Working Visa into the USA
Discussion
Well that pretty much closes this topic then.
Read this - sorry it's so long-winded. If you can't tick any of these boxes, it ain't happening (legally)
Family
Marriage or engagement in anticipation of marriage to a US citizen. Immigrant or dual-intent visa. Search for: K1, CR-1, K3, direct consular filing (DCF), I-130 petition, Adjustment of Status (AOS).
You have a close relative (mother, father, child over the age of 21, brother, sister and no further) who is an US citizen who would sponsor you; approx. time for visa is 6 months to 12 years. Immigrant visa. Search for I-130 petition, adjustment of status (AOS).
[edit] Work
You have skills that are in short supply, e.g. scientific or medical training. A degree is normally a must. Or you have superior specialist skills with at least 12 years experience ( 3 years experience for each year of a 4 year degree missing of study). Recruitment agents will not take you seriously if you are not already in the US. Writing for jobs is often futile, and US employers have no idea what many foreign qualifications mean, so it may pay you to get your qualification translated into a US equivalent. You need a job offer before you can get the visa. Your employer will be your sponsor at a cost to them of $5k and up. They may also have to prove to the Dept of Labor there is no American to do the job if the position is to be permanent. Your dependent spouse may not work. Employer can apply to sponsor you in April for an Oct start of the fiscal year, but there is a limited number of visa's issued, current cap of 65K visa's, which fill up quickly, unless the position is exempt from the cap, such as a university position. Dual-intent visa. Search in forums for: H1B Visa
You have a multinational employer who is willing to transfer you, but even then the employer has to make a good case for you. Your dependent spouse may work. Dual-intent visa. Search for: L1 Visa, intra-company transfer.
You have a multinational employer who is willing to transfer you, and the company you work for has significant trade between your home country and the US. You also have specialist skills which are essential to the operation of the company. Your dependent spouse may work subject to approval. Search for:E1 Treaty trader. This category is designated for persons engaged in international trade between the U.S. and the aliens’ countries of nationality.
OR you have your own business in the UK, that somebody can manage for you whilst you are in the US
You have extraordinary ability in the sciences, arts (including the television and motion picture industry), education, business, or athletics. Your dependent spouse may not work. Dual-intent visa. Search for: O1 or P1
You are a foreign member of a religious denomination having a bona fide non-profit religious organization in the US and entering the US to carry on the activities of a minister or religious worker as a profession, occupation or vocation Search for: R1.
You have an employer willing to offer you seasonal work which U.S. citizens and permanent residents are unavailable to do. Search for H2A (agricultural) or H2B (non-agricultural).
Note : Getting a Green Card is not necessarily easy even if you are lawfully admitted on a work visa. In most cases employment based green cards require employer sponsorship, labor market testing to prove no American can do the job, and in many cases (especially third preference) the wait may run into years. In other words, a sponsoring employer or job offer is not necessarily enough. The pathway to a green card should be researched before you move to the United States on a non-immigrant visa.
[edit] Student
Short term, but allows for OPT after studies, which is basically for on job training
F1 visa, from an accredited school, to get this as a rule of thumb, you have to show that you have means to cover the cost of tuition and other living expenses, so around $10K on top of tuition per year at the very least. This can be from having cash in the bank, loans available or other credit, sponsorship or scholarship etc.
This visa doesn't allow you to work whilst studying for the first semester of the course (6 months), and then after that, only for 20 hours a week on campus.
Student visas (F) are non-immigrant but in some cases it may be possible to switch to H1-B or a similar visa class on graduation and progress from there to a green card. This is not guaranteed.
[edit] Exchange Visitors
The J visa class allows for people to participate in specific exchange programs. Many of these applicable to U.K. citizens are organized by BUNAC. Also see State Dept Bureau of Educational and Cultural Affairs. Many, but not all, of the the J visa options are for students and recent graduates. J visa is non-immigrant and usually has a 2 year home residence requirement once the stay in the U.S. is complete (there is scope for waiver in some circumstances).
[edit] Money
You own or buy business as a national of a qualifying Treaty country. The business must have a minimum value of around $150k (the more, the better) bearing in mind you will need somewhere to live and with any startup business you will need at least 2 years living money as back up. So a figure of $350k would be a nearer minimum. Your dependent spouse may work. Non-immigrant visa with a difficult pathway to a green card. Search for: E2.
You are an "investor" i.e. you have at least US $1m in assets to bring with you, or half that in certain areas. Your background will be investigated. this is also known as 'investor for alien entrepreneur'.
You can invest 500,000 US dollars into a government approved regional center, some will also provide income on the investment
you can borrow the money, from a bank, family member etc, as long as you show that the investment is real and you have a proven record of where your funding comes from. This will give you a 2 year conditional green card, some government regional centers also provide 5 year exit strategies. After a 2 year conditional green card you can apply to uscis to have your conditions removed to be a permanent resident.
