate a sufficient and self-sustaining source of revenue;

This may be a situation in which seeking specialized legal advice would be helpful to both the candidate and the employer.

Fiorella Fernandez Deshogues