Thank you to Evans Wallace, Solicitors for providing the following information:
Many people find that immigrating to the USA can be a time-consuming, confusing and difficult process. Unlike many commonwealth countries, the USA does not operate a point-based system of qualification and does not offer a fast track residency process for people with specialist trades.
If you are looking to live and work in the USA, on a temporary or permanent basis, you must qualify under one of the many different visa categories.
Generally, if you wish to remain in the USA on a long term basis there are three ways of doing so:
Immigration based on your family relatives
If you have close family relatives who are US citizens or permanent residents ('Green Card' holders) they may be able to sponsor you for permanent residence in the US.
Only certain relatives will be able to sponsor you. Unless your US relative is your parent, child, brother or sister they will not be able to sponsor you.
If you do have a US relative who would like to sponsor you for permanent residence please contact Evans Wallace, Solicitors for further information.
Immigration based on employment
Immigration based on employment in the US is strictly limited. Most people will find that they will be unable to immigrate to the US based on their qualifications and experience even if they are working within an occupation where there is a perceived shortage of US workers.
It is possible to transfer to the US on a temporary basis if you already work for a company that has offices in the US and the UK. Such employment will not necessarily enable you to reside in the US permanently although in some cases your company may be able to sponsor you for a Green Card.
If you are not being transferred to the US by your current employer then you must find an employer willing to sponsor you for a work visa. It is not possible to obtain a work visa in the US without a sponsor. Once you have found an employer in the US, it is your employer who must commence the process of applying for a visa for you.
Not all job offers will qualify for a work visa, however. The primary category for new-hire applicants is the H-1B, which requires that you have a graduate degree (or many years equivalent experience) in a relevant field.
H-1B visas are also subject to an annual quota which is often reached many months, and sometimes a year, in advance. Please see our News page for information on the current availability of H-1B visas.
If you wish to gain experience in the US on a short term basis you may wish to consider partaking in a work/ student exchange program
Immigration based on Investment
If neither of the first two categories is applicable to you, then you may wish to consider investing in a business in the US. With careful planning, certain investments will qualify the investor and their family for a visa that will allow them to live and work in the US on a long-term basis.
For people considering immigrating to the US, investing into a business may not have been an option they have previously considered but, in many cases, it will be their only option.
Qualifying investments must be substantial but are usually well within the reach of many prospective applicants. In many cases, an investment in excess of $100,000 would be sufficient. For further information please contact Evans Wallace, Solicitors.
