Key takeaways
- All salary thresholds doubled (or nearly so): EP I rises to RM 20,000+; EP II to RM 10,000–RM 19,999; EP III to RM 5,000–RM 9,999 — all on basic salary only. Effective 1 June 2026 for new applications and renewals alike.
- First-ever hard duration caps: EP I and II are capped at a cumulative 10 years with one employer; EP III at 5 years. The clock starts from 1 June 2026 for existing holders.
- Succession plans are now legally required for EP II and EP III — a formal written document naming successors, training timelines, and measurable milestones. Failure to implement it can block future applications.
- EP III holders can now bring dependents — a landmark change. This right applies to EP III passes applied for on or after 1 June 2026; older passes are unaffected until renewal.
- Two parallel portals in 2026: manufacturing and selected services companies must now file via the MIDA Expatriate System (MES) (launched 16 March 2026, processing time 15 working days); all other sectors continue through the ESD portal (esd.imi.gov.my).
- The Professional Visit Pass (PVP) remains a critical tool for short-term foreign assignments — but it has strict limits (max 12 months, no dependents, no local payroll) and is not a substitute for an EP.
1. Context: Why Malaysia Reformed Its Expatriate Policy
Malaysia has relied on a relatively open expatriate employment framework for decades. The old salary thresholds — EP I at RM 10,000, EP II at RM 5,000–RM 9,999, EP III at RM 3,000–RM 4,999 — were set by an Economic Council decision in December 2016 and had not been updated in nearly a decade. In that time, Malaysia's economy matured, its local graduate pool deepened, and the government's ambition shifted toward developing high-quality domestic human capital rather than simply filling skills gaps with imported talent.
The NEEP is the policy expression of the Thirteenth Malaysia Plan (RMK-13), which explicitly targets a reduction in reliance on foreign labour and the prioritisation of suitably qualified local talent. It followed a multi-year consultation process with industry stakeholders that began in 2022 — so while the January 2026 announcement felt sudden to many companies, the policy architecture had been in development for years.
Practically speaking, the NEEP does not prohibit foreign talent. It raises the bar. Malaysia still needs — and actively wants — high-value expatriates who bring skills unavailable locally. The policy is designed to push companies away from using low-cost foreign labour in roles that local workers could fill, while preserving access for genuine specialists, regional executives, and technical experts. For foreign companies, the message is clear: if you want to bring your team to Malaysia, pay them at the market rate for genuinely expert roles — and build a path for local replacement.
2. The New Salary Thresholds — Exact Figures and the Critical "Basic Salary Only" Rule
The single most immediate impact of the NEEP is the revised minimum monthly salary required for each EP category. The table below shows the old and new thresholds side by side.
| EP Category | Old Minimum Salary (pre-June 2026) | New Minimum Salary (from 1 June 2026) | Max Duration (New) | Succession Plan Required? | Dependents Allowed? |
|---|---|---|---|---|---|
| Category I | RM 10,000 / month | RM 20,000+ / month | Up to 10 years | No | Yes (spouse may also seek employment) |
| Category II | RM 5,000–RM 9,999 / month | RM 10,000–RM 19,999 / month | Up to 10 years | Yes — mandatory | Yes |
| Category III (general) | RM 3,000–RM 4,999 / month | RM 5,000–RM 9,999 / month | Up to 5 years | Yes — mandatory | Yes (new from June 2026) |
| Category III (manufacturing sector) | RM 3,000–RM 4,999 / month | RM 7,000–RM 9,999 / month | Up to 5 years | Yes — mandatory | Yes (new from June 2026) |
The "Basic Salary Only" Rule — The Most Misunderstood Aspect
Every salary threshold above applies exclusively to the employee's basic monthly salary. Allowances — housing allowance, car allowance, transport allowance — bonuses, commissions, and benefits-in-kind are entirely excluded from the calculation. This is not a technicality; it is a firm rule confirmed by ESD and repeatedly emphasised in official FAQs.
What this means in practice: an expatriate earning a total package of RM 22,000 per month, but with a basic salary of RM 9,500 and RM 12,500 in allowances and benefits, does not qualify for Category I. They do not even qualify for Category II under the new rules. Their basic salary must reach RM 10,000 before they can be placed in Category II. Many companies managing borderline employees have unknowingly structured compensation in ways that satisfy the old spirit of the policy but fail the new letter of the law.
