What type of visa should my Danish employee in the US have?

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What type of visa should my Danish employee in the US have?

  • E-2, Employees, expat, L-1A, L-1B, Treaty Investor Visa, visa

Here are some clues from Sisse Tjørnehøj Russell from our “Sending Expats to the US” event in October 2015.


The 3 most commonly used business visas for Danish businesses are:

  • L-1A
  • L-1B
  • E-2

L-1A Visa / L-1B Visa: Intra Company Transfer Visa

Generally

  • The two companies must be related (one owns the other (subsidiary) or branch or affiliates).
  • Employee must have been employed with company abroad for at least one year within the past three years.
  • Company abroad (Denmark) transferring am employee to the US company
  • Intra company transfer: branch, subsidiary, affiliate, common ownership etc.
  • Applicant must have been employed with the company abroad for one year within the past three years
  • Generally there must be a physical office established in the U.S.
  • Exception: Can be used to establish new office in the U.S. (company must be established on paper)
  • There must be a physical office established in the US. If the company has existed for several years the visa will be issued for 3 years (2 year increments for extensions). L-1A max: 7 years. L-1B max: 5 years.
  • If US company has existed less than a year – visa for 1 year to establish the company.

L-1A Visa: Managerial / Executive position

  • Manage organization
  • Supervise and control the work of (at least 5) professional employees

L-1B Visa: Specialized position

  • Specialized knowledge: advanced level of knowledge or expertise of the organization’s processes or procedures
  • No other employees in the industry have this knowledge
  • It is impossible to train U.S. workers to do this task

E-2 Visa: Treaty Investor Visa

Generally

  • E-2 visas are both for managers/executives, supervisors or specialists (less strict than L-1B).
  • Nationals of the treaty country must own at least 50% of the U.S. business (50% ultimate ownership must be Danish. Employee must be Danish)
  • Applicant must have the same nationality as the treaty country
  • Applicant is in the position to develop and direct the U.S. business (managers, executives, supervisors, specialists)
  • Educational background / experience is utilized in the position in the U.S.

E-2: Treaty Investor Visa

  • Investment must be at risk: money already spent. Business is up and running or very close to start-up. Invest in specific categories: 1 month’s office rent, office furniture, office computer equipment, software, company car, inventory etc.
  • Investment must be substantial: If new business: $80-100,000. If existing – it depends.

See the full article here: Presentation visa

 

 

 

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