Work in Germany
In Germany, there is no separate document, which is a work permit. The distinction is made only between different types of legal grounds for staying in the country, such as: permission to (temporary) stay; blue EU map; the so-called ICT card (for temporary stay as part of an internal corporate transfer). In addition to them, there are also permits for a long stay, for example, an unlimited residence permit and a permanent residence permit in the EU countries. A (temporary) residence permit gives the right to employment only if there is an appropriate special permit in it. As a rule, the procedure for obtaining a temporary residence permit in Germany consists of two stages. First you need to get an entry visa at the diplomatic mission of the German Foreign Ministry in your country. In the case of employment, this should be the so-called "national" visa. Then the foreigner receives the actual permission to temporarily stay at the local branch of the migration service at his future residence in Germany. The basic data necessary to obtain a temporary residence permit are presented at the stage of obtaining a visa. In special cases, for citizens of certain countries there are special benefits that allow you to request a work permit directly in Germany. The blue EU card (art. 19 (a) of the German law on temporary residence of foreigners) gives special status: it is a temporary residence permit for highly qualified specialists who must have a diploma of a German or recognized foreign higher education institution or a comparable diploma. Also, the salary of such specialists should be at least 2/3 of the maximum income level subject to insurance contributions in the system of compulsory pension insurance in Germany. Representatives of the so-called scarce professions can apply for a blue EU card even with a lower wage, if it is not lower than 52% of the maximum income level subject to insurance premiums. Deficiencies are considered professions that are especially in demand on the labor market. These are scientists in the field of natural sciences, mathematicians, engineers, doctors, as well as academic and comparable professional personnel from the field of information and communication technologies. The validity of the blue EU card upon its first issue may not exceed four years. If an employment contract is concluded for a shorter period, a blue card is issued for the duration of the employment contract plus three months. Along with the blue EU card, in this context, one should also mention the ICT temporary residence card as part of an internal corporate transfer (Article 19 (b) of the German Law on the temporary residence of foreigners). It is a temporary residence permit for company employees invited from abroad for temporary work in Germany. To obtain it, it is necessary, firstly, that the legal address of the permanent employer of the employee temporarily relocated to Germany is outside the EU, and secondly, the legal entity hosting such an employee must be part of the same group of companies as his permanent employer. In addition, in order to receive an ICT card, it is necessary that the work experience of the transferred employee with his permanent employer is at least six months at the start of the period of transfer to Germany, and the duration of this period exceeds 90 days. Also, the transferred employee must have documents confirming his professional qualifications, a valid labor contract and an order for his temporary transfer. Additionally, you must obtain permission from the Federal Employment Service (ZAV). Other requirements may vary depending on the quality of the plan to use the temporarily transferred employee - in a managerial position, as a specialist or as an intern. The difference is also noticeable at the level of validity of the issued ICT card: if in the case of senior staff and specialists, an ICT card is issued for a temporary transfer period, but not more than three years, in the case of interns, it is valid for a temporary transfer period, but not more than one year. An ICT card can only be renewed on the condition that the total validity period of the card, subject to the extension, does not exceed the maximum allowable period specified above of three years or one year, respectively. Obtaining a permanent residence permit at the same time means obtaining an unlimited employment permit. The main condition here is the applicant's stay in Germany for five years on the basis of a temporary residence permit. The applicant must be able to prove that he really lived in Germany for the indicated period, speaks German and has no previous criminal record. The conditions for obtaining a permanent residence permit in the EU are similar to the conditions for obtaining a permanent residence permit in Germany. Such permission gives additional mobility within the EU, as it allows you to stay not only in Germany, but also in other member states.
