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There are several visa options available for employment in the United States. Any work visa for the USA includes individual access requirements, application procedures and costs. Which US visa applies to the specific case and, above all, seems appropriate, should be carefully evaluated. Factors such as qualification, nationality, duration of the planned stay and company affiliation are decisive.
There is no general work visa for the USA. Companies or their foreign employees who wish to work in the United States have a wide variety of work visas available to them.
Work visas for the USA are visa types for a temporary work stay. They therefore only entitle the temporary employment in the USA. Temporary employment includes, for example, business trips or postings to the USA. If you wish to live and work permanently in the United States, you will need to apply for an immigrant visa (green card).
For crew members of airlines or shipping companies who have to enter the United States for work-related reasons
For companies that maintain significant trade (goods / services) with the USA
For highly qualified employees and persons with an academic degree or comparable qualification
For work stays by journalists/representatives of foreign media companies traveling to the USA on business
For company-internal postings to the USA of executives / managers / specialists of all nationalities
For people with exceptional abilities in the fields of science, art, education, business, sport or media
For outstanding people from the fields of art, sport and entertainment to participate in events in the USA
However, it is not always easy to decide which visa to apply for during business stays. Therefore, in the run-up to your professional stay, also check our information on the B-1 Visa and to enter the United States without a visa under the Visa Waiver Program / ESTA.
If you want to work as an intern, au pair, etc. or a vacation job, a visa is also required. However, a work visa is usually not applicable. Which visa options are available instead, you can find out in our section internship / study.
There are consequently two important principles that they should always have in mind if you or your employees want to work in the United States:
In order to obtain a work visa, there must always be a concrete job offer. The background to this is that it is not the future employees who apply for the work visa, but always the US company that acts as the official applicant (= petitioner) for the foreign employees (= beneficiary).
Thus, if you dream of working in the USA, the first step is to look for a job in the USA. Once you have found an employer in the USA, they will file a petition for a work permit for the USA on your behalf. Then the actual visa application is filed.
Exceptions: Those who are already working in the US can adjust their status to a work visa under certain conditions. Another option is offered by the Green Card the unlimited residence permit and work permit for the USA.
We often receive inquiries from which duration of the work stay in the USA a work visa is required. The answer is: A US work visa is required from the first day! No matter how short the period of time or work assignment may be, it is only possible to start working legally if an appropriate work visa is available.
As mentioned above, there are a variety of US work visas. The following points differ depending on the work visa:
The requirements that must be met for a US work visa should not be underestimated. Certain requirements are placed on both the company and the respective employees. The following is an overview of the most important factors:
Company:
Employees:
Please note that applying for a work visa is often particularly complex and time-consuming. In addition, there are considerable differences in the application process depending on the category. Companies and their employees should therefore carefully check what options are available. Simplified application procedures are sometimes possible, which not only save money but also time.
In the case of traditional work visas, it is often necessary for the US employer to submit a petition to the US consulate in advance of the application using the Form I-129 to the US Citizenship and Immigration Services (USCIS). If the petition is successful, the next step is to submit the I-797 approval notice from the USCIS to the US consulate or embassy as part of the consular process. In most cases, the visa application is submitted to the relevant US consulate or embassy, where employees must complete a personal visa interview. Find out more about how to apply for a visa for the USA.
As a specialized service provider, we have been assisting corporate clients with work visa applications since 1996. If you would also like to work in the USA, we can discuss the advantages and disadvantages of the various work visas in an initial consultation:
While you can expect processing times of a few weeks for simplified application procedures, the regular application for work visas via the USCIS and the US consulate takes several months. For this reason, it is advisable to deal with the work visa issue as early as possible.
The background to this is that, depending on the application process, sometimes more and sometimes fewer US authorities are involved. In addition to the US consulate / US embassy, the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of Labor (DOL) are also responsible for certain categories.
We advise you on the choice of the appropriate visa category and take over the complete processing for you or your company.
How high the costs for US visas are depends on which visa is applied for. Generally speaking, the more application steps are required and the more US authorities are involved, the more expensive the visa application will be. The application fees for US visas can therefore vary greatly.
Anyone applying for a visa for the USA at a US consulate or embassy must pay the following fees:
Additional costs are incurred for application procedures via the U.S. Citizenship and Immigration Services (USCIS), such as applications for US work visas.
You can find more information about the different visa fees, other possible costs and the current payment methods on our fees page.
Family members of B-1 visa holders who wish to travel to the United States require their own visa. If your family members are not participating in the planned business activities, they may be eligible for a B-2 tourist visa.
You need a work visa whenever you want to work in the United States on a temporary basis. As described, there are different work visas for the USA. These so-called U.S. nonimmigrant visas differ, for example, in the type of work the applicant does, the length of stay and the type of visa application process. Please note that most U.S. work visas are complex and time-consuming procedures. Of course, we will be happy to advise you on the selection of the appropriate visa category and take care of the complete application process for you or your employees. Contact us today.
Spouses and unmarried children under 21 years of age are also granted a derived E-2 visa for the same period as the main applicant. Spouses may also apply for their own Employment Authorization Document (EAD), which is not tied to a specific job or the principal applicant's company. This is usually valid for two years, but can be extended for another two years.
Family members under E-2 status can also attend public or private educational institutions. As soon as the children reach the age of majority in the United States, they must either change their nonimmigrant status or leave the country.
