The labour market test (LMT) is implemented and applied widely among the Member States, save some exceptions (as Sweden). Where the LMT is applied, a number of categories of workers are exempted, reflecting the specific national situations and priorities.

Member States apply different methodologies in undertaking LMT's. In general, a considerable role is left to employers and public employment services. Duration of the verification process varies among Member States. In the majority of the Member States, a work permit cannot be issued if equally qualified national or EU citizens are found for the job.

Member States use shortage lists to determine labour market needs in specific sectors, compiled on the basis of information, collected by relevant national and regional authorities, specific policy boards or via discussions with employers in specific sectors, applying variating criteria and showing great differences in number of job categories and employment sectors. Conditions of entry and stay are not notably facilitated for TCN workers, applying for work in shortage occupations.

At last, Member States may use quotas to manage and regulate labour migration from third countries.