Work in Switzerland
In Switzerland, the following types of residence permits are granted the right to employment: for temporary work for a period of not more than one year - a short stay permit of type L; for employment contracts concluded for a longer period - type B temporary residence permit After five or ten years of temporary stay, you can apply for a Type C permanent residence permit. When issuing residence permits to foreign workers, Switzerland makes a distinction between citizens of EU / European Free Trade Association countries and the so-called third countries, and for some EU member states (Bulgaria, Romania, Croatia), special transitional provisions and terms apply. Workers of any skill level - citizens of the EU / European Free Trade Association - have direct access to the Swiss labor market on the basis of an agreement on freedom of movement. Citizens of third countries are allowed to enter this market only within the limits of quotas established for leading personnel, specialists and other qualified personnel. Citizens of the EU-27 / European Free Trade Association can work in Switzerland for three months for one calendar year without special permission, but with the obligation to register. For employment for a longer period, it is necessary to submit an application for a temporary residence permit, which is also a work permit, up to 14 days after entering the country and before starting work. In the case of third-country nationals, the employer is obligated to submit an application to the employment service / migration service of his canton before the employee begins to work. In addition, workers who require a visa must apply for it at the Swiss diplomatic mission in their country. Permits are issued within the established quotas. Only those who meet the strict conditions of the Swiss Foreigners and Integration Act (AIG) (regarding the presence of common economic interests, preferences for workers from Switzerland and the EU / European Free Trade Association countries, a special procedure for industries with high unemployment, local authorities can get permission) , professional and industry conditions of payment and working conditions, professional qualifications and ability of the employee to integrate, as well as the proven availability of temporary housing that meets the established requirements). As a result, employment for foreigners of this category is possible only if there is no negative impact on the Swiss labor market and dumping in terms of salary. The conditions for issuing permits can be relaxed and simplified, in particular, in the case of the transfer of senior executives and rare specialists from international companies. The procedure for issuing permits to third-country nationals takes at least six to eight weeks. As a rule, an employee performing work in Switzerland by order of his foreign employer (business trip) for a maximum of eight days during one calendar year does not require special permission and registration with the exception of certain industries (for example, contract construction). Additionally, such workers may require a visa. In cases of short-term employment, it is possible to obtain permission to carry out labor activities for a total of not more than four months over a 12-month period. Such permissions are not subject to quota.
A foreign citizen who does not have a permanent residence permit in the United States can obtain a work permit only if he has a visa of one of the types providing for such an opportunity. It: permanent resident card (the so-called green card); work visa (with the right to work with a strictly defined employer) or separate work permit (so-called EAD card). US Immigration Services (USCIS - US Citizenship and Immigration Services) divides all visas with and without immigration (temporary residence) visas, which have a number of variations. From the point of view of the possibility of long-term employment, the following two types of green cards are relevant: “At the expense of the employer” and “Winning the lottery”. The condition for issuing a perpetual visa “At the expense of the employer” is, as a rule, the availability of a specific offer of employment. Such green cards are issued within the established quota; however, there are separate quotas for privileged groups. Usually, an employer submits an application for such a green card, and in order to receive it, a number of stringent conditions must be observed. Hiring is possible only if there is no negative impact on the labor market and dumping in terms of wages. Specific conditions apply to certain groups (for example, highly qualified professionals, investors, employees of international organizations, or the US government). In addition, within the framework of the Diversity Immigrant Visa Lottery Program, 50,000 green cards are drawn annually among foreign citizens from countries with a low level of immigration to the USA (for example, Germany, Austria, Switzerland, the Russian Federation) . Under the terms of the lottery, its participants must have, in particular, higher education or professional qualifications. Such a green card is issued for a period of ten years with the right to renew. The following categories of visas are relevant for temporary work on a work visa: H-1B and H-2B. An H-1B visa is issued to highly qualified specialists (with a diploma equivalent to at least a bachelor's degree in the USA) usually for a period of three years with the right to renew for another three years. An H-2B visa is issued by a seasonal worker with a validity of one year and with the right to renew for a total period not exceeding three years. An EAD card with a temporary work permit is issued, for example, to the spouse of an H-1B visa holder on the basis of an application and subject to certain requirements. The validity period of an EAD card is usually one year with the right of subsequent renewal on the basis of an application.