[edit] Misc (unusual for UK citizens)
You participate in, are selected, and successfully process the Diversity Visa lottery. Note that persons born in certain countries including the UK (except N. Ireland) are generally not eligible to apply unless your spouse or both parents were born abroad. Immigrant visa. Search for: diversity visa (DV).
You are in a position to claim refugee status/political asylum.
You assist US law enforcement to investigate and prosecute crimes and terrorist activities such as money laundering and organized crime. Search for: S visa.
You get a member of Congress to sponsor a private bill with legislation that applies just to you. (extremely rare)
Australian citizens may qualify for the temporary E-3 visa with a view to obtaining a green card further down the line.
Canadian and Mexican citizens may qualify for the temporary TN (NAFTA) visa/status. The pathway to a green card is not simple from this visa but it does allow exposure to the U.S. employment market and a possible switch to H1-B later on.
Citizens of Singapore and Chile with professional occupations may qualify for the special H1B1 visa, similar to H1B (except that dual intent is not specifically permitted), but with its own quota.
Most citizens of the Pacific nations of Palau, Marshall Islands and Federated States of Micronesia, may seek admission to live and work in the United States under the Compact of Free Association
Starting 2009, Irish citizens in university education or recently graduated may be eligible for a 12 month working visa. U.S. / Ireland Work & Travel Agreement.
Read this - sorry it's so long-winded. If you can't tick any of these boxes, it ain't happening (legally)
Family
Marriage or engagement in anticipation of marriage to a US citizen. Immigrant or dual-intent visa. Search for: K1, CR-1, K3, direct consular filing (DCF), I-130 petition, Adjustment of Status (AOS).
You have a close relative (mother, father, child over the age of 21, brother, sister and no further) who is an US citizen who would sponsor you; approx. time for visa is 6 months to 12 years. Immigrant visa. Search for I-130 petition, adjustment of status (AOS).
[edit] Work
You have skills that are in short supply, e.g. scientific or medical training. A degree is normally a must. Or you have superior specialist skills with at least 12 years experience ( 3 years experience for each year of a 4 year degree missing of study). Recruitment agents will not take you seriously if you are not already in the US. Writing for jobs is often futile, and US employers have no idea what many foreign qualifications mean, so it may pay you to get your qualification translated into a US equivalent. You need a job offer before you can get the visa. Your employer will be your sponsor at a cost to them of $5k and up. They may also have to prove to the Dept of Labor there is no American to do the job if the position is to be permanent. Your dependent spouse may not work. Employer can apply to sponsor you in April for an Oct start of the fiscal year, but there is a limited number of visa's issued, current cap of 65K visa's, which fill up quickly, unless the position is exempt from the cap, such as a university position. Dual-intent visa. Search in forums for: H1B Visa
You have a multinational employer who is willing to transfer you, but even then the employer has to make a good case for you. Your dependent spouse may work. Dual-intent visa. Search for: L1 Visa, intra-company transfer.
You have a multinational employer who is willing to transfer you, and the company you work for has significant trade between your home country and the US. You also have specialist skills which are essential to the operation of the company. Your dependent spouse may work subject to approval. Search for:E1 Treaty trader. This category is designated for persons engaged in international trade between the U.S. and the aliens’ countries of nationality.
OR you have your own business in the UK, that somebody can manage for you whilst you are in the US
You have extraordinary ability in the sciences, arts (including the television and motion picture industry), education, business, or athletics. Your dependent spouse may not work. Dual-intent visa. Search for: O1 or P1
You are a foreign member of a religious denomination having a bona fide non-profit religious organization in the US and entering the US to carry on the activities of a minister or religious worker as a profession, occupation or vocation Search for: R1.
You have an employer willing to offer you seasonal work which U.S. citizens and permanent residents are unavailable to do. Search for H2A (agricultural) or H2B (non-agricultural).
Note : Getting a Green Card is not necessarily easy even if you are lawfully admitted on a work visa. In most cases employment based green cards require employer sponsorship, labor market testing to prove no American can do the job, and in many cases (especially third preference) the wait may run into years. In other words, a sponsoring employer or job offer is not necessarily enough. The pathway to a green card should be researched before you move to the United States on a non-immigrant visa.
[edit] Student
Short term, but allows for OPT after studies, which is basically for on job training
F1 visa, from an accredited school, to get this as a rule of thumb, you have to show that you have means to cover the cost of tuition and other living expenses, so around $10K on top of tuition per year at the very least. This can be from having cash in the bank, loans available or other credit, sponsorship or scholarship etc.
This visa doesn't allow you to work whilst studying for the first semester of the course (6 months), and then after that, only for 20 hours a week on campus.
