Visa & Work Permits

A prerequisite for the deployment of staff is the possession of a valid work visa. Visa issues should be resolved at an early stage, so that the intended deployment schedule can be maintained for a position and because some visa types are limited in quantity. In general, the following employment-based visa types exist:

• B1 business visa
  The B1 visa allows you to stay in the U.S. for up to 180 days and engage in business activities, so it is perfect for business travelers. The B2 visa is intended for tourists who want to stay longer than the 90 days requested in a conventional tourist visa. In this case, however, no commercial activity is allowed.
• L1/L2 inter-company transfer visa
  The L1 visa allows employees of foreign companies to fulfill senior positions in a subsidiary in the United States or to set up a subsidiary. This visa is granted for a period of three years but may be extended by two (L1-B) or five (L1-A) years respectively. For the incorporation of a subsidiary, the L1 visa is granted for one year.
• E1/E2 treaty trader or investor visa
  The commercial visa (E1) enables key employees to operate in the United States, to trade and to generate income. The investor visa (E2) aims to create jobs in the U.S. if investments are guaranteed. It allows for the foundation, development, and management of a company in the United States and can be applied for by both employers and employees. Both E1 and E2 visas are granted for a period of five years, but you are allowed to stay in the United States for a maximum of two years in a row. After expiration of the five years, the visa can easily be extended for another five years at a well-run company. If a company is not successful, the employees must leave the country.
• H1-B visa for temporary stay
  The H1-B visa is intended for people with special skills who want to work for U.S. companies. These “special qualifications” generally correspond to a university degree. The visa is generally issued for three years and is then extendable for another three years. Congress provides about 85,000 H1-B visas each year. This quota is usually exhausted after a few months. After the expiration of the H1-B visa, it is possible to apply for a green card.
• Permanent Resident (Green Card)
  The U.S. subsidiary is normally the applicant (sponsor) of the visa. The GATA and its partners are happy to assist you with the visa application. Here, we rely on the expertise of our German-speaking lawyers in New York, who specialize in visa matters, especially since September 11th, after which visa applications became more complicated.