Accompanying spouses and unmarried children up to the age of 21 years are granted a derived status on application and thus also an E-1 visa. Spouses with an E-1 visa may apply for an Employment Authorization Document (EAD) from the USCIS after entering the United States, which is not tied to a specific job or the main applicant's company, and thus may work in the U.S. independently of their spouse.
This work permit is issued for two years, with the possibility of an extension for a further two years up to the maximum duration of stay of the E-1 visa holder.
Children of E-1 visa holders may attend educational institutions (schools / universities), but may not engage in paid employment. If the children reach the age of majority in force in the U.S., they must change their nonimmigrant status or leave the country.
The fees for applying for a visa vary considerably depending on the category and may regularly increase or decrease, also as a result of exchange rate fluctuations. Therefore, every applicant should inform himself about the current fees before applying.
The application for a U.S. visa must be made through the official U.S. authorities, e.g. the U.S. consulates and U.S. embassies. The actual visa application is placed online, but almost every applicant must go to the consulate in person for a visa interview. With some work visas, it is sometimes necessary to send extensive files by mail to the U.S. authorities in the USA prior to the consular application procedure.
We advise and support companies and private individuals in all matters relating to visa applications. Read more about the requirements, duration and costs of a visa application.
Spouses and unmarried children under 21 years of age shall be issued a derived O-3 visa upon application for the same period as the main applicant. However, if the children reach the age of majority valid in the U.S., they must change their nonimmigrant status or leave the country.
Spouses cannot obtain their own Employment Authorization Document (EAD) with the O-3 Visa. Therefore, taking up employment is generally not permitted, also not for children. Spouses and children can attend private and public educational institutions with the O-3 visa.
An Employment Authorization Document EAD is usually issued for at least one year. Of course, it can happen within this period that you find a new job and want to change your current employer in the United States.
If you are in possession of a valid EAD, this is not a problem at all, since the General Work Permit – unlike a U.S. work visa for the – is not tied to a specific U.S. company.
However, you must make sure to apply for a new EAD in time before your current General Work Permit expires.
A Labor Certification is the first step in applying for the Green Card. The application is made by the U.S. employer to the U.S. Department of Labor. This process determines whether or not there is a qualified U.S. employee in the U.S. labor market for the position to be filled. The goal of a Labor Certification is therefore to protect U.S. workers and the U.S. labor market by ensuring that foreign workers cannot replace equally qualified U.S. workers.
Unlike a Labor Certification, which only applies to a specific U.S. employer or job offer, the Employment Authorization Document (EAD) is a general work permit that authorizes the foreign employee to work for any U.S. employer in the United States.
Another difference is that the U.S. employer applies for the Labor Certification at the beginning of the foreign employee's Green Card application. The EAD, on the other hand, is only applied for after the foreign employee or his or her spouse has been granted a residence permit for the U.S. (for instance, in the course of an adjustment of Status, i.e. form I-485).
Finally, Labor Certification and EAD are also distinguished because U.S. law prohibits the foreign employee from paying for the costs of a Labor Certification. On the contrary, the person applying for an EAD is allowed to bear some or all of the costs of the EAD.
Spouses and unmarried children under the age of 21 shall be issued a derived I visa for the same period as the main applicant. If the children reach the American age of majority, they must change their non-immigrant status or leave the country.
Family members are not allowed to work. Consequently, it is not possible to apply for a general work permit (Employment Authorization Document, EAD) under I status. However, I visa holders may attend a public or private educational institution.
Accompanying family members of I visa holders can travel to the USA visa-free for up to 90 days if their nationality permits visa-free entry.
Depending on the visa type, the application is made through the U.S. consulates in the home country or additionally through the U.S. Citizenship and Immigration Services (USCIS). In Germany, for example, you can apply at the U.S. Consulate in Berlin, Frankfurt/Main or Munich.
IMPORTANT: Since 2001, all applicants between the ages of 14 and 79 have been required to appear in person without exception. This means that all visa applicants of this age must submit their application at a personal interview at the U.S. consulate. No documents are submitted in advance by mail (exception: age groups under 14 and over 79, here the application is submitted by mail). Another exception at present is the Visa Reissuance Program.
All applicants of a nonimmigrant visa must be in addition to the online application DS-160 create a visa profile on the website of the Visa Information Service for the purpose of making an appointment and paying the visa processing fee.
In the first step you make the payment of the visa fee (please note that the application fee is not refundable if your visa is rejected). The fee can be paid by online bank transfer, SOFORT transfer (electronic funds transfer), debit card or cash at a bank. Usually you will receive an email notification that the payment has been received and your account has been activated so that the appointment can be made.
The interview appointment must be made either online via the visa profile or by calling the U.S. consulate call center at +49 (0)322 2109 3243. If you make the appointment online via your Visa Profile, you will have the opportunity to view the available appointments at the U.S. consulates in Berlin, Frankfurt/Main and Munich in a calendar. You will then receive an "Appointment Confirmation", i.e. an appointment confirmation including proof of payment of the visa application fee. Appointment postponements or cancellations are possible. However, if you postpone your appointment more than twice, you will have to go through the whole process from the beginning and pay the visa fee again. On our website you can find the current visa fees.
