There are a number of possible migration routes for British citizens wanting to live and work in the USA permanently.

The USA remains a land of opportunity with great appeal for British nationals. Whether you want to relocate for an existing job, set up or expand a business in the US market or join family members Stateside – prospects abound. But before you purchase your ticket and jump on the plane, you will first need to make sure you hold the relevant permission to enter and work in the US.

The type of visa you will need will depend on whether you are planning to travel to the United States on a temporary basis, in which case you would look at the nonimmigrant visa classifications, or whether you are looking to settle permanently, which are the immigrant visas.

In this guide for British citizens wanting to live and work in USA permanently, we set out the US visa options that may be available to you. We also consider some US temporary visas, which, depending on your circumstances, may be worth considering as a path to obtaining an US Green Card.

 

Do you need a US visa as a British citizen?

 

British citizens generally need a visa to enter the United States, unless they are traveling for tourism or business under the Visa Waiver Program (VWP). Under the VWP, the US permits eligible citizens of certain countries – including the UK – to travel to the US for business or tourism for up to 90 days without a visa, provided they obtain ESTA authorization.

ESTA stands for Electronic System for Travel Authorization. ESTA is an online screening system operated by US authorities. Applicants complete the online form, and the answers are used to determine eligibility for travel under the VWP.

You cannot travel to the US under ESTA if your reason for travel is to live there permanently. ESTA authorization only allows stays in the US for up to 90 days per visit. You cannot intend to remain there permanently if you enter the country enter visa-free.

Also, you can only undertake certain permissible activities while in the US under ESTA. So, while you could use ESTA to scope out for a possible future move, you would need to leave the US to make your application for a visa to live there permanently.

 

Visas to live in the USA Permanently

 

Obtaining permanent residency in the United States is a significant goal for many British citizens who wish to live and work in the USA permanently. There are several pathways to achieve this, each with its own requirements and processes.

In many cases, where you have close family ties in the US, the easiest path to permanent residence can be to have a relative sponsor you. This could be a spouse, for example, although they must be a US citizen or lawful permanent resident. Alternatively, if you are a British citizen wanting to live and work in USA but you have no family-ties, you can apply for a green card under various different employment-based routes. This includes individuals with extraordinary abilities in specific fields such as the sciences or arts, distinguished academics or researchers, as well as multinational managers and executives. It also encompasses skilled workers, professionals and other workers, although typically a petition for a green card under any one of these categories must be supported by an offer of a job, as well as an approved labor certification to show that there are no qualified Americans available to fill that position.

 

Employment-Based Visas

 

Employment-based visas are a common pathway for British citizens seeking permanent residency in the US. These visas are categorized based on the applicant’s skills, qualifications, and job offer from a US employer.

 

a. EB-1 Visa for Individuals with Extraordinary Ability

The EB-1 visa is designated for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. This category also includes outstanding professors and researchers, and certain multinational executives and managers. To qualify, applicants must provide evidence of sustained national or international acclaim in their field. This visa does not require a labor certification, and the applicant can self-petition, meaning they do not need a job offer from a US employer.

 

b. EB-2 Visa for Advanced Degree Professionals or Those with Exceptional Ability

The EB-2 visa is for individuals who hold advanced degrees or possess exceptional ability in their professional fields. Applicants must have a job offer from a US employer, who will file a petition on their behalf. Additionally, a labor certification is generally required, demonstrating that there are no qualified US workers available for the position. The EB-2 visa also includes a National Interest Waiver (NIW) option, allowing applicants to request a waiver of the job offer and labor certification requirements if their work is in the national interest of the United States.

 

c. EB-3 Visa for Skilled Workers, Professionals, and Other Workers

The EB-3 visa caters to three categories: skilled workers with at least two years of job experience or training, professionals with a US baccalaureate degree or foreign equivalent, and other workers performing unskilled labor that is not temporary or seasonal. Applicants must have a job offer from a US employer, who will sponsor their application. A labor certification is required, ensuring that no qualified US workers are available for the job. The processing time for EB-3 visas can be longer compared to EB-1 and EB-2 due to higher demand.

 

Family-Sponsored Visas

 

Family-sponsored visas allow US citizens and permanent residents to sponsor their relatives for Green Cards. The process and waiting times vary depending on the relationship between the sponsor and the beneficiary.

 

a. Immediate Relatives of US Citizens

Immediate relatives of US citizens, such as spouses, parents, and unmarried children under 21, are given priority in the family-sponsored visa categories. There are no annual caps on visas for immediate relatives, making the process faster compared to other family-sponsored categories. The US citizen sponsor must file Form I-130 (Petition for Alien Relative) and provide proof of the relationship.

 

b. Other Family Members

 

Other family members, including siblings and married children of US citizens, and spouses and unmarried children of permanent residents, fall into different preference categories with annual visa caps. This can result in longer waiting times due to limited visa availability. The US citizen or permanent resident sponsor must file Form I-130 and wait for a visa number to become available before the beneficiary can apply for a Green Card.

