Switzerland has quietly enacted one of the most far-reaching liberalisations of its labour-migration regime in years. On 4 February 2026 the State Secretariat for Migration (SEM) circulated new guidance to the cantonal authorities explaining how they must implement an October 2025 Federal Supreme Court judgment on Article 38(2) of the Foreign Nationals and Integration Act (FNIA). Until now, many cantons annotated B residence permits issued to third-country nationals with conditions that effectively locked the holder to the sponsoring employer. Changing jobs meant submitting a fresh labour-market test and waiting weeks—sometimes months—for approval.
The Court found that practice unlawful: once a non-EU national has obtained a B permit for gainful employment, professional mobility may no longer be curtailed under Article 33(2) FNIA. The SEM has confirmed that cantons must stop attaching employer-binding clauses when granting or renewing B permits and must remove existing restrictions at the next renewal.
![Swiss Federal Court Ruling Removes Job-Change Restrictions for Non-EU B-Permit Holders]()
For companies and individuals seeking practical assistance in navigating the updated rules, VisaHQ offers streamlined support for Swiss permits and visas through its online portal (https://www.visahq.com/switzerland/). The platform provides real-time guidance on documentation, quota availability and application timelines, helping HR teams and foreign nationals adapt quickly to the new, more flexible regime.
For employers this creates a genuinely competitive talent market. Intra-company transfers, start-up hiring and industry moves will no longer trigger a new quota application, saving time and legal fees. Global mobility teams should, however, note two caveats. First, the ruling does not abolish quotas for initial B-permit issuance; the annual ceiling of 4,500 B and 4,000 L permits for third-country nationals remains. Second, cantons may still impose conditions unrelated to professional mobility—such as geographic residence or mandatory language training—so HR should continue to review permit annotations closely.
Practically, companies should audit their foreign-national workforce and identify employees whose permits still carry employer-binding clauses. These staff can now accept internal promotions or external offers without prior authorisation, but payroll and reporting systems must be updated to avoid inadvertent non-compliance. Multinationals that struggled to lure specialists away from rivals because of permit red tape may find the Swiss labour market more fluid—and more competitive—overnight.
The Court found that practice unlawful: once a non-EU national has obtained a B permit for gainful employment, professional mobility may no longer be curtailed under Article 33(2) FNIA. The SEM has confirmed that cantons must stop attaching employer-binding clauses when granting or renewing B permits and must remove existing restrictions at the next renewal.
For companies and individuals seeking practical assistance in navigating the updated rules, VisaHQ offers streamlined support for Swiss permits and visas through its online portal (https://www.visahq.com/switzerland/). The platform provides real-time guidance on documentation, quota availability and application timelines, helping HR teams and foreign nationals adapt quickly to the new, more flexible regime.
For employers this creates a genuinely competitive talent market. Intra-company transfers, start-up hiring and industry moves will no longer trigger a new quota application, saving time and legal fees. Global mobility teams should, however, note two caveats. First, the ruling does not abolish quotas for initial B-permit issuance; the annual ceiling of 4,500 B and 4,000 L permits for third-country nationals remains. Second, cantons may still impose conditions unrelated to professional mobility—such as geographic residence or mandatory language training—so HR should continue to review permit annotations closely.
Practically, companies should audit their foreign-national workforce and identify employees whose permits still carry employer-binding clauses. These staff can now accept internal promotions or external offers without prior authorisation, but payroll and reporting systems must be updated to avoid inadvertent non-compliance. Multinationals that struggled to lure specialists away from rivals because of permit red tape may find the Swiss labour market more fluid—and more competitive—overnight.
