How to secure a job in the US for a UK Citizen

This is something I get asked all the time.... So I thought it best to create an article that demonstrates, compares and contrasts the various visa options available.

With the US securing 52% of global Space investment, stunning landscapes and fast and furious business culture, the US is an awesome place to live and work. However the Visa process can be hard to understand. Personally I have a 5 year E-2 Visa. Laura Devine 's immigration firm helped us tremendously.

So let's break down the various Visa's:

1. Understanding Visa Requirements

H-1B Visa

Purpose:

• The H-1B visa is designed for foreign workers in specialty occupations that require theoretical and practical application of highly specialized knowledge.

Eligibility:

• The job must require a bachelor's degree or higher in a specific field.
• The applicant must possess at least a bachelor's degree or its equivalent in the relevant field.

Application Process:

• Employer Sponsorship: The U.S. employer must file a Labor Condition Application (LCA) with the Department of Labor.
• Petition: The employer then files Form I-129 (Petition for a Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS).
• Cap and Lottery: The H-1B visa is subject to an annual cap of 85,000 visas (65,000 for regular applicants and 20,000 for those with a U.S. master’s degree or higher). Applications often exceed this number, leading to a lottery system.
• Approval and Consular Processing: Once the petition is approved, the applicant can apply for a visa at a U.S. consulate.

Duration:

• Initially granted for up to three years, with the possibility of extending up to six years. Extensions beyond six years may be possible if a Green Card application is in process.

Advantages:

• Provides a pathway to permanent residency (Green Card).
• Allows for dependent family members to accompany the visa holder on H-4 visas.

Limitations:

• Subject to annual caps.
• Requires sponsorship by a U.S. employer.
• Limited duration with specific requirements for extension.

L-1 Visa

Purpose:

• The L-1 visa is for intra-company transferees who work in managerial positions or possess specialized knowledge and are being transferred from a foreign office to a U.S. office.

Types:

• L-1A: For managers and executives.
• L-1B: For employees with specialized knowledge.

Eligibility:

• The employee must have worked for the foreign office for at least one continuous year within the past three years.
• The U.S. and foreign offices must have a qualifying relationship (parent, branch, affiliate, or subsidiary).

Application Process:

• Employer Petition: The U.S. employer files Form I-129 with USCIS.
• Individual vs. Blanket Petitions: Companies that frequently use L-1 visas can apply for a blanket petition to streamline the process for multiple employees.

Duration:

• L-1A: Up to seven years (initial three years, with extensions).
• L-1B: Up to five years (initial three years, with extensions).

Advantages:

• Allows for the transfer of key personnel within multinational companies.
• No annual cap.
• L-2 visas for dependents, with work authorization for spouses.

Limitations:

• Requires proof of qualifying relationship between U.S. and foreign offices.
• Specific eligibility criteria regarding employment history and job roles.

O-1 Visa

Purpose:

• The O-1 visa is for individuals with extraordinary ability or achievement in their field, including sciences, arts, education, business, or athletics.

Eligibility:

• Demonstrated extraordinary ability, evidenced by sustained national or international acclaim.
• Documentation of achievements, awards, or significant contributions to the field.

Application Process:

• Employer or Agent Sponsorship: An employer or agent files Form I-129 with USCIS.
• Consultation: A written advisory opinion from a peer group or labor organization may be required.

Duration:

• Initially granted for up to three years, with one-year extensions available as long as the individual continues in the same position or activity.

Advantages:

• High level of flexibility for individuals with notable achievements.
• Dependents can accompany the visa holder on O-3 visas.

Limitations:

• Requires substantial evidence of extraordinary ability.
• No direct path to permanent residency, though O-1 holders can pursue a Green Card separately.

E-2 Visa

Purpose:

• The E-2 visa is for investors and employees of companies that have made a substantial investment in the U.S.

Eligibility:

• The applicant must be a national of a country with which the U.S. has a treaty of commerce and navigation.
• The applicant must have invested or be in the process of investing a substantial amount of capital in a U.S. enterprise.
• The investment must be sufficient to ensure the successful operation of the enterprise.

Application Process:

• Investment: The investor or company makes a substantial investment in a U.S. business.
• Petition: File Form DS-160 (Online Nonimmigrant Visa Application) and attend an interview at a U.S. consulate.

Duration:

• Initially granted for up to two years, with unlimited two-year extensions as long as the investment enterprise remains operational.

Advantages:

• Provides opportunities for entrepreneurs and investors to develop and direct a U.S. business.
• Dependents can accompany the visa holder on E-2 dependent visas, with work authorization for spouses.

Limitations:

• No direct path to permanent residency.
• Investment must be substantial and at risk, meaning the investor could potentially lose it.

Conclusion

Securing a work visa for the U.S. as a UK citizen involves navigating various visa types, each with specific requirements and processes. The H-1B visa is suitable for skilled professionals in specialty occupations, the L-1 visa facilitates intra-company transfers, the O-1 visa caters to individuals with extraordinary abilities, and the E-2 visa supports investors. Understanding these visa options and their respective criteria is crucial for planning your move to work in the U.S.

Good luck on your search!!