 

Diversity Visa (DV) Lottery

 

The Diversity Visa (DV) Lottery, also known as the Green Card Lottery, is an annual program that provides 50,000 immigrant visas to individuals from countries with low rates of immigration to the US, including the UK. To be eligible, applicants must have at least a high school education or equivalent, or two years of work experience in a qualifying occupation. The application period usually opens in October, and winners are selected randomly. Successful applicants must then complete further processing, including submitting an application and attending an interview at a US consulate.

 

EB-5 Immigrant Investor Program

 

The EB-5 Immigrant Investor Program offers a pathway to permanent residency for individuals who make a substantial investment in a new commercial enterprise in the US Applicants must invest a minimum of $1.8 million, or $900,000 if the investment is made in a targeted employment area (TEA), which is typically a rural area or one with high unemployment. The investment must create or preserve at least 10 full-time jobs for US workers. The process involves filing Form I-526 (Immigrant Petition by Alien Investor), and upon approval, the investor and their immediate family can apply for conditional permanent residency. After two years, the investor can file Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) to obtain full permanent residency, provided they meet the job creation and investment requirements.

 

Temporary US visas

 

If you’re not eligible to come to the US on a permanent basis, you may consider temporary visas, which in some cases can allow for longer-term – albeit not indefinite – permission to live in the US.

In some cases, nonimmigrant work visas can provide a pathway to US permanent residence. These are known as dual intent visas. A dual intent visa will allow you to lawfully enter the United States on a time-limited basis, albeit with potential intent to remain there on a permanent basis, if you become eligible. This means that you can apply for a green card while in the US under a temporary work visa. Alternatively, if you are only looking to extend your stay in the United States for a further temporary period, you again may be able to do this without returning to the UK. We can advise on your circumstances to understand what your options are to remain in the US on a long term basis.

 

As a British citizen wanting to live and work in USA, some of the main temporary visa options include:

 

• E-1 & E-2 visas for the treaty trader or investor
• L-1A & L-1B visas for intra-company transfers
• H-1B visas for speciality occupation workers
• O-1A & O-1B visas for those possessing extraordinary ability or achievement
• F or M visas for study
• I visa for journalists, bloggers, production teams and other media professionals on assignment

 

 

Treaty trader or investor visas

 

If you want to live in the USA to either engage in trade or invest in a business, you should consider the E-1 or E-2 treaty trader or investor visas.

These are nonimmigrant work visas for citizens of countries with which the United States maintains a treaty of commerce and navigation, including the UK, and will allow treaty traders and investors to enter the US for the purpose of carrying out “substantial trade” or investing a “substantial amount” of capital.

 

 

Visas for intra-company transfers

 

If you are currently employed in the UK but have been asked to transfer to an affiliated office or branch in the United States, you could consider an L-1 visa.

The L-1 visa is a nonimmigrant work visa for an employee of an international company who is being temporarily transferred to a parent, branch, affiliate or subsidiary of the same company in the USA.

The L-1A visa is for those of you in a managerial or executive role, while the L-1B visa is for employees with specialised knowledge about the organisation in which you work, for example, about the products and/or procedures.

To qualify for this type of visa you must have worked for your employer in your current role for at least a year out of the previous three, as well as have an offer to work in a similar capacity for a branch of the same company, organization or employer in the United States.

L1 visa holders may also become eligible for a Green Card.

 

Visas for workers in speciality occupations

 

The H-1B visa is a nonimmigrant work visa for graduate level workers wanting to undertake a job role in a specialty occupation that requires theoretical or technical expertise.

Any professional level job that requires you to have a bachelors degree or higher can potentially qualify as a specialty occupation. That said, you may be able to show degree equivalence through work experience and/or other qualifications.

To qualify you will need to have been offered a specialty occupation job to work in the United States, where your US sponsor will first petition the US Citizen and Immigration Services on your behalf.

One of the advantages of the H1B visa is that it can offer a route to US permanent residence.

 

Extraordinary ability & achievement visas

 

This visa category is for those of you who are recognised for your extraordinary ability, or have a demonstrated record of extraordinary achievement, in one of several fields.

The O-1A visa is for individuals with an extraordinary ability in the sciences, education, business or athletics, where you have risen to the top of your field.

The O-1B visa is either for those with an extraordinary ability in the arts, or extraordinary achievement in motion picture or television industry and you possess a degree of skill and recognition substantially above that ordinarily encountered.

To qualify for either type of visa, you must have national or international acclaim in your field, and be coming to the US to continue work in this area.

The O1 visa can also lead to a US Green Card.

 

 

Need assistance?

 

NNU Immigration are US attorneys specializing in visa and nationality applications for the USA. With US attorneys based in London, we advise British citizens on their options to move to the US, whatever their circumstances – whether starting a US business, relocating for a job or to join family. We have exceptional understanding of the US Embassy in London protocols, providing valuable insight to support efficient and effective application processing.

The visa-specific criteria for both nonimmigrant and immigrant visas must be satisfied for you to be eligible to travel to the United States, whether this be on a temporary or permanent basis. Additionally, to gain entry clearance to the US you must also not fall foul of the general grounds of inadmissibility. These include, but are not limited to, where you have been convicted of certain crimes or where you have a serious communicable illness. If you are concerned about a past conviction or other potential reason for inadmissibility, speak to our experts about applying for a waiver of inadmissibility to accompany your visa application.

