Intra-Company Transfer Of A U.S. Specialist To Switzerland: Work Authorization, Visa Process And Organizational Challenges

1. Case Background

GlobalTech Solutions Inc., headquartered in Boston (USA), is part of a globally active technology group. The European subsidiary, GlobalTech Solutions AG, based in Zug (Switzerland), is on the verge of launching a new, group-wide harmonized ERP system.

For the final integration phase, a corporate expert from the United States is required.

Employee

Name: Michael Anderson

Nationality: American

Position: Senior Systems Integration Specialist

Duration of stay in Switzerland: 60 days

Place of Assignment: Zug

Purpose: Execution of system tests, adaptation of integration interfaces, and training of the local IT team.

Since Michael Anderson will be performing gainful employment in Switzerland, the Swiss subsidiary must apply for a work authorization (short-term permit for up to 120 days) — even though the assignment lasts only 60 days.

After the cantonal and federal work authorization has been granted, the U.S. national must obtain a Schengen Visa Type C for up to 90 days in order to enter Switzerland. This visa must be submitted via VFS Global in the United States.

2. Case Solution

Introduction

In globally connected corporations, short-term, project-based transfers of employees between subsidiaries are part of daily operations. However, the legal requirements of the respective countries often lead to a complex sequence of administrative procedures. This case study examines the intra-company transfer of a U.S. specialist, Michael Anderson, who is deployed in Switzerland for 60 days. Particular emphasis is placed on the interaction between the work authorization procedure and the visa process, which in this case is handled through VFS Global.

The case illustrates the challenges that multinational companies face when they must comply with both Swiss and international migration regulations despite short assignment durations.

3. Legal Framework for Work Authorizations in Switzerland

Although the assignment lasts only two months, Michael Anderson is considered a third-country national (non-EU/EFTA). His assignment in Switzerland is therefore subject to the Swiss Foreign Nationals and Integration Act (AIG).

According to the legal provisions, third-country nationals may only work in Switzerland under specific conditions. For short-term assignments, companies can use the 120-day permit. This allows work assignments of up to 120 days per calendar year — regardless of whether the actual assignment is shorter.

Key requirements for the work authorization application include:

• Proof of the necessary expertise for a global ERP project, demonstrating that Mr. Anderson is a specialist.
• Proof of the corporate connection, as internal transfers are granted preferential treatment.
• Submission of an assignment letter stating that the salary meets Swiss industry standards and that all assignment-related expenses (accommodation, travel, meals) will be covered.

GlobalTech Solutions AG submits the documents to the Migration Office of the Canton of Zug. After a cantonal review, the application is forwarded to the State Secretariat for Migration (SEM), which issues the federal approval.

4. Issuance of the Work Authorization – Starting Point for the Visa Procedure

After approximately two weeks, the Swiss subsidiary is informed that the 120-day work authorization has been approved. However, this does not yet permit Michael Anderson to enter Switzerland. Like many third-country nationals, a U.S. citizen also requires a visa if he intends to take up work that requires authorization in Switzerland. Although U.S. citizens may generally travel in the Schengen area for up to 90 days without a visa, this is only permitted for tourism, not for gainful employment. Therefore, once the work authorization has been issued, a Schengen Visa Type C with the annotation "gainful employment" must be obtained.

This marks the beginning of the second administrative step: the visa procedure.

Visa Procedure via VFS Global

Switzerland has outsourced its visa application procedures in many countries — including the U.S. — to the service provider VFS Global. Applicants may not submit their visa applications directly to the consulate; they must do so through the VFS Visa Application Center responsible for their place of residence.

Required Steps for Michael Anderson

Work permit procedure – start of the visa process

After approximately two weeks, the Swiss branch was informed that the 120-day permit had been approved. US citizens, like many other third-country nationals, require a visa in addition to the necessary work permit in order to work in Switzerland.

US citizens are allowed to stay in the Schengen area for up to 90 days without a Schengen visa, but this only applies to tourists and not to those taking up employment. Therefore, a Schengen C visa with the note 'for gainful employment' must be obtained after the work permit has been granted.

1. Appointment scheduling via the VFS platform

Anderson selects the nearest Visa Application Center (e.g., Boston or New York) and registers as a user. After activating the profile, he must complete the Schengen form online via the platform, after which he can book an appointment.

2. Compilation of required documents

• Documents to be submitted include:
• Passport photo according to Schengen specifications
• Valid original U.S. passport plus a copy
• Copy of the Swiss work authorization (authorization for visa issuance)
• Email confirmation from the consulate regarding the work authorization (must be obtained directly from the consulate)

Personal appearance at VFS Global

Switzerland has outsourced its visa application procedures in many countries — including the U.S. — to the service provider VFS Global. Applicants may not submit their visa applications directly to the consulate; they must do so through the VFS Visa Application Center responsible for their place of residence. Anderson provides his biometric data (fingerprints and photo). VFS staff check the completeness of the documentation and forward the application to the competent Swiss representation.

Consular review and visa issuance

The responsible Swiss consulate examines the documents and confirms that a valid work authorization exists. The Type C Schengen visa (90 days) with the annotation "gainful employment" is then issued.

Return of the passport

The passport with the visa is returned to Anderson via VFS Global. The visa procedure typically takes 5–15 days, depending on season and consulate.

5. Logistical Preparation and Entry into Switzerland

After receiving the visa, Anderson can finalize his travel planning. The Swiss subsidiary organizes:

• Temporary accommodation in Zug,
• IT setup and security access,
• Briefings on compliance and data protection,
• Meeting and training schedules for the 60-day project phase.

It is important that Anderson does not enter Switzerland before obtaining the visa, as performing work without the appropriate visa is prohibited.

With the visa and the work authorization, he enters Switzerland on 12 December, arriving in Zurich.

At border control, he must present:

• His passport with the Schengen visa,
• The authorization for visa issuance from the Swiss authorities.

Schengen Regulation

Although Switzerland can issue a 120-day work authorization for intra-company assignments, this does not mean that a third-country national is automatically permitted to stay in the Schengen area for 120 days. As Switzerland is part of the Schengen area, the "90 days within 180 days" rule must always be observed.

For Michael Anderson, this means:

Even with a Swiss 120-day work authorization, he may not stay in the Schengen area for more than 90 days unless he holds a national long-stay visa (Type D). Since he will remain in Switzerland for only 60 days, he will not exceed the Schengen limit, and no conflict arises.

For assignments involving longer stays, however, companies should determine early on whether a Type D visa or a residence permit is required to ensure compliance with both Swiss labor regulations and Schengen law. This point is particularly important for assignment planning, as companies often mistakenly believe that the 120-day permit automatically allows a 120-day stay in the Schengen area — which is legally incorrect.

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