Depending on the type of visa, a certain application fee is charged per applicant, which is not refundable even if the visa is rejected.
Please make every effort to schedule an appointment in a timely manner. U.S. officials cannot and will not make allowances for individual travel plans.
Basically, in addition to the common DS-160 application form, applicants must have and the "Appointment Confirmation" you have to submit further documents. What these are also depends on the visa applied for.
Please note that your passport will be retained at the U.S. Consulate on the day of the interview and will be delivered by registered mail to a German address after a processing time of approximately one to two weeks. A personal pickup of the visa or an issuance on the same day are not possible!
Spouses and unmarried children under the age of 21 will be issued a derived J-2 visa for the same period as the principal applicant and may travel to the United States on that visa.
Yes. Because the H-1B visa can only be applied for with the involvement of the US company, a US job offer is mandatory. For the rest US work visas generally cannot be applied for without a specific job offer. In addition, the application may normally only be filed by the US employer ("Petitioner") and not by the foreign worker ("Beneficiary").
A US work visa is always tied to a specific US company. In turn this means that you must have a specific employer in the United States before you can apply for a work visa.
The application process begins with the US company that wants to hire you. The US employer submits the petition either to the USCIS or to the responsible U.S. consulate. Since the application for a temporary work permit is made by the company for a future foreign employee, the U.S. employer is therefore the so-called petitioner, which means the official applicant. The future employee is the entitled person and thus the so-called beneficiary.
Many companies wonder what happens to the company-bound work visa when the visa holder no longer works for the US employer.
In the event that the employment contract is terminated, the US work visa automatically loses its validity. The derived visas of any family members who may have travelled with the employee also lose their validity upon termination of the work relations, as these are linked to the visa of the main visa applicant.
This means that the former visa holder is no longer allowed to enter the country with the work visa after termination of the employment relationship. Even if the work visa is theoretically still valid for a certain period of time, the visa may no longer be used to enter the United States. If the visa holder concerned wishes to travel to the US for tourism or business purposes in the future, he / she must reapply for an ESTA or a corresponding visa, depending on the type of activities carried out on site and the duration of such activities.
Tip: In order to avoid discrepancies or problems with later entries, it is advisable to inform the U.S. consulate about the new work situation. For this purpose, it is sufficient if the responsible company representative (e.g. HR manager, supervisor, board of directors) sends an e-mail to the responsible consulate with the request to invalidate the visa of the former employee. If possible, a copy of the visa should also be attached. The consulate will then put a note in the system so that the CBP officers at the US border are also informed.
In some cases, the visa holder will even be contacted directly by the U.S. consulate in order to send its passport with the work visa for the purpose of invalidation. In other cases, the visa will simply be invalidated by the CBP officer at the boder the next time he or she enters the United States.
Our recommendation: By sending a short message to the responsible U.S. consulate, companies can protect themselves and above all be sure that entry with the previously valid work visa is no longer possible. Do not take any risks and prevent possible abuse with company-bound visas.
Global Entry is usable with most US visas, even with ESTA. Except if you are a holder of one of the following visas, then you are excluded from Global Entry:
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Not only the applicants themselves, but also the foreign employer must meet certain requirements to qualify for the C-1/D category. For example, crewmember visas are issued only to employees of commercial, international shipping companies and airlines. Employees on private yachts or jets that are not part of a shipping company or airline registered with US authorities require a B-1 Visa.
The use of visa-free entry (Visa Waiver Program) is not possible in this case.
Strictly speaking, the C-1/D category does not constitute a US work visa. In fact, it only allows you to work for a shipping company or airline located outside the United States - and thus to work on its behalf on US territory.
C-1/D visa holders are therefore not permitted to work for a US employer. If this is planned, a work visa (H, L or E visa) must be applied for in advance.
US law does not provide for an extension of status and/or change of status for C-1/D visa holders within the United States. Crew members staying in the US therefore cannot, for example, apply to U.S. Immigration for a work visa or even a green card, or extend your stay locally.
As a rule, work visas for the United States cannot be applied for without a concrete US job offer. The official petitioner ("Petitioner") is the US company of the group of companies for the future employee ("Beneficiary"). An independent petition by the foreign employee is not possible. The L-1 visa application process involves at least two entities of the corporate group - the foreign employer, as well as the US location.
A US work visa is always tied to a specific US company. In turn this means that you must have a specific employer in the United States before you can apply for a work visa.
The application process begins with the US company that wants to hire you. The US employer submits the petition either to the USCIS or to the responsible U.S. consulate. Since the application for a temporary work permit is made by the company for a future foreign employee, the U.S. employer is therefore the so-called petitioner, which means the official applicant. The future employee is the entitled person and thus the so-called beneficiary.
Many companies wonder what happens to the company-bound work visa when the visa holder no longer works for the US employer.
In the event that the employment contract is terminated, the US work visa automatically loses its validity. The derived visas of any family members who may have travelled with the employee also lose their validity upon termination of the work relations, as these are linked to the visa of the main visa applicant.
This means that the former visa holder is no longer allowed to enter the country with the work visa after termination of the employment relationship. Even if the work visa is theoretically still valid for a certain period of time, the visa may no longer be used to enter the United States. If the visa holder concerned wishes to travel to the US for tourism or business purposes in the future, he / she must reapply for an ESTA or a corresponding visa, depending on the type of activities carried out on site and the duration of such activities.
