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