Introduction
Many British citizens dream of living and working in the United States. Whether it’s for a change of pace, a career opportunity, or family reasons, moving to the USA offers a new world of possibilities. However, the process of moving permanently to the USA can be complex and requires careful planning. This guide will explain the various visa options, green card pathways, and essential steps for British citizens who want to live and work in the USA permanently.
1. Overview of Moving to the USA as a British Citizen
For British citizens, moving to the USA is not as simple as booking a flight and finding a job. To live and work in the USA permanently, you must obtain legal permission, either through a visa or green card. The most common paths for British citizens include:
• Employment-based visas.
• Family-based visas.
• Diversity Visa Lottery.
• Investment-based visas.
Each path has its own eligibility requirements, application processes, and timelines.
2. Visa Options for British Citizens to Work in the USA
2.1 Employment-Based Visas
Employment-based visas allow British citizens to work in the USA either temporarily or permanently, depending on the visa type. The most common work visas include:
• H-1B Visa (Specialty Occupation): This visa is for professionals in specialized fields such as IT, engineering, healthcare, and more. To qualify, you must have a job offer from a US employer, and your employer must sponsor your H-1B visa application. The visa is initially valid for up to 3 years, with an option to extend to 6 years.
• L-1 Visa (Intra-Company Transfer): This visa is for employees of international companies who are being transferred to a US office. The L-1A visa is for managers and executives, while the L-1B visa is for employees with specialized knowledge. The L-1 visa can be a pathway to a green card in certain circumstances.
• O-1 Visa (Individuals with Extraordinary Ability): The O-1 visa is for individuals with extraordinary abilities in fields such as arts, sciences, business, or athletics. This visa requires evidence of your accomplishments and recognition in your field.
• E-2 Visa (Treaty Investor Visa): British citizens can qualify for the E-2 visa if they invest a substantial amount of capital in a US business. This visa allows you to live and work in the US while managing your investment. However, the E-2 visa does not directly lead to permanent residency but can be renewed indefinitely.
2.2 Permanent Residency (Green Cards) through Employment
For British citizens seeking to live and work in the USA permanently, employment-based green cards are an excellent option. There are different categories of employment-based green cards:
• EB-1 Green Card (Priority Workers): This category is for individuals with extraordinary abilities, outstanding professors and researchers, or multinational executives and managers.
• EB-2 Green Card (Advanced Degree Professionals): This is for individuals with advanced degrees (master’s, PhD) or exceptional abilities in their field.
• EB-3 Green Card (Skilled Workers): This is for skilled workers with at least two years of experience, professionals with a bachelor’s degree, or unskilled workers filling a shortage role in the US job market.
3. Family-Based Green Cards
Another common way for British citizens to live and work in the USA permanently is through family sponsorship. Immediate relatives of US citizens have a straightforward path to obtaining a green card. Common categories include:
• Spouse of a US Citizen: If you are married to a US citizen, you are eligible to apply for a spouse visa (CR1/IR1), leading to permanent residency. You must prove the legitimacy of the marriage and undergo a thorough application process.
• Parent or Child of a US Citizen: Parents of US citizens and unmarried children under 21 are also eligible for a family-based green card.
• Family Preference Categories: Other family members, such as siblings or adult children of US citizens, can apply for family preference green cards, though the process may take longer due to annual visa caps.
4. Diversity Visa Lottery
The Diversity Visa (DV) Lottery, also known as the Green Card Lottery, is a program that makes 50,000 immigrant visas available each year to individuals from countries with low immigration rates to the USA. The UK is generally excluded from the lottery, but individuals from Northern Ireland are eligible to apply.
If you are eligible, you can apply for the Diversity Visa Lottery online during the annual registration period. Winners are selected randomly, but it’s important to meet all the eligibility criteria and ensure your application is accurate.
5. Investment-Based Green Cards (EB-5 Visa)
The EB-5 Investor Visa allows British citizens to obtain a green card by investing a substantial amount in a US business, typically a minimum of $1,050,000, or $800,000 if the investment is in a Targeted Employment Area (TEA). The investment must create or preserve at least 10 full-time jobs for US workers.
The EB-5 visa is a direct path to permanent residency and is ideal for British citizens who have the financial means to invest in the US economy.
6. How to Apply for a US Green Card as a British Citizen
The process of applying for a green card depends on the category under which you qualify. Here is a general overview of the steps:
6.1 Employment-Based Green Card Process
1. Obtain a Job Offer: You must first secure a job offer from a US employer.
2. Labor Certification (PERM): For certain employment-based green cards, your employer must first obtain labor certification from the US Department of Labor, proving that no qualified US workers are available for the job.
3. Filing the I-140 Petition: Your employer files the I-140 Immigrant Petition for Alien Worker with US Citizenship and Immigration Services (USCIS).
4. Apply for Adjustment of Status or Consular Processing: If you are already in the US, you can apply for adjustment of status to become a permanent resident. If you are outside the US, you will go through consular processing at a US embassy or consulate.
5. Receive Your Green Card: After the processing and interview stages, you will receive your green card, granting you permanent residency.
6.2 Family-Based Green Card Process
1. Family Sponsorship: A US citizen or green card holder files a Form I-130 Petition on your behalf.
2. Visa Availability: For immediate relatives, visas are always available, but for family preference categories, you may need to wait until a visa becomes available.
3. Consular Processing or Adjustment of Status: If you’re outside the US, you will attend an interview at a US consulate. If you’re in the US, you can apply for adjustment of status.
4. Green Card Approval: After approval, you will receive your green card and can live and work in the USA permanently.
7. Key Considerations for British Citizens Moving to the USA
7.1 Social Security and Healthcare
Once you move to the USA, you will need to apply for a Social Security Number (SSN), which will be essential for work, taxes, and accessing benefits. Additionally, the USA does not have universal healthcare, so you must arrange private health insurance.
7.2 Taxes
As a green card holder or permanent resident, you are subject to US taxes on your worldwide income. However, the USA and the UK have a double taxation treaty, which prevents you from being taxed on the same income in both countries.
7.3 Costs and Processing Times
Applying for a visa or green card can be costly, with fees ranging from $500 to over $12,000, depending on the visa type and attorney fees. Processing times can vary widely, from a few months for immediate family-based visas to several years for employment-based green cards.
8. Becoming a US Citizen
After holding a green card for 5 years (or 3 years if married to a US citizen), you may apply for naturalization to become a US citizen. The process includes:
• Filing Form N-400.
• Passing a civics test and English language test.
• Attending an interview.
• Taking the Oath of Allegiance.
As a US citizen, you will have the right to vote, access more jobs, and apply for federal benefits. You will also no longer need to renew your green card.
Conclusion: How a British Citizen Can Live and Work in the USA Permanently
For British citizens, moving to the USA to live and work permanently requires a careful selection of visa and green card options. Whether you pursue an employment-based green card, family sponsorship, or the EB-5 Investor Visa, navigating the complex US immigration system requires patience and planning. By understanding your visa options and following the proper application procedures, you can successfully transition to living and working in the USA permanently.
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