Tip: In order to avoid discrepancies or problems with later entries, it is advisable to inform the U.S. consulate about the new work situation. For this purpose, it is sufficient if the responsible company representative (e.g. HR manager, supervisor, board of directors) sends an e-mail to the responsible consulate with the request to invalidate the visa of the former employee. If possible, a copy of the visa should also be attached. The consulate will then put a note in the system so that the CBP officers at the US border are also informed.
In some cases, the visa holder will even be contacted directly by the U.S. consulate in order to send its passport with the work visa for the purpose of invalidation. In other cases, the visa will simply be invalidated by the CBP officer at the boder the next time he or she enters the United States.
Our recommendation: By sending a short message to the responsible U.S. consulate, companies can protect themselves and above all be sure that entry with the previously valid work visa is no longer possible. Do not take any risks and prevent possible abuse with company-bound visas.
Global Entry is usable with most US visas, even with ESTA. Except if you are a holder of one of the following visas, then you are excluded from Global Entry:
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Employees or business owners must also meet a certain requirement profile to obtain an E-1 visa:
NOTICE: There is no minimum period of employment for employees within the group of companies, as is the case with the L visa. Consequently, new personnel can also be sent or deployed in the USA via E-1/E-2 status. However, it is also necessary to prove that new employees who are not managers or directors have the necessary specialized knowledge.
In contrast to many other work visas, not only the respective applicants (employees and/or company owners) receive an E-1/E-2 visa and thus a work permit for the US in the initial application process - rather, the US company is simultaneously "registered" with the US authorities for (usually) five years as a whole at the US consulate (= E-registration).
What are the advantages of this registration process?
Within the next five years, additional employees (including new hires, if applicable) can be sent to or deployed at the US company in a greatly simplified process.
This eliminates the need to submit an elaborate application in advance for additional E-1/E-2 visa processes within the approved registration period. Employees can present their documents directly at a personal interview appointment at the relevant U.S. consulate. The simplified procedure means considerable cost and time savings for the company. Especially in comparison to the expensive L-visa procedure, the E-status is therefore always an alternative worth considering!
Nationality link of e-registration
The only shortcoming of E-registration: the nationality requirement for personnel. This means that German companies can only issue E-1/E-2 visas to German nationals. The same applies to companies that have a different nationality. For example, a French company would only be allowed to issue E-1/E-2 visas to French employees.
Extension of e-registration
After expiration of the E-1/E-2 registration, an application for renewal can be filed at the US Consulate. If the US company already has more than 25 US employees at that time, a simplified renewal procedure can be used.
To the extent that 25 or fewer US citizens are employed, a complete new application (as in the initial registration process) must be submitted to the appropriate US consulate.
In fact, as long as the US company exists and the E-1 visa requirements are still met, the E-registration can be renewed indefinitely.
As a rule, work visas for the United States cannot be applied for without a concrete US job offer. The official petitioner ("Petitioner") is the US company of the group of companies for the future employee ("Beneficiary"). An independent petition by the foreign employee is not possible. The L-1 visa application process involves at least two entities of the corporate group - the foreign employer, as well as the US location.
A US work visa is always tied to a specific US company. In turn this means that you must have a specific employer in the United States before you can apply for a work visa.
The application process begins with the US company that wants to hire you. The US employer submits the petition either to the USCIS or to the responsible U.S. consulate. Since the application for a temporary work permit is made by the company for a future foreign employee, the U.S. employer is therefore the so-called petitioner, which means the official applicant. The future employee is the entitled person and thus the so-called beneficiary.
Many companies wonder what happens to the company-bound work visa when the visa holder no longer works for the US employer.
In the event that the employment contract is terminated, the US work visa automatically loses its validity. The derived visas of any family members who may have travelled with the employee also lose their validity upon termination of the work relations, as these are linked to the visa of the main visa applicant.
This means that the former visa holder is no longer allowed to enter the country with the work visa after termination of the employment relationship. Even if the work visa is theoretically still valid for a certain period of time, the visa may no longer be used to enter the United States. If the visa holder concerned wishes to travel to the US for tourism or business purposes in the future, he / she must reapply for an ESTA or a corresponding visa, depending on the type of activities carried out on site and the duration of such activities.
Tip: In order to avoid discrepancies or problems with later entries, it is advisable to inform the U.S. consulate about the new work situation. For this purpose, it is sufficient if the responsible company representative (e.g. HR manager, supervisor, board of directors) sends an e-mail to the responsible consulate with the request to invalidate the visa of the former employee. If possible, a copy of the visa should also be attached. The consulate will then put a note in the system so that the CBP officers at the US border are also informed.
In some cases, the visa holder will even be contacted directly by the U.S. consulate in order to send its passport with the work visa for the purpose of invalidation. In other cases, the visa will simply be invalidated by the CBP officer at the boder the next time he or she enters the United States.
Our recommendation: By sending a short message to the responsible U.S. consulate, companies can protect themselves and above all be sure that entry with the previously valid work visa is no longer possible. Do not take any risks and prevent possible abuse with company-bound visas.
