.svg)
In some skilled migration cases, employers may apply under one visa regulation, only to receive pre-approval under another. When degree qualifications and job roles don’t fully align, the Federal Employment Agency may issue a different visa category. The final determination, however, rests with the embassy—without the need to restart the pre-approval process.
The Question
The Answer
The embassy holds the authority to decide between the EU Blue Card (18g) and Skilled Worker (18b) routes. HR teams don’t need to contact the Federal Employment Agency again—the final decision rests with the embassy and immigration authorities.
Context & Background
Employers sponsoring international talent under Germany’s skilled migration framework often submit pre-approval requests to the Federal Employment Agency. These requests specify the intended visa category—such as Article 18b for Skilled Workers or Article 18g for EU Blue Cards. Sometimes, the agency may choose a different category than the one requested, especially if the talent's academic qualifications do not perfectly align with the proposed job role.
The Challenge
An employer applied for pre-approval under Article 18b for a candidate whose degree was unrelated to their professional role. The agency, identifying this mismatch, issued the pre-approval under Article 18g instead and informed the employer that the embassy would review and make the final visa category decision. This created uncertainty for the employer—should they request the agency to revise their pre-approval, or wait for the embassy’s decision?
Applicable Regulation:
Under Germany’s Migration Act, the Federal Employment Agency is responsible for assessing whether a visa application meets the requirements for skilled employment or EU Blue Card issuance. Article 18b (Skilled Worker) requires a relevant professional qualification, while Article 18g (EU Blue Card) requires a higher education degree and salary thresholds. If there is a perceived mismatch, the agency may still issue pre-approval under an alternative article, leaving final discretion to the embassy.
Detailed Explanation / The Outcome
In this scenario, the employer did not need to return to the Federal Employment Agency to amend the pre-approval. The embassy and immigration authorities have the mandate to determine the appropriate visa type during the final review and can issue the visa as a Skilled Worker or EU Blue Card depending on how they interpret the degree-job match.
Employer or Talent Steps
- Submit the pre-approval application with all supporting documents, specifying the intended visa category.
- If the agency issues a different visa category, note this in internal relocation records.
- Prepare the talent for possible embassy questions about qualification-job alignment.
- Allow the embassy to make the final determination without reapplying for pre-approval.
Key Learnings / Takeaways
- A mismatch between degree and job role can lead to a different visa category being issued at the pre-approval stage.
- Employers do not need to reapply for pre-approval if the category differs from their original application.
- Final visa category decisions rest with the embassy, not the Federal Employment Agency.
- Clear documentation and preparation can help manage expectations when category changes occur.
This covers the following use cases:
- Can the embassy change a pre-approval visa decision between Skilled Worker (18b) and EU Blue Card (18g)?
- What determines whether a talent is eligible for the EU Blue Card or Skilled Worker visa in Germany?
- Does the Federal Employment Agency need to be re-contacted if the embassy changes visa category eligibility?
- What are the main differences between the EU Blue Card and Skilled Worker visa regarding qualifications and job match?
- How does the embassy assess qualification mismatch cases for visa pre-approval categories?
- Can an embassy request a new visa pre-approval if they think a different visa type fits better?
- Which visa does the embassy have final authority on in cases of degree and job mismatch?
- How do salary thresholds affect EU Blue Card vs Skilled Worker visa decisions by immigration authorities?
- What role does the Federal Employment Agency play in pre-approvals for 18b and 18g visa categories?
- How should HR teams handle cases where visa pre-approval is issued under a different category than requested?
.png)
.svg)
