The Certification under article 44 of Decree-Law 73/2022: an essential document also for the EU Blue Card

The certification introduced by Article 44 of Decree-Law 73/2022 now represents a fundamental step in the procedures for the entry into Italy of foreign workers coming from abroad. The provision established a system of prior verification connected to the application for work authorization (nulla osta al lavoro), with the aim of speeding up administrative processing times while, at the same time, strengthening checks on the financial reliability of prospective sponsoring employers.

The role of professionals and economic requirements

The verification is no longer carried out directly by the public administration but is entrusted exclusively to qualified professionals (labor consultants, chartered accountants, accounting experts, and lawyers with specific authorization). They must certify:

• compliance with the applicable National Collective Labor Agreement (CCNL);

• consistency between the number of requested hires and the company’s organizational structure;

• the employer’s financial capacity to meet the salary and social security obligations related to the proposed employment.

According to clarifications provided by the Ispettorato Nazionale del Lavoro, it is necessary to verify, for each worker to be hired, a taxable income or gross annual turnover of no less than €30,000, as shown in the most recent tax return filed or the latest approved financial statements. The key parameter is therefore the employer’s actual income capacity, not merely its capitalization.

For newly established companies, alternative elements may be assessed, such as projected turnover or paid-in share capital, so as not to penalize start-ups and innovative businesses.

A key step also for the EU Blue Card

The certification requirement does not apply only to procedures relating to applications for work authorization for non-seasonal employment outside the annual immigration quota system (decreto flussi), but is also required for the hiring of highly qualified workers within the framework of the procedure aimed at obtaining an EU Blue Card pursuant to Article 27-quater of Legislative Decree 286/1998.

In this case as well, the document is indispensable in order to obtain the work authorization, apply for an entry visa for Italy, and, after entry, secure a residence permit for employment purposes.

In summary, the certification under Article 44 of Decree-Law 73/2022 serves as both a guarantee and a simplification tool: it safeguards the regularity of procedures and strengthens the credibility of the Italian labor immigration system, making it today a structural and indispensable element of the entire process for obtaining work authorization, an entry visa for Italy, and a residence permit for employment.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law, and Paolo Grassi, Trainee of LCA Studio Legale.