Global Entry is usable with most US visas, even with ESTA. Except if you are a holder of one of the following visas, then you are excluded from Global Entry:
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Yes. Because the H-1B visa can only be applied for with the involvement of the US company, a US job offer is mandatory. For the rest US work visas generally cannot be applied for without a specific job offer. In addition, the application may normally only be filed by the US employer ("Petitioner") and not by the foreign worker ("Beneficiary").
The foreign employee's future H-1B position in the U.S. must be "H-1B capable" - meaning it must correspond to a "Specialty Occupations" activity.
U.S. immigration law recognizes a position as a "specialty occupation" if it meets one of the following four criteria:
Consequently, the minimum requirement for an "H-1B eligible" job offer in the U.S. is that the position usually requires a U.S. Bachelor's degree or its equivalent in the relevant field of work. This applies to the following professions, for example: Architects, Engineers, Medical Professionals, Lawyers, etc. But as the above four criteria make clear, occupations that are not traditional "Specialty Occupation" occupations can also be "H-1B capable."
The H-1B category is limited in number and subject to a certain quota system ("H-1B Cap"), which applies for one U.S. fiscal year (FY) at a time. The U.S. fiscal year begins on October 1 and ends on September 30 of the following year.
Petitions for extensions or modifications of H-1B visas already issued in prior years may generally be filed at any time and are not subject to numerical quotas.
Regular Cap
There are currently 65,000 H-1B visas available per U.S. tax year ("Regular Cap") with 6,800 H-1B visas already reserved for Singaporean and Chilean nationals due to free trade agreements. If more than 65,000 petitions are filed (which is the case almost every fiscal year) a lottery is held to select 65,000 from the total petitions filed.
Master's Cap
For individuals who have earned a U.S. Master's Degree from a U.S. university, 20,000 additional visas are available ("Master's Cap"). Comparable degrees earned abroad do not apply. If more than 20,000 Master's Degree H-1B Petition are filed, a lottery will be held to select 20,000 from the total petition submitted. The Master's Cap Petition that are not selected in the Master's Cap Lottery will then be treated as a "Regular Cap" Petition and thus may be selected in any Regular Cap Lottery.
Application only in April
H-1B initial applications may be filed with U.S. Immigration and Customs Enforcement on April 1 for the earliest possible work start date of October 1. If the quota is exhausted or the H-1B initial application is not selected in the lottery, an H-1B initial application cannot be made again until the following tax year.
An increase to the 195,000 visas once awarded in the age of the IT industry boom has been discussed time and again (especially due to pressure from large corporations such as Microsoft and Google), but unfortunately has not yet been implemented.
If the quota for the current U.S. tax year is exhausted, it will be necessary to switch to other categories (such as. E-1/E-2, or L-Visa), naturally subject to verification of the respective access requirements.
Individuals who are already in the U.S. may be able to make what is known as a change of status to the H-1B category, provided, however, that the individual has been not entered the country without a visa, has a valid residence status, and has not violated U.S. immigration laws. In addition, persons with certain statuses may not apply for a change of status at all or may only do so as an exception. Therefore, it is especially important to seek professional advice before applying for a change of status.
ImportantOne must clearly distinguish between a change of status and obtaining a visa. A successful change of status only means that one has a valid domestic residence status. But a change of status is not a visa!If you leave the United States and re-enter without a valid visa, you will be denied entry.
Background: The U.S. Citizenship and Immigration Services (USCIS) only approves the change of status to H-1B and does not issue a U.S. visa. Only the U.S. consulates abroad are responsible for issuing U.S. visas.If you want to leave and re-enter the country after a change of status, you need a valid H-1B visa. As a rule, you have to apply for this visa at the US consulate in your home country. However, it is also possible to apply for a US visa in Mexico or Canada at the US consulates there.
Due to the quota system, initial petitions for H-1B visas cannot be filed at any time (except for Initial applications that are not subject to the quota).
The application may be submitted in any year no earlier than April 1 (i.e., six months prior to the beginning of the tax year) for the earliest possible work start date of October 1.
If the quota is exhausted, an application can only be made again for the following tax year.
In previous years, the quota was unfortunately often exhausted within just a few days. New applications, which are affected by the quota, can only be submitted again from April 1 of the next year for the earliest possible start of work October 1 of the same year.
Quite often this means for the foreign applicant the elimination for the offered position. Alternatively, one could consider applying for an E-1, E-2 or L visa.
A US work visa is always tied to a specific US company. In turn this means that you must have a specific employer in the United States before you can apply for a work visa.
The application process begins with the US company that wants to hire you. The US employer submits the petition either to the USCIS or to the responsible U.S. consulate. Since the application for a temporary work permit is made by the company for a future foreign employee, the U.S. employer is therefore the so-called petitioner, which means the official applicant. The future employee is the entitled person and thus the so-called beneficiary.
Many companies wonder what happens to the company-bound work visa when the visa holder no longer works for the US employer.
In the event that the employment contract is terminated, the US work visa automatically loses its validity. The derived visas of any family members who may have travelled with the employee also lose their validity upon termination of the work relations, as these are linked to the visa of the main visa applicant.
This means that the former visa holder is no longer allowed to enter the country with the work visa after termination of the employment relationship. Even if the work visa is theoretically still valid for a certain period of time, the visa may no longer be used to enter the United States. If the visa holder concerned wishes to travel to the US for tourism or business purposes in the future, he / she must reapply for an ESTA or a corresponding visa, depending on the type of activities carried out on site and the duration of such activities.
