Case facts:
A U.S. IT specialist is employed by an international life sciences company headquartered in Berlin. As part of a temporary project, she is to be assigned to Switzerland to take over the management of an IT project aimed at implementing new IT infrastructure at the Swiss branch of a global pharmaceutical company.
The assignment in Switzerland is planned for several months but does not involve a permanent stay. The IT specialist intends to keep her residence in Berlin and commute regularly between Germany and Switzerland, staying in hotels or temporary accommodations while in Switzerland.
From a Swiss work authorization perspective, depending on the duration and structure of the assignment as well as the employment arrangement, the following options apply:
- Notification Procedure under the CH-EU FMP (Free Movement of Persons Agreement):
In general, the Free Movement of Persons Agreement between the EU and Switzerland does not apply to third-country nationals unless they have been lawfully residing in the EU/EFTA area for at least 12 months.
As the specialist is a U.S. citizen who has been living in Germany for over three years, the simplified notification procedure (for short-term activities up to 90 days per calendar year) does apply in this case.
Notifications must now be submitted via the EasyGov online portal: easygov.swiss/workingpermits
- 120-Day Work Authorization (not subject to quotas)
If the project-related work exceeds 90 effective working days, a 120-day authorization must be applied for. This type of permit is limited in duration, not subject to quotas, and does not require proof of accommodation.
Only the project contract between the German employer and the Swiss company, as well as an assignemnt confirmation, must be provided. Swiss minimum wage requirements – especially those applicable in Basel – and allowances for accommodation, travel, and meals must be strictly adhered to.
- Short-Term Residence Permit (Permit L) (subject to quotas):
If the activity exceeds 120 working days per calendar year, a short-term residence permit can be applied for within the framework of service provision. This permit requires a formal work authorization procedure and is subject to quotas.
A labor market check is not conducted, but compliance with labor law and wage regulations is thoroughly examined.
This permit type requires the employee to establish residence in Switzerland. Therefore, the employee should carefully assess whether the assignment could or should be limited to 120 days.
- Cross-Border Commuter Permit (Permit G):
This option would only be relevant if:
- The IT specialist is directly employed by the Swiss client,
- She returns to her residence in Germany at least weekly,
- And resides within a defined border zone.
However, for third-country nationals, the following special conditions apply:
- The person must have lived continuously in a Swiss border zone for at least six months.
→ As this is not the case (residence is in Berlin), this option is generally excluded.
Note: For third-country nationals, a standard work authorization procedure is generally required, including quotas, labor market tests (priority for local workers), and proof of qualifications.
Overview Table: Work Authorization Options for the U.S. IT Specialist (residing in Berlin, outside border zone)
Checklist for Work Authorization – Assignemnt to Switzerland (U.S. IT Specialist living in Berlin)
Option A: 120-days work permit (≤ 120 effective working days)
Typical documents required by cantonal labor authorities:
- Application form (cantonal)
- Secondment confirmation (including duration, location, role, salary)
- Copy of employment contract with German employer (optional)
- Valid passport copy
- Proof of qualifications (e.g., IT diplomas, certificates)
- Project description & justification for this specific expert
- Proof of Swiss health insurance – A1 certificate (not always submitted with application)
- Work schedule / calendar (optional, canton-dependent)
Option B: Short-Term Residence Permit (Permit L, > 120 days)
Additional or differing requirements:
- Clear statement of duration (with possible extensions)
- Proof of accommodation for entire stay
- Social insurance clarification (A1 or equivalent)
- Assignment contract (official employer statement with project reference)
- Justification letter (not mandatory, but helpful)
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
