Posting USA

More and more foreign companies are present in the US market, which is why the deployment of employees in the US has become more important in recent years. However, human resources departments responsible for employee mailings to the US face challenging challenges. We’re here to help make posting to the United States a success – make a non-binding consultation with our Visa experts now.

Understanding Employee Deployment USA

The aim of sending employees abroad is to ensure that the necessary know-how is provided and used by foreign employees on site. From a posting in the US is usually spoken from a period of three months. Posting workers to the US usually takes several years. On average, expatriates spend three years in the United States of America working for their employer on the ground.

By contrast, the term “transfer abroad” is typically used when the employee works for an indefinite period in the United States.

Success factors in the posting of employees

When you send to the United States, choosing an employee is very important. Foreign assignments of employees are discontinued or do not have the hoped-for benefits for employers, if the employee can not fulfill the requirements placed especially on him / her abroad and can not adapt in a foreign environment.

It is also of great importance that the employee’s family is brought on board. If spouses or children have adjustment problems or go to the US with false expectations, this often has a negative impact on the deployment of employees. One of the main reasons why a posting abroad aborts prematurely lies in the employee’s family.

Postings to the US are very popular

Tips for personnel selection

If the employee to be posted is not yet known, staff selection should start at least six months before the planned assignment.

When sending an employee to a US location, it is not just in-house aspects that are crucial. Especially with the preselection it can be difficult for the person responsible to make a decision. The eligibility or suitability for obtaining a work visa does not arise solely from the needs of the company.

The online magazine "Personnel Today" has created a short guide that can support a first decision. The English acronym "COPE" (such as: create something, master) is here called orientation and stands for the following first criteria that u. a. are critical to obtaining a US work visa:

Not all criteria are of equal importance, yet they all play a role in obtaining the visa.

1. Criminal and prior immigration history
   A possible criminal history and previous visa refusals can make the application process considerably more difficult or, in the worst case, lead to a renewed visa rejection. Here, of course, it is always important to consider the individual case, because the nature and severity of the offense are assessed differently.
2. Occupation
   Below this is the location, which the employee holds, understood. The higher and more qualified the job is, the better the chances are. For an e-visa or L visa, for example, the employee must qualify as a manager, specialist or executive.
3. Previous experience
   The previous experience Within a company, priority is also given to qualification. With a longer affiliation can often be expected from deeper company or special knowledge, which in return for some visa categories is essential. In some cases, a certain period of affiliation is required when applying for a visa.
4. Education
   Not least, of course, the Training or study in the weight. Depending on the visa category different criteria come into play. Here, in addition to the type of degree and the respective discipline is crucial.

In addition, we recommend that you pay attention to three additional factors that can also influence the success of a employee posting:

1. Personal suitability: Is the employee independent, flexible and open enough to find his way around the new environment?
2. Family situation: Does the employee have family responsibilities that could prevent him from posting in the US? Which family members would move to the US? How old are the children?
3. Health situation: Does the employee have illness or health conditions that would be worsened by the posting or lead to high additional costs?

Tip: Before being sent to the United States for many years, the employee should visit and get to know the future place of residence and the workplace with his family if he or she wishes to go abroad.

Furthermore, the future area of ​​responsibility should be precisely defined before each posting. Both the qualifications required and the purpose of posting should be set as precisely as possible.

Of course, we are happy to advise you when it comes to finding the appropriate visa category and to examine the appropriate qualification of your employees.

Employment and tax aspects of posting to the United States

In terms of employment, there are the following options for posting:

1. When posted to the US, the employee is typically seconded from the foreign parent or subsidiary. In the process, the parent company or subsidiary can continue to pay for salary and the employment contract will continue.
2. The other possibility is that the z. B. German contract is suspended or revoked and the employee concludes a direct employment contract with the company in the US.

Whatever the company decides, legal and tax considerations always have to be considered.

Special features for German companies

It should be clarified in advance whether the employee will continue to be taxed in Germany. Normally, the tax liability for the employee is not only in the US, but also in Germany. In the double taxation agreement, which was concluded between Germany and the USA, this is exactly regulated.

