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Evans Wallace
57-61 Mortimer Street, London, W1W 8HS Tel: 0845 83 82 9 84 Email: info@evanswallace.com
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Emigrate USA 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 spouse, 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 us. 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. Further information on these visas can be found on the following pages: 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. Although smaller investments are possible, in most cases, an investment in excess of $200,000 will be required. For further information on this particular visa category please see our page on E-2 Investor Visas or call us on 0845 83 82 9 84 for an informal discussion.
The E-2 Investor Visa should not be confused with the EB-5 Investor Visa. The EB-5 Investor Visa is an increasingly popular visa category that can be used by applicants that have at least $500,000 to invest. It is an immigrant visa meaning that qualifying applicants will obtain a Green Card allowing them to work (or not work) in the US as they please. For further information, see our page on EB-5 Investor Visas or call us on 0845 83 82 984. |
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© Evans Wallace Solicitors 2010 | Legal |