3. The Duration Caps — How the 10-Year and 5-Year Limits Work in Practice
The NEEP introduces, for the very first time in Malaysia's immigration history, a hard ceiling on how long an expatriate may hold an Employment Pass. Categories I and II are capped at a cumulative 10 years; Category III at 5 years. Any extension beyond the maximum will be assessed case-by-case based on national interest — it will not be automatic.
Several critical implementation details were clarified by the official ESD FAQ (updated 12 February 2026):
- The clock starts from 1 June 2026, not from the expatriate's original date of employment. This means an EP II holder who has already been working in Malaysia for eight years begins a fresh 10-year count from June 2026.
- The cap is employer-specific. An expatriate who changes employers starts a new tenure period with the new company. The old tenure does not carry over.
- A category change resets the clock. If an EP III holder is promoted into an EP II role, the new EP II duration starts from the date of the new pass issuance — not from the date the expatriate first entered Malaysia.
- Existing passes are unaffected until renewal. The policy is explicitly forward-looking. Passes issued before 1 June 2026 remain valid until their stated expiry date. The new rules apply when those passes come up for renewal.
- Companies may now apply for up to 60 months (5 years) in a single EP application — a practical improvement that reduces administrative burden for Category I holders and long-term placements.
From a workforce planning perspective, the duration caps transform what was previously an indefinitely renewable arrangement into a structured rotation system. Companies with long-serving expatriates in Category I or II roles now have a clear planning horizon: they must either build a local successor capable of taking over within 10 years, or make a compelling case to MOHA for a national-interest extension.
4. Succession Plans — What the Requirement Actually Means and How to Build One
The mandatory succession plan for Category II and Category III is perhaps the most operationally significant change in the NEEP — and the one that most companies are least prepared for. It is not a formality. MOHA has confirmed that it monitors succession plan implementation and that a weak or unimplemented plan can affect future EP applications and renewals.
As of mid-2026, ESD has not issued a fixed template. However, the official FAQ specifies the content required. A compliant succession plan must cover:
- Role identification: Which specific responsibilities and functions currently held by the expatriate will be transitioned to local Malaysian employees, and on what timeline?
- Named successors (or recruitment plan): The identity of the designated Malaysian employee(s) being developed for the role, or — where no successor has yet been hired — a clear timeline and recruitment strategy.
- Knowledge transfer programme: A structured training and mentoring plan with specific activities, formats (e.g. shadowing, formal training courses, cross-functional assignments), and measurable competency milestones.
- Timeline: A realistic schedule showing how the local successor will reach full readiness within the EP's duration (5 years for Category III, up to 10 years for Category II).
- Operational continuity: How the company will maintain service delivery and business continuity during the transition period — addressing the risk of a knowledge gap between departure and local readiness.
Companies that treat the succession plan as a checkbox risk having their next renewal rejected. Immigration audits are expected to verify whether the plan is being implemented in practice — not just whether a document was filed. A well-structured plan, presented in clear table or timeline format, demonstrates genuine intent and facilitates smoother ESD assessment.
5. The Dependent Pass Change — EP III Holders Can Now Bring Their Families
One of the most welcome — and least publicised — changes in the NEEP is the extension of Dependent Pass eligibility to Category III holders for the first time. Previously, EP III holders (typically earning RM 3,000–RM 4,999 per month) were not permitted to bring spouses, children, or parents on a formal Dependent Pass. This restriction made Category III posts far less attractive to qualified expatriates, particularly those relocating from China, Taiwan, Hong Kong, or Singapore with families in tow.
Under the NEEP, all three EP categories — I, II, and III — may sponsor Dependent Passes for eligible family members (spouse, children, parents, and a foreign domestic helper). This right applies to EP III passes applied for on or after 1 June 2026. EP III holders whose passes were issued before this date remain under the previous restrictions until their pass comes up for renewal — at which point the new rules apply.