For expert advice on your options to live and work in the USA, contact us.

 

Can UK citizens work in the USA FAQs

 

How easy is it to move to USA from UK?

There will be a lot to plan and organize if you want to make the move fro the UK to the USA. One of the more demanding aspects will be your visa application, which involves selecting the most appriproatei visa for your circumstances, compiling and filing your application, attending the visa interview and waiting for the decision.

 

How long does it take to get a US work visa from UK?

Visa processing times vary by category and also by Embassy or Consulate where you are applying from. In some cases, processing can be a matter of months, while others can take years.

 

Does a UK citizen need a visa for USA?

Wheteher you need a vUS visa as a British passport holder will depend on factor ssuch as tour reason for trval and your planned length of stay. If you are simply vsiting the USA as a tourist, you may be eligible for visa-free travel, which requires you to apply for ESTA before traveling.

 

What are the main visa options for British citizens wanting to live and work in the USA permanently?

British citizens can pursue permanent residency in the USA through employment-based visas (EB-1, EB-2, EB-3), family-sponsored visas, or the Diversity Visa (DV) Lottery. Employment-based visas require sponsorship from a US. employer, while family-sponsored visas are for those with immediate relatives who are US citizens or permanent residents. The DV Lottery offers a limited number of visas annually to citizens from countries with low immigration rates to the US.

 

How can a British citizen obtain a Green Card through employment?

A British citizen can obtain a Green Card through employment by securing a job offer from a US employer who is willing to sponsor them. The employer must file a petition with USCIS, demonstrating that the position requires a foreign worker and that no qualified US worker is available. The process typically involves obtaining a Labor Certification from the Department of Labor, followed by filing Form I-140 (Immigrant Petition for Alien Worker) and, once approved, adjusting status to permanent residency.

 

What is the Diversity Visa (DV) Lottery and how does it work?

The Diversity Visa (DV) Lottery, also known as the Green Card Lottery, is an annual program that makes 50,000 immigrant visas available to individuals from countries with low immigration rates to the US, including the UK. Applicants must meet basic eligibility requirements, such as having a high school education or equivalent and qualifying work experience. Winners are selected randomly and must complete further processing, including submitting an application and attending an interview at a US consulate.

 

Can a British citizen be sponsored by a family member in the USA?

British citizens can be sponsored by a family member who is a US citizen or permanent resident. Immediate relatives of US citizens, such as spouses, parents, and unmarried children under 21, can apply for family-sponsored Green Cards without quota restrictions. Other family members, like siblings and married children, may also apply, but they are subject to annual visa quotas and potentially longer waiting times.

 

What is the EB-5 Immigrant Investor Program and how can it help British citizens?

The EB-5 Immigrant Investor Program allows British citizens to obtain a Green Card by making a significant investment in a new commercial enterprise in the US. Applicants must invest at least $1.8 million (or $900,000 in targeted employment areas) and create or preserve at least 10 full-time jobs for US workers. This program provides a pathway to permanent residency for those who can meet the investment and job creation requirements.

 

How long does the Green Card application process typically take for British citizens?

The Green Card application process duration varies depending on the visa category and individual circumstances. Employment-based Green Cards can take from several months to a few years, depending on factors like visa availability and processing times. Family-sponsored Green Cards for immediate relatives of US citizens usually process faster than those for other family categories, which may take several years due to annual visa quotas.

 

Are there any specific requirements for British citizens to qualify for an employment-based Green Card?

British citizens must meet specific requirements to qualify for an employment-based Green Card. These include having a job offer from a US employer willing to sponsor them, meeting the qualifications for the specific employment-based category, and obtaining a Labor Certification from the Department of Labor if required. Categories like EB-1 for extraordinary ability individuals and EB-2 for advanced degree professionals or those with exceptional ability have additional criteria.

 

What are the steps involved in adjusting status from a non-immigrant visa to a Green Card for British citizens?

To adjust status from a non-immigrant visa to a Green Card, British citizens must first be in the US on a valid visa, have an approved immigrant petition (such as Form I-140 for employment-based cases), and have an available visa number. They then file Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS. The process includes submitting supporting documents, attending a biometrics appointment, and possibly an interview before receiving a decision.

 

Can British citizens apply for a Green Card while living outside the USA?

Yes, British citizens can apply for a Green Card while living outside the USA through consular processing. Once their immigrant petition is approved, they will be scheduled for an interview at a US consulate or embassy in the UK. They must complete required medical examinations, submit additional documentation, and attend the interview. If approved, they receive an immigrant visa, allowing them to enter the US as a permanent resident.

 

What are the benefits of obtaining a Green Card for British citizens?

Obtaining a Green Card offers numerous benefits for British citizens, including the right to live and work permanently in the US, access to better job opportunities, the ability to sponsor family members for residency, and eligibility for US citizenship after meeting residency and other requirements. Green Card holders also enjoy greater stability and security compared to non-immigrant visa holders, with fewer restrictions on employment and travel.

 

This article does not constitute direct legal advice and is for informational purposes only.