Work authorisation is granted when the application meets the following conditions:
1° With regard to the proposed job:
a) Either this job comes under the list of short-staffed occupations provided for in the article L. 421-4 du code de l’entrée et du séjour des étrangers et du droit d’asile et établi par un arrêté conjoint du ministre chargé du travail et du ministre chargé de l’immigration ;
b) Or the offer for this job has been previously published for a period of three weeks with the organisations contributing to the public employment service and it has not been possible to satisfy it with any application that meets the characteristics of the job offered ;
2° In the case of the employer referred to in II of Article R. 5221-1 of this Code:
a) It complies with the social reporting obligations associated with its status or activity ;
b) It has not been the subject of a criminal conviction for illegal employment as defined by article L. 8211-1 or for having disregarded general health and safety rules by virtue of article L. 4741-1 and the administration has not noted any serious failure on its part in these matters;
c) He has not been the subject of an administrative penalty imposed pursuant to Articles L. 1264-3 and L. 8272-2 to L. 8272-4 ;
3° The employer, user or host company and the employee meet the regulatory conditions for carrying out the activity in question, where such conditions are required;
4° The remuneration offered complies with the provisions of this Code on the minimum growth wage or with the minimum remuneration provided for by the collective agreement applicable to the employer or host company;
5° If the foreign national holds a residence permit bearing the wording “student” or “student-mobility programme” as provided for in article L. 422-1, L. 422-2, L. 422-5, L. 422-26 and L. 433-4 of the Code de l’entrée et du séjour des étrangers et du droit d’asile (Code on the Entry and Residence of Foreign Nationals and the Right of Asylum) and that they have completed their course of study in France or when they hold a residence permit bearing the words “seeking employment or setting up a business” as provided for in article L. 422-14 of the same code, the job offered is consistent with the qualifications and experience acquired in France or abroad.