Tip: In order to avoid discrepancies or problems with later entries, it is advisable to inform the U.S. consulate about the new work situation. For this purpose, it is sufficient if the responsible company representative (e.g. HR manager, supervisor, board of directors) sends an e-mail to the responsible consulate with the request to invalidate the visa of the former employee. If possible, a copy of the visa should also be attached. The consulate will then put a note in the system so that the CBP officers at the US border are also informed.
In some cases, the visa holder will even be contacted directly by the U.S. consulate in order to send its passport with the work visa for the purpose of invalidation. In other cases, the visa will simply be invalidated by the CBP officer at the boder the next time he or she enters the United States.
Our recommendation: By sending a short message to the responsible U.S. consulate, companies can protect themselves and above all be sure that entry with the previously valid work visa is no longer possible. Do not take any risks and prevent possible abuse with company-bound visas.
Global Entry is usable with most US visas, even with ESTA. Except if you are a holder of one of the following visas, then you are excluded from Global Entry:
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Individuals working on the production and dissemination of films/reports/articles, etc., only meet the entry requirements for an I visa if the activity serves to disseminate information or news and the main source of funding and the main subsequent "place of dissemination" are outside the U.S.. The published material must therefore be of a documentary nature!
Exclusively commercial projects or, for example, advertising photos do not qualify for an I visa. In these cases, a work visa (e.g.OorH visa) needed.
IMPORTANT: Journalists or media representatives do not need an I visa for every U.S. trip just because of their status as journalists. For example, if an editor is traveling to the U.S. solely for a brief meeting, an I visa does not automatically need to be applied for (depending on citizenship). This only becomes necessary if the journalistic activity in the U.S. takes place, for example, in the context of specific reporting on behalf of a foreign media company. It is not the mere job title as a journalist, but the specific purpose of stay that determines whether media representatives require a visa and, if so, which one.
As a rule, work visas for the United States cannot be applied for without a concrete US job offer. The official petitioner ("Petitioner") is the US company of the group of companies for the future employee ("Beneficiary"). An independent petition by the foreign employee is not possible. The L-1 visa application process involves at least two entities of the corporate group - the foreign employer, as well as the US location.
The I visa does not authorize employment with a U.S. media company. It only permits professional activities in the context of a work assignment for an employer localized outside the United States.
Journalists who are assigned to work on commercial film projects for the U.S. entertainment industry or a foreign production company must have the appropriate work visa (O-, orH visa).
Please note that in contrast to the I visa, the preparation and implementation for an O or H category can take several weeks or months. So the procedure should be started as early as possible. An entry - as a temporal alternative - on the visa-free entry and a later change of status to a work visa is just as inadmissible as the use of a B visa, which can usually be obtained more quickly.
A US work visa is always tied to a specific US company. In turn this means that you must have a specific employer in the United States before you can apply for a work visa.
The application process begins with the US company that wants to hire you. The US employer submits the petition either to the USCIS or to the responsible U.S. consulate. Since the application for a temporary work permit is made by the company for a future foreign employee, the U.S. employer is therefore the so-called petitioner, which means the official applicant. The future employee is the entitled person and thus the so-called beneficiary.
Many companies wonder what happens to the company-bound work visa when the visa holder no longer works for the US employer.
In the event that the employment contract is terminated, the US work visa automatically loses its validity. The derived visas of any family members who may have travelled with the employee also lose their validity upon termination of the work relations, as these are linked to the visa of the main visa applicant.
This means that the former visa holder is no longer allowed to enter the country with the work visa after termination of the employment relationship. Even if the work visa is theoretically still valid for a certain period of time, the visa may no longer be used to enter the United States. If the visa holder concerned wishes to travel to the US for tourism or business purposes in the future, he / she must reapply for an ESTA or a corresponding visa, depending on the type of activities carried out on site and the duration of such activities.
Tip: In order to avoid discrepancies or problems with later entries, it is advisable to inform the U.S. consulate about the new work situation. For this purpose, it is sufficient if the responsible company representative (e.g. HR manager, supervisor, board of directors) sends an e-mail to the responsible consulate with the request to invalidate the visa of the former employee. If possible, a copy of the visa should also be attached. The consulate will then put a note in the system so that the CBP officers at the US border are also informed.
In some cases, the visa holder will even be contacted directly by the U.S. consulate in order to send its passport with the work visa for the purpose of invalidation. In other cases, the visa will simply be invalidated by the CBP officer at the boder the next time he or she enters the United States.
Our recommendation: By sending a short message to the responsible U.S. consulate, companies can protect themselves and above all be sure that entry with the previously valid work visa is no longer possible. Do not take any risks and prevent possible abuse with company-bound visas.
Global Entry is usable with most US visas, even with ESTA. Except if you are a holder of one of the following visas, then you are excluded from Global Entry:
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As a rule, work visas for the United States cannot be applied for without a concrete US job offer. The official petitioner ("Petitioner") is the US company of the group of companies for the future employee ("Beneficiary"). An independent petition by the foreign employee is not possible. The L-1 visa application process involves at least two entities of the corporate group - the foreign employer, as well as the US location.
The legislation distinguishes between L-1A visa petitions for managers/executives and L-1B visa petitions for specialists.
The category is based on the employee's future job at the US location (not current job).
