work in usa as a uk citizen

Path to Work in USA as a UK Citizen

This article discusses various paths to work in USA as a UK citizen. If you’re a UK citizen who wants to work in the United States, there are several visa options available. The most suitable one for you will depend on your specific circumstances, including your occupation, employment type, and desired length of stay.

This article provides you with a clear understanding of the primary visa categories and their primary requirements.  

Temporary Work Visas for UK citizens

These visas allow you to work in the US for a limited period.  

1. H-1B Visa

  • Ideal for individuals in specialty occupations requiring a bachelor’s degree or higher.  
  • Involves a lottery system, and there is a numerical cap on the number of visas issued annually.  
  • Requires a job offer from a US employer, a Labor Condition Application (LCA), and a successful visa interview.

2. H-2B Visa

  • Designed for temporary workers in non-agricultural occupations.  
  • Used for seasonal, peakload, intermittent work or one-time need. 
  • Requires a job offer from a US employer, certification of need from the Department of Labor and US Citizenship and Immigration Services (USCIS) H-2B approval.
  • Involves a lottery system, and there is a numerical cap on the number of H-2B visas issued annually.
  • Bringing H-2B employees is competitive and requires planning because there’s a 33,000 cap for each half of the fiscal year. The government may increase this cap during the year.
  • Depending on the employer’s period of need, cap-subject H-2B applications can only be filed during two annual filing periods: Early January (for April 1-September 30 start dates) and Early July (for October 1 to March 31 start dates).
  • Cap-exempt H-2B petitions can generally be filed at any time throughout the year.

3. O-1 Visa

  • For individuals with extraordinary ability in the sciences, education, business, athletics or arts or extraordinary achievement in motion picture or television industry;
  • Requires substantial documentation to demonstrate your extraordinary abilities.  

4. P-1 Visa

  • For athletes, coaches, entertainers, or cultural performers who are coming to the US to perform a specific activity.  
  • Requires a contract or itinerary from a sponsoring organization.

Trade and Investor Visas for UK citizens

These visas are for individuals engaged in international trade or who want to invest in a US business.  

E-1 Visa

  • For individuals from treaty countries, including UK, who are engaged in substantial trade primarily between the US and their treaty country.
  • Requires proof of substantial trade activity.  
  • E-1 treaty traders can bring employees who are nationals of the UK to work in an executive or supervisory position or possess skills essential to the firm’s operations.

E-2 Visa

Intracompany Transfer Visas

These visas are for employees of multinational companies who are transferred to a US affiliate, branch or subsidiary.  

L-1 Visa

  • Available for employees of a foreign company that has a US affiliate, parent, subsidiary or branch.  
  • Has 2 types, L-1A is for managers or executives and L-1B is for specialized knowledge employees.
  • Requires a qualifying relationship and a job offer in the US. To learn more, visit the L-1 visa requirements.
  • Can be used to set up a new office in the United States.

Permanent Residence (Green Card)

If you wish to live and work in the US permanently, you may apply for a green card. There are several categories, including:  

Employment-Based Green Card – EB-2 and EB-3

  • Requires a job offer from a US employer in a professional, skilled or unskilled occupation.
  • Involves a multi-step process, including PERM labor certification from the Department of Labor and a visa petition with USCIS. To learn more, contact our PERM labor certification attorney or schedule a consultation.

Employment-Based Green Card – EB-1C

  • Requires a qualifying relationship between the foreign company and the US employer.
  • You were employed abroad in a managerial or executive position for at least 1 year in the past 3 years by a parent, subsidiary or affiliate of your US employer.
  • There is no PERM labor certification required.

Investment-Based Green Card – EB-5

  • Requires minimum investment amount of $800,000 in a targeted employment area (TEA) or $1,050,000 in a non-TEA.
  • The investment must create at least 10 full-time jobs for U.S. workers.
  • Investors can choose to invest in a US business or through EB-5 Regional Centers, which pool capital and invest in commercial projects. To learn more, visit the EB-5 Immigrant Investor Program.

Self-Sponsored Green Card – EB-1A and EB-2NIW

  • EB-1A is available to individuals with extraordinary ability in the sciences, arts, education, business or athletics.
  • EB-2NIW is for professionals with advanced degrees (Masters, PhD, etc) or its equivalent (Bachelor plus five years progressive professional experience) or individuals with exceptional ability in their field, whose proposed endeavor is nationally important and is beneficial to the United States to waive the requirements of a job offer and labor certification.

Family-Based Green Card

  • Requires a US citizen or permanent resident relative to sponsor you.  
  • The waiting period can vary depending on the relationship.

Diversity Visa Lottery

  • A lottery system that awards a limited number of green cards each year to individuals from eligible countries.
  • UK citizens are currently eligible to participate in the annual Diversity Visa Lottery (DV). There are 55,000 Diversity Visas available each year. To learn more, visit DV for UK citizens.
  • All entries must be submitted electronically on the Electronic Diversity Visa (E-DV) website during the specified registration period. No late entries or paper entries are accepted. 
  • There is a limited time period each year when you can register for the DV lottery. The annual Diversity Visa Lottery registration period typically opens in early October each year for a one-month window.

Malescu Law can assist

As a UK citizen, if you want to explore the various work visa options and choose the one that most suites your goals, contact us or book a consultation today with one of our experienced work visa US immigration lawyers.

We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.

Contact us or book a consultation today!

Malescu Law P.A. – Business & Immigration Lawyers

 

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