Additionally, the MOHA pre-approval requirement that previously applied to EP III applications has been removed under the revised policy — a practical streamlining that reduces the administrative burden for companies hiring at this tier. The "cooling-off period" that applied after certain EP III renewals has also been eliminated for applications under the new policy framework.
The spouse of an EP Category I holder retains the additional right to apply for their own employment authorisation in Malaysia — a provision that is particularly relevant for dual-career families relocating from Greater China or Singapore.
6. Two Portals in 2026 — ESD vs. MIDA Expatriate System (MES)
In parallel with the NEEP salary reform, a second major structural change took effect in March 2026 that directly affects how applications are filed. On 16 March 2026, MIDA launched the MIDA Expatriate System (MES), a centralised digital platform integrated with the InvestMalaysia portal and the Malaysian Immigration System (MyIMMs). The MES handles all stages of the process — company registration, expatriate post approval, pass approval, and ePass issuance — for companies under MIDA's regulatory purview.
| Feature | ESD Portal (esd.imi.gov.my) | MIDA Expatriate System (MES) |
|---|---|---|
| Which companies use it? | All sectors not under MIDA's purview — trading, services, F&B, tech (non-MD), professional services, etc. | Manufacturing (all sub-sectors) and selected services sectors with valid MITI/MIDA licence categories |
| Processing time | Typically 4–8 weeks (EP); 14–21 working days (PVP) | 15 working days from a complete application |
| Portal access | Register at esd.imi.gov.my; takes ~14 working days to approve | Register via InvestMalaysia account; activate expatriate module |
| PVP applications | Via ESD for non-manufacturing sectors | Handled by MIDA under MES (new from March 2026) |
| Resubmission after rejection | Standard ESD process | No cooling-off period — immediate resubmission allowed |
| Application fee (EP) | RM 200–500 per year of validity (+ endorsement fees) | Same government fees; processed within MES system |
Filing through the wrong portal is the single most common cause of EP application delays in 2026. If your company holds a manufacturing licence, an exempted manufacturing licence, or falls under selected MIDA-regulated services, you must use MES via InvestMalaysia. Companies outside these categories continue through the ESD portal directly. Determining your correct channel before submission — not after a rejection — is critical.
7. Step-by-Step: How a Foreign Company Gets Set Up to Sponsor an EP
The Employment Pass process for a foreign company entering Malaysia for the first time involves several sequential stages that must be completed before any EP application can be filed. Here is the full pathway:
Step 1 — Incorporate a Malaysian Entity
The EP framework requires a Malaysian-registered sponsor company — typically a Sdn. Bhd. (private limited company). Foreign-owned Sdn. Bhds. in services sectors generally require a minimum paid-up capital of RM 500,000; some regulated sectors require RM 1,000,000. The company must also demonstrate active operations, not merely be a shell on paper. Our ESD Account Setup service begins with a verification of your sponsoring entity's compliance — including paid-up capital, business activity codes, and operational readiness.
Step 2 — Register the ESD Account
The Expatriate Services Division (ESD), under the Immigration Department of Malaysia, is the first point of contact for non-manufacturing companies wishing to employ expatriates. Registration is done online at esd.imi.gov.my and requires: a copy of all company directors' MyKad or passports; the company's SSM registration printout (purchased through SSM e-info); a business premise and signboard licence from the local town council (e.g. DBKL licence); a tenancy agreement with at least 12 months' validity; and — for 100% foreign-owned trading or services companies — a Wholesale, Retail & Trade (WRT) licence or clearance. Importantly, a home office or SOHO address is not acceptable; a physical or serviced office is required. Once all documents are in order, ESD takes approximately 14 working days to issue approval. ESD will also request a signed Letter of Undertaking (LoU) from the company director during the review process.
Step 3 — Determine EP Category and Confirm NEEP Compliance
Based on the role, confirm: (a) the basic salary meets the new threshold for the intended category; (b) the employment contract clearly states basic salary separately from allowances; (c) the role genuinely requires skills unavailable locally; and (d) if Category II or III, a draft succession plan is prepared.