Student visas (F) are non-immigrant but in some cases it may be possible to switch to H1-B or a similar visa class on graduation and progress from there to a green card. This is not guaranteed.
[edit] Exchange Visitors
The J visa class allows for people to participate in specific exchange programs. Many of these applicable to U.K. citizens are organized by BUNAC. Also see State Dept Bureau of Educational and Cultural Affairs. Many, but not all, of the the J visa options are for students and recent graduates. J visa is non-immigrant and usually has a 2 year home residence requirement once the stay in the U.S. is complete (there is scope for waiver in some circumstances).
[edit] Money
You own or buy business as a national of a qualifying Treaty country. The business must have a minimum value of around $150k (the more, the better) bearing in mind you will need somewhere to live and with any startup business you will need at least 2 years living money as back up. So a figure of $350k would be a nearer minimum. Your dependent spouse may work. Non-immigrant visa with a difficult pathway to a green card. Search for: E2.
You are an "investor" i.e. you have at least US $1m in assets to bring with you, or half that in certain areas. Your background will be investigated. this is also known as 'investor for alien entrepreneur'.
You can invest 500,000 US dollars into a government approved regional center, some will also provide income on the investment
you can borrow the money, from a bank, family member etc, as long as you show that the investment is real and you have a proven record of where your funding comes from. This will give you a 2 year conditional green card, some government regional centers also provide 5 year exit strategies. After a 2 year conditional green card you can apply to uscis to have your conditions removed to be a permanent resident.
[edit] Misc (unusual for UK citizens)
You participate in, are selected, and successfully process the Diversity Visa lottery. Note that persons born in certain countries including the UK (except N. Ireland) are generally not eligible to apply unless your spouse or both parents were born abroad. Immigrant visa. Search for: diversity visa (DV).
You are in a position to claim refugee status/political asylum.
You assist US law enforcement to investigate and prosecute crimes and terrorist activities such as money laundering and organized crime. Search for: S visa.
You get a member of Congress to sponsor a private bill with legislation that applies just to you. (extremely rare)
Australian citizens may qualify for the temporary E-3 visa with a view to obtaining a green card further down the line.
Canadian and Mexican citizens may qualify for the temporary TN (NAFTA) visa/status. The pathway to a green card is not simple from this visa but it does allow exposure to the U.S. employment market and a possible switch to H1-B later on.
Citizens of Singapore and Chile with professional occupations may qualify for the special H1B1 visa, similar to H1B (except that dual intent is not specifically permitted), but with its own quota.
Most citizens of the Pacific nations of Palau, Marshall Islands and Federated States of Micronesia, may seek admission to live and work in the United States under the Compact of Free Association
Starting 2009, Irish citizens in university education or recently graduated may be eligible for a 12 month working visa. U.S. / Ireland Work & Travel Agreement.
The thing to remember about the US is that although it's a country built upon the principle of diversity through immigration, they don't really want you (or me) to come for more than a visit - and even then, they are less than welcoming.
Unless you have close family who are here legally, or have a s
t-load of money, or have skills that are in high-demand, but not well represented currently - or work for a company that could legitimately transfer you - or you get married to a US citizen, it is very, very difficult to live in this country legally.
That said, many people (me included) find a way - it's not impossible - but they don't make it easy.
Unless you have close family who are here legally, or have a s
t-load of money, or have skills that are in high-demand, but not well represented currently - or work for a company that could legitimately transfer you - or you get married to a US citizen, it is very, very difficult to live in this country legally.That said, many people (me included) find a way - it's not impossible - but they don't make it easy.
VEA said:
My father has an American Passport but has never lived there.
My Godfather lives in SF.
I am guessing that doesnt help?!
Your Godfather's status means naff-all - but there could be a glimmer of hope, if your father is a USC - and if he has a valid US passport, he is.My Godfather lives in SF.
I am guessing that doesnt help?!
I'm guessing you are a UK citizen, right? How old are you?
I was transferred here on an L1 visa by my employer. I then switched to an H1-B, which is a specialized skill visa - then adjusted status to LPR via my employer. Long-winded, expensive and very frustrating at times - but worth it in the end. Marriage (or maybe familial connection, in your case) is a damn-sight easier.
As has been said very difficult - I lived in the US for 5 years on 2 different working visas for 2 different companies (L1 and H1B) due to the original company I worked for having a need for my expertise (which only a fraction of US citizens would have) and in the second case based on the need to transfer skills from the UK to the US and vice versa.
Long winded, PITA process......basically they don't want you
However, it can be done.....eventually.....I said when I was about 18 I fancied working in the US for a year but that opportunity did not present itself until I was 25...
Long winded, PITA process......basically they don't want you
However, it can be done.....eventually.....I said when I was about 18 I fancied working in the US for a year but that opportunity did not present itself until I was 25...
Gassing Station | Holidays & Travel | Top of Page | What's New | My Stuff