Romania Proposes Changes to the Shortage Occupations List: Lower Thresholds and a 10-Day Fast Track for Employers

On 26 October 2026, Romania's Ministry of Labour, Family, Youth and Social Solidarity published a draft order amending Order No. 987/2026, the methodology used to build and update the national List of Shortage Occupations. The list matters to any employer that recruits non-EU workers on the D/AM2 route, because under GEO 32/2026 the occupation in the firm job offer must appear on the approved list.

The draft makes two practical changes. It halves the statistical thresholds an occupation must meet to qualify, from 10 to 5, and it introduces a fast-track review of employer requests to update the list, with an answer due within 10 calendar days of registration instead of the current 30 days.

The draft is in public consultation, with comments accepted until 30 October 2026. It has no legal effect yet, and it does not approve a new list. Employers should read it as a signal of direction, not as a change they can rely on today.

Why the shortage occupations list matters

GEO 32/2026, in force since 27 April 2026, added a second filter to Romania's system for admitting non-EU workers. Alongside the annual quota of 90,000 workers, D/AM2 permits are now tied to a list of occupations where national data shows employers cannot fill posts locally.

Order 987/2026 set out how that list is compiled and updated, and entered into force on 23 July 2026. The list itself was approved by Order No. 1073/2026, published in the Official Gazette on 6 August 2026. The list is meant to be updated every six months, or whenever needed.

D/AM1 permits for highly skilled workers do not depend on the list or the quota. The changes discussed below affect the D/AM2 route only.

Lower thresholds: from 10 to 5

The current methodology uses quantitative criteria, assessed nationally for each occupation, to decide whether it qualifies as being in shortage. The draft lowers three of them:

• Minimum number of active full-time employment contracts with foreign workers: from 10 to 5
• Minimum number of work permits (avize de angajare) issued in 2025: from 10 to 5
• Minimum number of active contracts with foreign workers for the six-monthly updates: from 10 to 5

These figures are national totals per occupation. They are not a minimum number of foreign workers that a single company must employ.

According to the explanatory note accompanying the draft, the aim is to capture shortages in low-volume occupations, such as specialised trades or regional roles where demand is small in number but economically significant. The ministry cites modelling by the National Scientific Research Institute for Labour and Social Protection showing that a threshold of 5 would cover 96.93% of vacancies in the scenarios assessed.

Meeting the thresholds does not guarantee inclusion. The other conditions in the methodology still apply.

A 10-day fast track for update requests

Employers can already ask the ministry to add an occupation outside the six-monthly cycle. Today the methodology allows 30 days to analyse and decide on such a proposal. The draft cuts this to 10 calendar days and sets out the sequence:

• The employer registers the request through the electronic platform
• Within one working day, the ministry requests the data it needs from ANOFM and, where relevant, from the Labour Inspectorate and the General Inspectorate for Immigration
• Those institutions reply within three working days
• The ministry completes its analysis, prepares a reasoned note, and informs the applicant within 10 calendar days of registration

If the outcome is favourable, the ministry then drafts the order updating the list and starts the legal consultation and approval steps. The 10-day period covers the analysis only. It is not a deadline for adding the occupation to the list or for publishing the new order in the Official Gazette.

Small employers and specialised roles

The draft states that a small number of requested posts cannot, on its own, be a reason to reject an update proposal. The ministry acknowledges that for a micro or small enterprise, one unfilled post can disrupt production, service delivery or contractual commitments.

The analysis of each request must take into account:

• Real recruitment difficulties
• Labour availability at national and county level
• How urgently the posts need to be filled
• The economic impact of delaying recruitment
• Effects on micro and small enterprises, where relevant

Employers still have to show that the shortage exists. What changes is that a small headcount is no longer a reason to dismiss the request.

What the draft does not change: the D/AM2 suspension

The draft amends the methodology. It does not approve a new list, and it does not reopen D/AM2 procedures.

On 11 September 2026, the Bucharest Court of Appeal suspended Order 1073/2026 in a case brought by the Employers' Association of Labour Importers. Following the ruling, the WorkinRomania platform disabled the affected flows, and employers have been unable to complete D/AM2 registration, authorisation and single applications. The Ministry of Labour has said it will appeal.

Restarting D/AM2 filings will require separate administrative and legal measures. Until those are in place, employers planning non-EU hiring should confirm the status of each procedure before starting a file, and consider whether a role qualifies for D/AM1 instead.

What employers can do now

Even while the draft is in consultation, employers with recurring non-EU hiring needs can prepare the evidence a future update request will need:

• Identify the correct COR codes for each role, since an internal job title often does not match the COR occupation
• Record current vacancies and how long they have been open
• Document local recruitment efforts and why they failed
• Quantify the cost of leaving posts unfilled, such as delayed contracts or lost production

Employers who want to comment on the draft can submit observations to the ministry until 30 October 2026.

How Nestlers Group Supports Employers Hiring Non-EU Workers

Nestlers Group's Immigration Advisory team tracks the shortage occupations list, the court proceedings around Order 1073/2026 and the status of the WorkinRomania platform, and advises employers on which route fits each role. That includes checking COR classification, assessing whether a profile qualifies for D/AM1, and building the evidence file to support a request to add an occupation to the list.

Our Work Permit and Visa Support team manages D/AM1 and D/AM2 applications through WorkinRomania.gov.ro, from employer registration and ANOFM authorisation to the single application and permit collection, and resumes suspended D/AM2 files as soon as the platform flows reopen. For employers without a Romanian entity, our Employer of Record service acts as the legal employer, handling contracts, payroll and work authorisation.

Sources: Draft order amending Order No. 987/2026 on the methodology for establishing and updating the List of Shortage Occupations, Ministry of Labour, Family, Youth and Social Solidarity public consultation, October 2026; Order No. 987/2026 (Official Gazette, in force 23 July 2026); Order No. 1073/2026 approving the List of Shortage Occupations (Official Gazette, 6 August 2026); Government Emergency Ordinance No. 32/2026 (Official Gazette No. 335, 27 April 2026); Government Decision on the 2026 annual quota of 90,000 workers; WorkinRomania.gov.ro platform documentation; Bucharest Court of Appeal ruling of 11 September 2026.