Step 4 — Labour Market Testing (Categories II and III)
For EP Categories II and III, the role must be advertised on the MyFutureJobs portal for 14 to 30 days to test the local market, unless the role is exempted (e.g. salaries ≥ RM 15,000 qualify for exemption from job advertising under certain conditions; Category I is also exempt). A JTKSM (Jabatan Tenaga Kerja Semenanjung Malaysia) Section 60K approval letter is also required for Category I and III applications before submission to ESD, and adds approximately 2–3 weeks to the timeline.
Step 5 — Prepare and Submit the EP Application
The full document set includes: certified copy of the applicant's passport (full document, all pages, minimum 18 months remaining validity); passport-format photograph in ESD/MES specification; academic qualifications and professional certificates (notarised; translated to English if originally in another language); CV with employment history; employment contract (NEEP-compliant, showing basic salary clearly); for Category II/III — the formal succession plan; and proof of EP application fee payment. For manufacturing companies: file via MES (InvestMalaysia). For all others: file via ESD.
Step 6 — Pass Approval and ePass Endorsement
After ESD or MES review and approval-in-principle (typically 4–8 weeks via ESD; 15 working days via MES), the expatriate enters Malaysia, completes a medical examination at an approved panel clinic, and collects the ePass endorsement at the MyXpats Centre or the issuing immigration office. The entire end-to-end process — from ESD account setup to ePass endorsement — typically takes 6–10 weeks for most clients.
Step 7 — Dependent Pass Applications
Dependent applications may be submitted together with the principal EP application or separately after the EP is approved. Since 1 June 2026, all three EP categories can sponsor Dependent Passes. Dependent applications for manufacturing companies under MES may be submitted in the same system.
8. The Professional Visit Pass (PVP) — When to Use It and Its Hard Limits
Many foreign companies entering Malaysia ask whether they can simply place their initial team on Professional Visit Passes to avoid the NEEP salary requirements while they get established. This is a fundamental misunderstanding of how the PVP works — and using it inappropriately creates serious compliance risk for both the company and the individual.
The PVP is a short-term immigration pass issued by the Immigration Department of Malaysia to foreign nationals who are invited to Malaysia to provide specific professional services or undergo training on behalf of their overseas employer. The key legal distinction: the PVP holder remains employed and paid by the overseas company; the Malaysian entity acts only as a sponsor and host. There is no local employment relationship and no Malaysian payroll for PVP holders.
Who the PVP is genuinely for:
- Foreign engineers installing, commissioning, or maintaining equipment sold by an overseas parent or supplier
- Technical trainers delivering a specific training programme to local Malaysian staff
- Intercompany secondees from the parent company providing expertise for a defined short-term project
- Consultants engaged by a Malaysian entity for project work with a clear start and end date
- Professionals in manufacturing and selected services sectors sent by an overseas group for equipment setup or operational support
PVP key rules and limits:
- Maximum validity: 12 months (6 months for factory and hotel training placements — non-renewable). Extensions beyond 12 months trigger scrutiny as to whether the assignment is genuinely short-term.
- No dependents. PVP holders cannot bring family members on a formal Dependent Pass. Family may enter Malaysia on separate Social Visit Passes at immigration discretion, but with no formal link to the PVP.
- No local employment. The holder must continue to be employed and paid by the overseas employer. If the Malaysian company is or becomes the actual employer, the correct pass is an Employment Pass.
- Pre-entry approval required. The applicant must not be physically present in Malaysia when the PVP application is submitted. Entering Malaysia during processing may result in rejection.
- JTK approval letter required (ESD channel). For PVP applications submitted through ESD (non-manufacturing sectors), an approval letter from the Labour Department (JTK) must be obtained before filing. This letter is valid for 6 months and can cover multiple PVP applications by the same sponsor during that period.
- Processing time: approximately 14–21 working days via ESD; 15 working days for manufacturing sector companies via MES (new from March 2026).
- Application fee: RM 800 per application, plus personal bond requirements for certain nationalities (including Chinese nationals in many scenarios).
- Cannot convert PVP to EP in-country: a completely new EP application must be filed (and the person should not be in Malaysia under a PVP when the EP is submitted).