Which visa is suitable for sending employees to the US??

Choosing the right visa is also very important for employee secondments. Because posting to the US requires employees to work in the US, you must always apply for a work visa.

Typically, the L visa can be considered for sending employees. However, due to the relatively straightforward application, companies should check whether the e-visa can be an alternative. For example, if the company is majority-owned by the US, future expats of German citizenship can be sent to or deployed to the US site in a very simplified process.
In some cases, the H-1B visa is also available. However, the H-1B visa is subject to major restrictions due to an annual quota system.

In no case can a posting to the US be covered by a B visa or the Visa Waiver Program.

Which is the right visa in your case depends on several factors. These can be, for example:

• Duration of posting
• Qualification of the employee
• Future tasks of the employee in the USA
• Nationality of the employee and the company
• Length of service and contractual relationship with the company
• Size and focus of the company
• Number of employees to be sent

We are happy to help you with the posting to the USA.
Contact us for an individual offer.

Which visa for posting to the US?

Sending to the US with the family

Starting a job in the US brings many private challenges and questions to most employees in advance. The application for the right work visa can usually be given by the employee to third parties. But if the employee wants to take his family with them, a visa application will be necessary for all family members.

In general, members of working visa holders are entitled to a so-called derived visa application, which in most cases even has the same validity period. Specifically, this means for spouses of the main applicant and their unmarried children under 21 years, that they apply for a visa, which is issued tied to the work visa.

Special case stepchildren

But what about stepchildren? So if a spouse has brought into the marriage a child who comes from a previous relationship.

According to the US Immigration and Nationality Act (INA) Art. 101 (b), a stepchild falls under the status of a child who is entitled to receive a derived visa. The condition is that the marriage of the parents was closed at a time when the stepchild was not yet 18 years old.

A derived visa can therefore be applied for stepchildren, even if the main applicant is not a natural parent.

We are happy to advise you on choosing the right visa category for employees and accompanying family members.

Reimbursement

In case of a posting to the USA, the employee sometimes incurs considerable costs. In order to make the move more attractive, many companies take over a large part of these additional expenses. This must first be clarified sufficiently with the employee and then recorded in writing.

Potential reimbursements or subsidies may, for example, be made at these locations:

• Rent expenses
• Relocation costs, e.g. container shipment
• buying furniture
• School or childcare places
• Lump-sum expenses for higher living costs
• Regular home flights
• language Courses
• Company vehicle

Integration in the USA

One factor that should not be underestimated when sending staff to the US is integration in the USA. If the employee does not feel well here or if he is not sufficiently integrated, it is not uncommon for the posting to fail.

The following points can therefore be helpful in the integration:

• Help with finding a flat and moving house
• language Courses
• Intercultural courses
• Get-togethers with future colleagues
• Detailed training in the new company and work structures
• Job search for the spouse
• School search for the children

Tip: It makes sense to provide the employee with a kind of mentor or relocation partner. This can help him to find his way in the new home, both professionally and privately.

Reintegration after the reduction

In order for the temporary posting of the employee to be completed successfully, reintegration at home must also be sufficiently prepared. These include, among others:

• The proper handover or completion of duties in the US.
• The organization and, if necessary, the assumption of costs of the move.
• A new job in the home company must be found, which also fits the new qualifications and experience of the employee. Agreements, such as Salary or holidays should also be adjusted.
• Follow-up: Has the pre-determined goal of posting been achieved? What positive as well as negative experiences can be taken for future assignments?

Your help with posting

We are happy to assist you in sending your employees to the USA. Contact us today for a non-binding consultation!

Checklist posting USA

When preparing for your own posting or sending your staff to the US, it is important to keep track of all your upcoming assignments. The following Checklist for a staff deployment to the US Lists you with all essential steps on the topic – from the preparation, through the posting itself, to the reintegration in the home country. Download our free checklist and be optimally prepared for the upcoming posting.

Together we will find the right solution for your US project.

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