The boundaries between the individual categories may well be fluid. It must be decided on a case-by-case basis under which category the L-1 transfer should take place. L-1B applications are generally subject to a stricter review.
The maximum stay under L-1A status is up to 7 years, L-1B visa holders can stay in the US up to a maximum of 5 years.
The category also allows the transfer of personnel to a "newly opened" US location (not yet operating in the US market for 1 year). In this case, the US authorities require additional information beyond the usual L requirements. For example, proof of the purchase or lease of office space, the special skills of the applicant in the start-up process, the economic situation of the parent company, and suitable business plans for the US venture. In particular, future U.S. personnel policies are of interest to U.S. officials.
L-1 "New Office" applications are approved for a maximum of 1 year in the initial application, but may then be extended up to a maximum of five (L-1B) or seven (L-1A) years.
For internationally active companies with a high rate of assignments to the USA, the complex L-Visa application process represents a not inconsiderable time and cost factor.
However, US regulations provide for the possibility of a significant simplification of the entire process for large corporations - the so-called L-Blanket Petition.
If a regular L-Visa application must always be submitted in advance via the U.S. Immigration and Customs Enforcement Service (USCIS), this step is omitted in the L-Blanket process. This means that the L-Blanket application can be submitted by the employee directly at an interview appointment at the domestic US consulate.
This has two decisive advantages:
On the one hand, the high application fees of the USCIS, as well as translation costs and the time-consuming compilation of company documents are eliminated. On the other hand, the simplification procedure allows employees to be deployed at shorter notice.
However, the L-Blanket is only available to companies that can meet the following requirements:
In addition, the U.S. company must meet at least one of the following requirements:
To the extent that the Group can meet these items, an approval process for use on L-Blanket will occur with the U.S. Citizenship and Immigration Services (USCIS).
Based on an L-Blanket registration of the group of companies (issued by the USCIS), all locations worldwide listed in the Blanket can use the simplified application process for employees.
It is not uncommon for employee assignments to have to be realized at quite short notice. Since the application for a work visa can unfortunately take several weeks, a temporary solution must often be realized.
Many companies therefore choose to inform the employee about the B-1 visa category to be sent in advance to the US location. It is important to emphasize that the B-1 category is no work permit for the USA. It only legitimizes the employee to, for example, coordination discussions, meetings or negotiations at the US location.
To the extent that the employee is already in the United States under a valid visa, then a change of status (without leaving the US) to the L-1 category can theoretically be made.
It is not possible, however, to calculate on the basis of thevisa free entryto apply for a work permit. In addition, not all changes within different categories are accepted.
The application for change of status, if at all possible or appropriate, is filed simultaneously with the L-1 petition at the US Immigration Service Center.
IMPORTANT: In case of a change of status, it is urgent to ensure that a valid L-1 visa is available for exit and re-entry in any case (see consular procedures). Background: The USCIS only issues the approval on the L-1 status, but not the US visa (in the passport). These entries are made exclusively by the U.S. consulates abroad.
So the change of status is NOT the same as visa. If you leave the United States and re-enter without a valid visa, you will be denied entry.
In contrast to other non-immigrant visas, the application is in principle also possible in countries bordering the USA, such as Mexico or Canada, at the US consulates there.
Otherwise, the application is usually made at the domestic U.S. consulate.
A US work visa is always tied to a specific US company. In turn this means that you must have a specific employer in the United States before you can apply for a work visa.
The application process begins with the US company that wants to hire you. The US employer submits the petition either to the USCIS or to the responsible U.S. consulate. Since the application for a temporary work permit is made by the company for a future foreign employee, the U.S. employer is therefore the so-called petitioner, which means the official applicant. The future employee is the entitled person and thus the so-called beneficiary.
Many companies wonder what happens to the company-bound work visa when the visa holder no longer works for the US employer.
In the event that the employment contract is terminated, the US work visa automatically loses its validity. The derived visas of any family members who may have travelled with the employee also lose their validity upon termination of the work relations, as these are linked to the visa of the main visa applicant.
This means that the former visa holder is no longer allowed to enter the country with the work visa after termination of the employment relationship. Even if the work visa is theoretically still valid for a certain period of time, the visa may no longer be used to enter the United States. If the visa holder concerned wishes to travel to the US for tourism or business purposes in the future, he / she must reapply for an ESTA or a corresponding visa, depending on the type of activities carried out on site and the duration of such activities.
Tip: In order to avoid discrepancies or problems with later entries, it is advisable to inform the U.S. consulate about the new work situation. For this purpose, it is sufficient if the responsible company representative (e.g. HR manager, supervisor, board of directors) sends an e-mail to the responsible consulate with the request to invalidate the visa of the former employee. If possible, a copy of the visa should also be attached. The consulate will then put a note in the system so that the CBP officers at the US border are also informed.
In some cases, the visa holder will even be contacted directly by the U.S. consulate in order to send its passport with the work visa for the purpose of invalidation. In other cases, the visa will simply be invalidated by the CBP officer at the boder the next time he or she enters the United States.
Our recommendation: By sending a short message to the responsible U.S. consulate, companies can protect themselves and above all be sure that entry with the previously valid work visa is no longer possible. Do not take any risks and prevent possible abuse with company-bound visas.