9. Worked Scenario — A Chinese Manufacturing Company Setting Up in Malaysia
To illustrate how all these rules interact, consider a practical scenario: Zhonghua Precision Components Sdn. Bhd., the Malaysian subsidiary of a Shenzhen-based precision parts manufacturer, has just received its manufacturing licence. It needs to bring in three key people: a General Manager to run the whole operation; a Production Manager to oversee the factory floor; and a Technical Specialist from the China parent company to commission the CNC equipment.
The General Manager — offered a basic salary of RM 22,000/month — qualifies for EP Category I under the new NEEP rules. The company files via MES (manufacturing sector). No succession plan required. Processing: 15 working days. The GM's spouse can also apply for their own employment authorisation. Dependent Pass applications can be submitted simultaneously.
The Production Manager — offered a basic salary of RM 12,000/month — qualifies for EP Category II. The company must prepare a formal succession plan documenting how the local floor supervisors will be developed to take over the Production Manager role within the 10-year window. MyFutureJobs advertising is required (14–30 days). The succession plan is filed with the EP application. Duration cap: 10 years from 1 June 2026. Dependent Pass: yes.
The Technical Specialist from China — coming for 3 months to commission the CNC machines, paid by the Shenzhen parent, not by the Malaysian Sdn. Bhd. — is the correct use case for a Professional Visit Pass. The Malaysian company sponsors the PVP; the Shenzhen parent continues to pay the specialist's salary. Application is filed through MES (manufacturing sector). Processing: 15 working days. No Malaysian payroll. No Dependent Pass. No local employment contract. When the commissioning is complete, the specialist returns to China.
If, six months later, the company wants to hire the same specialist as a permanent local employee (on Malaysian payroll), the correct path is a new Employment Pass application — not an extension of the PVP. The specialist would need to be outside Malaysia when the new EP application is filed.
To get this process right from day one, engage our ESD Account Setup service as soon as your Sdn. Bhd. is incorporated — the ESD or MES registration takes up to 14 working days and is a hard prerequisite to filing any EP or PVP application.
10. Common Mistakes and How to Avoid Them
- Counting allowances toward the salary threshold. This is the single most common mistake — and the most expensive, because it leads to a rejection at renewal. Review every expatriate's employment contract and separate basic salary from all other payments before any renewal is filed.
- Filing through the wrong portal. Manufacturing companies filing via ESD (instead of MES) will have their applications returned or significantly delayed. Confirm your regulatory status before submission.
- Assuming the PVP is a low-cost alternative to the EP. A PVP is for genuine short-term assignments where the foreign national remains on a foreign payroll. Using it to avoid EP salary thresholds constitutes a misuse of the pass and creates legal liability for both the company and the individual.
- Treating succession plans as paperwork. MOHA has confirmed that monitoring will include periodic assessments. A boilerplate plan filed without genuine local talent development behind it will not pass scrutiny at the next renewal — and may result in the renewal being refused.
- Failing to advertise on MyFutureJobs before filing for EP II or III. The job posting is a prerequisite, not optional. Applications filed without a valid MyFutureJobs record will be incomplete and returned.
- Not planning for the 5-year EP III cap. Companies that rely on Category III specialists for technical functions that have no clear local successor path now have a hard 5-year window to solve that problem. Starting the succession planning process now — rather than in year four — is the only way to avoid a business-critical talent gap.
- Letting EP III holders bring family under old rules. Dependent Pass eligibility for EP III only applies to passes applied for on or after 1 June 2026. Don't assume existing EP III holders can now sponsor their family without renewing the pass first.
11. What to Do Next — Your Action Checklist
The NEEP is already in force. Every EP application and renewal filed from 1 June 2026 onward is assessed against the new rules. The practical question is not whether to comply — it is how to do so efficiently without disrupting your Malaysian operations. Here is a concise action checklist for foreign companies:
- ✅ Audit your current EP holders: List every EP holder by category and verify their basic salary (not total compensation) against the new thresholds. Identify anyone whose basic salary falls below the new floor for their category.
- ✅ Model renewal dates: Identify which EPs are due for renewal in 2026 and 2027. Renewals submitted on or after 1 June 2026 must comply — no exceptions.
- ✅ Restructure contracts where needed: For borderline holders, decide early: adjust basic salary, restructure the role, or plan local transition. The earlier this decision is made, the more options you have.
- ✅ Draft succession plans now for EP II and III: Don't wait for the renewal date. The plan should already be in implementation — with named local employees actively being trained — well before you file the renewal application.
- ✅ Confirm your portal routing: If your company has a manufacturing licence or falls under MIDA-regulated services, you must file via MES. All others use ESD. Confirm this before submitting any application in 2026.
- ✅ Register your ESD or MES account early: ESD account approval takes approximately 14 working days. This is a hard prerequisite that cannot be done in parallel with the EP application itself. Don't start your first hiring process before your portal account is active.
- ✅ Plan PVP assignments correctly: Use PVPs only where the foreign national genuinely remains on an overseas payroll for a specific, time-limited assignment. Never use them as a workaround for EP salary thresholds.
If you are setting up a new entity in Malaysia and need to structure your company, ESD registration, and first EP application together, our team handles the entire process end to end. Start with our ESD Account Setup service — it covers the full ESD or MES onboarding and coordinates with your Sdn. Bhd. incorporation so that everything is ready in the correct sequence. You can also reach us directly via our contact page for a no-obligation consultation on your specific hiring situation.
]]>Frequently asked questions
What are the new minimum salary thresholds for Malaysia's Employment Pass categories from 1 June 2026?
From 1 June 2026, the revised NEEP thresholds are: EP Category I — RM 20,000 or above per month; EP Category II — RM 10,000 to RM 19,999 per month; EP Category III — RM 5,000 to RM 9,999 per month (RM 7,000–RM 9,999 for manufacturing and manufacturing-related services). Critically, all thresholds are calculated on basic salary only — allowances, bonuses, and benefits-in-kind are excluded from the calculation. Applications submitted on or after 1 June 2026 (including renewals) must meet these figures without exception.
Does Malaysia's 10-year Employment Pass duration cap apply to existing EP holders already working in Malaysia?
The duration cap is not retrospective. Per the official ESD FAQ (updated 12 February 2026), the clock starts from 1 June 2026, not from the original date of employment. Existing valid passes continue under their original terms until expiry. However, any renewal submitted on or after 1 June 2026 triggers the new duration framework. The cap is also employer-specific: if an expatriate changes employers, the tenure clock resets with the new company. A change of category (e.g. EP III to EP II) also resets the clock from the date of the new pass.
What must a succession plan contain for an EP Category II or III application?
Under the NEEP, a succession plan for EP II and EP III must be a formal written document (no fixed government template has been issued as of mid-2026) covering: (1) identification of the roles and responsibilities to be transitioned to local Malaysian employees; (2) named local successor(s) or a recruitment timeline if no successor is yet identified; (3) a training, mentoring, and knowledge-transfer programme with measurable milestones; (4) a realistic timeline for the local employee to be fully ready; and (5) an operational continuity plan to avoid disruption during transition. MOHA has confirmed that failure to implement an approved succession plan may result in future EP applications being rejected.
Can a Professional Visit Pass holder bring dependents to Malaysia, and how does PVP differ from an Employment Pass?
No — PVP holders cannot bring dependents to Malaysia under their PVP status. Family members may enter Malaysia on separate Social Visit Passes at immigration discretion, but they have no formal link to the PVP. The PVP is fundamentally different from an EP: it is for foreign professionals who remain employed and paid by an overseas company while temporarily providing services in Malaysia (up to 12 months, or 6 months for factory/hotel training). The EP, by contrast, is for someone locally employed and paid by a Malaysian company on a long-term basis.
Sources & references
- ESD Announcement 266 — Revised Employment Pass Salary Policy Effective 1 June 2026
- ESD Company Registration FAQs — Expatriate Services Division
- ESD Portal — Expatriate Services Division, Immigration Department of Malaysia
- Professional Visit Pass (PVP) — ESD MYXpats
- MIDA MES Transition FAQ (PDF, as of May 2026)
- Professional Visit Pass — Immigration Department of Malaysia (imi.gov.my)
- MDEC — Revision to Employment Pass (EP) Minimum Salary Requirements for Expatriates
This article is general information only, not legal, tax or immigration advice. Policies, thresholds and official fees are set by the relevant Malaysian authorities and may change. Talk to our consultants about your specific situation.