Global Entry is usable with most US visas, even with ESTA. Except if you are a holder of one of the following visas, then you are excluded from Global Entry:
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The US authorities distinguish between O-1A and O-1B visas.
Individuals who possess exceptional ability in the fields of science, education, business, or sports qualify for O-1A visas.
Individuals who possess exceptional ability in the field of the arts or who have made exceptional contributions to the film and television industry qualify for O-1B visas.
O-1A visas can be obtained by individuals who have exceptional ability in the fields of science, education, business, or sports. This leading position is evidenced, for example, by international awards (Nobel Prize, Olympic victory, etc.).
Since such special awards are of course rarely given, proof can also be provided by means of a criteria catalog.
For the O-1A visa (science, education, business, sports), at least three of the following criteria must be met:
If one or more of the above criteria do not apply directly to the applicant, he/she may submit other comparable documentation to demonstrate exceptional ability and skill in the particular field of work.
Work visas for the United States must normally be linked to a specific job offer. In addition, the application is usually filed by the U.S. employer ("petitioner") and not by the foreign worker ("beneficiary").
However, there is a special feature when applying for an O-Visa:
Not only U.S. companies can act as applicants, but also U.S. agents. This has the advantage for the foreign employee to be able to work for different clients via the US agency (e.g. artists). If the application is made through a U.S. company, the O visa holder is bound to that company.
O-1B visas may be obtained by individuals who have exceptional ability in the field of the arts or in the film and television industry. This leading position is evidenced, for example, by international awards or nominations (Oscar, Grammy, Emmy, etc.).
Since such special awards are of course rarely given, proof can also be provided by means of a criteria catalog.
For the O-1B visa, at least three of the following criteria must be met:
If one or more of the above criteria do not apply directly to the applicant, he/she may submit other comparable documentation to demonstrate exceptional ability and skill in the particular field of work.
Artists or athletes who are of outstanding ability or have achieved outstanding performance may be allowed, if applicable.in their engagements/activities in the USAbe accompanied or supported by essential employees.However, the O-2 visa is reserved exclusively for assistants of artists, sports athletes, and film and television professionals!
An Advisory Opinion (also called a "No-Objection Letter") is usually required to obtain the O visa. This advisory opinion is usually issued by the appropriate U.S. professional association or U.S. union/professional organization. The advisory opinion certifies the individual's exceptional ability or accomplishments, or confirms that there are no objections to employment.
Two Advisory Opinions are required for individuals of exceptional merit who will work in the U.S. film or television industry:
When is an advisory opinion not required?
Accompanying spouses and unmarried children up to the age of 21 are granted derivative status upon application, and thus an O-3 visa. However, with this visa, spouses are not permitted tonotallowed to work,i.e. the acquisition of a General Work Permit (Employment Authorization Document, EAD) in the USAis excluded(in contrast to other categories such asL-1orE-1/E-2).
However, children and spouses of O-1 holders are allowed to study full or part-time and attend all educational institutions (schools/universities).
For O-Visa applications there is no limit set by the legislator - in contrast to theH-1BCategory. This means that an application can be made at any time.
A US work visa is always tied to a specific US company. In turn this means that you must have a specific employer in the United States before you can apply for a work visa.
The application process begins with the US company that wants to hire you. The US employer submits the petition either to the USCIS or to the responsible U.S. consulate. Since the application for a temporary work permit is made by the company for a future foreign employee, the U.S. employer is therefore the so-called petitioner, which means the official applicant. The future employee is the entitled person and thus the so-called beneficiary.
Many companies wonder what happens to the company-bound work visa when the visa holder no longer works for the US employer.
In the event that the employment contract is terminated, the US work visa automatically loses its validity. The derived visas of any family members who may have travelled with the employee also lose their validity upon termination of the work relations, as these are linked to the visa of the main visa applicant.
This means that the former visa holder is no longer allowed to enter the country with the work visa after termination of the employment relationship. Even if the work visa is theoretically still valid for a certain period of time, the visa may no longer be used to enter the United States. If the visa holder concerned wishes to travel to the US for tourism or business purposes in the future, he / she must reapply for an ESTA or a corresponding visa, depending on the type of activities carried out on site and the duration of such activities.
Tip: In order to avoid discrepancies or problems with later entries, it is advisable to inform the U.S. consulate about the new work situation. For this purpose, it is sufficient if the responsible company representative (e.g. HR manager, supervisor, board of directors) sends an e-mail to the responsible consulate with the request to invalidate the visa of the former employee. If possible, a copy of the visa should also be attached. The consulate will then put a note in the system so that the CBP officers at the US border are also informed.
In some cases, the visa holder will even be contacted directly by the U.S. consulate in order to send its passport with the work visa for the purpose of invalidation. In other cases, the visa will simply be invalidated by the CBP officer at the boder the next time he or she enters the United States.
Our recommendation: By sending a short message to the responsible U.S. consulate, companies can protect themselves and above all be sure that entry with the previously valid work visa is no longer possible. Do not take any risks and prevent possible abuse with company-bound visas.
As a rule, work visas for the United States cannot be applied for without a concrete US job offer. The official petitioner ("Petitioner") is the US company of the group of companies for the future employee ("Beneficiary"). An independent petition by the foreign employee is not possible. The L-1 visa application process involves at least two entities of the corporate group - the foreign employer, as well as the US location.
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