If you have plans or ambitions to move to America from the UK, at the top of your list of things to consider will be your visa options.

Getting a visa to move to the USA from the UK can be challenging but it’s far from impossible.

With almost 200 US visa categories, you’ll need to be sure you are applying under the most appropriate visa classification for your circumstances, that you are eligible for that visa and that you follow the application process to the letter. Errors or omissions in your petition can result in delays and even denials, impacting your plans and any opportunities you have lined up in the US.

For those who are eligible and who have the drive and commitment to see the application process through, the US remains a land of opportunity. Here are some of the visa options to consider if you are looking to relocate from the UK to the US.

 

US Visa Types

 

When looking to move to the USA, it will be important to understand the different types of US visa and immigration routes. There are two main categories of visa: immigrant and nonimmigrant visas, which differ in the purpose of the visa and the intent of the individual entering the country.

 

Immigrant Visas

 

An immigrant visa is for individuals who intend to live permanently in the United States. These visas are a pathway to obtaining a Green Card, which grants permanent residency and the ability to live and work in the US indefinitely. Immigrant visas are typically sought by individuals who have family in the US, those who have secured employment, or individuals who qualify through investment or the Diversity Visa Lottery.

Examples of immigrant visas include:

 

a. Family-based visas (CR1, IR1, IR5)

b. Employment-based visas (EB-1, EB-2, EB-3)

c. Diversity Visa Lottery

 

Once someone enters the US on an immigrant visa, they are typically given lawful permanent resident status (LPR) and can eventually apply for US citizenship.

 

Nonimmigrant Visas

 

Nonimmigrant visas are for individuals who intend to stay in the US temporarily for a specific purpose, such as tourism, business, study, or work. These visas do not grant permanent residency and require the individual to return to their home country once their visa expires. Nonimmigrant visas are generally limited to the duration of the individual’s activity or job in the US and have specific conditions tied to the visa’s purpose.

Examples of nonimmigrant visas include:

 

a. Tourist visas (B-1/B-2)

b. Student visas (F-1, M-1)

c. Work visas (H-1B, L1)

d. Fiancé visa (K-1)

 

Individuals on nonimmigrant visas may sometimes apply to change their status or seek a path to permanent residency, but they are initially expected to return to their home country after their permitted stay.

 

Emigrating to the USA

 

For a permanent move to America, you would usually need to secure an immigrant visa, also known as a Green Card. Green Cards are only available in specific circumstances, the most common being on the basis of a family relationship or through a job.

 

Family-Based Green Cards

 

US citizens are permitted to make a request for non-US national relatives to join them to live permanently in the US. This could be on the basis of being an immediate relative, which includes the spouse, unmarried child under 21 years of age or parent of a US citizen who is 21 years old or older, or under one of the family preference categories, which include:

 

a. Unmarried sons or daughters over the age of 21

b. Married children of any age

c. Brothers and sisters if they are over 21

 

Fiancé(e)s of a permanent US citizen may want to consider the K-1 visa as a fast track for you and any children to gain residence.

 

Employment-Based Green Cards

 

The other most common way to be granted a Green Card is through employment. This category involves many options which include:

 

a. First preference (EB-1) – priority workers:

i. Foreign nationals with extraordinary ability in the sciences, arts, education, business, or athletics;

ii. Outstanding professors and researchers; or

iii. Certain multinational managers and executives.

 

b. Second preference (EB-2) – foreign nationals who are members of the professions holding advanced degrees or who have exceptional ability (including requests for national interest waivers).

c. Third preference (EB-3) – skilled workers, professionals, or other workers.

 

These are just some of the options that may be available. Taking professional advice on your circumstances can ensure you understand all of the routes that could be open to you before making a decision on which is most suitable for your needs.

 

Green Card Lottery

 

The Green Card Lottery, officially known as the Diversity Visa (DV) Lottery, is a US government program that provides a pathway to permanent residency for individuals from countries with historically low rates of immigration to the United States. Each year, approximately 55,000 diversity visas are made available to applicants through a random selection process.

To be eligible for the Green Card Lottery, applicants must meet specific criteria, including being a native of an eligible country and having either a high school education or equivalent, or two years of work experience in a qualifying occupation. Countries with high numbers of recent immigrants to the US, such as India, Mexico, and China, are excluded from the lottery to promote diversity in immigration.

Participants enter the lottery by submitting an online application during the designated entry period, typically in the fall. Winning the lottery does not guarantee a Green Card, as selected individuals must still pass an interview and background check, and meet all immigration requirements.

However, competition is high for the lottery, and applicants should ensure they meet all eligibility requirements before entering.

 

Temporary US visas

 

If the permanent visa options are not open to you, or if you are considering a shorter-term move to the USA, there is a broader range of visas to explore, some of which can offer a direct path to a Green Card after a qualifying period of residency in the US.

 

H-1B Visa for Specialized Workers

 

The H-1B visa is for an individual who has secured an offer of employment to perform a highly specialized role with a qualifying US sponsor. This visa is temporary allowing an initial stay of 3 years with the possibility of extending in increments up to a total of 6 years, at which point you may become eligible to apply for US permanent residence.

To qualify for the H-1B visa you will need to have a bachelors, equivalent or higher degree relevant to the specific speciality for the employment in question.

This route is however subject to a visa cap and highly oversubscribed. An offer of employment and meeting all the H-1B requirements are therefore no guarantee that you will be successful in the H-1B visa lottery.

You may bring dependents to the US with you as a H-1B visa holder. They will need to apply under the H-4 visa category.

 

L-1 Visa for Intracompany Transfers

 

The L-1 visa is designed to facilitate intra-company transfers for non-US workers to a US branch or subsidiary. Permission under the L1 visa is temporary, for a maximum of 12 months. Extensions can be granted for up to a total of 7 years in 2-year increments. L-1 visa holders may also become eligible for Green Card.

The L-1A visa enables a US employer to transfer an executive or manager from an affiliated foreign office to its US offices.

The L-1B visa enables a US employer to transfer a professional employee who has specialized knowledge essential to the business.

As an L visa holder you may take your spouse and children under the age of 21 with you. Family members will need to file an L-2 dependent visa application. A spouse who is in the US on an L-2 dependent visa may apply for an Employment Authorisation Document which will allow them to legally work in the USA.

 

O-1 Visa for Exceptional Talent

 

To apply for non-resident status as a person who demonstrates extraordinary ability in their field, you would need an O-1 visa. These visas are normally valid for up to 3 years, however if you are continuing with the same position or activity you may extend the visa in 1 year increments for an unlimited period of time. If you change employer, however, you will need to apply for a new O-1 visa.

O-1A visas are for individuals with extraordinary ability in science, education, business or athletics. To have extraordinary ability means that you must have national or international acclaim in your field and be in the top percentage in your chosen endeavour.

O-1B visas are for individuals who have extraordinary ability in the arts including motion picture and television industry. To qualify as having extraordinary ability in the arts you must be able to demonstrate that you have a high level of achievement and are prominent, leading or well-known in your field. Extraordinary ability in the motion picture or television industry is evidenced by you be recognised as having a degree of skill and are notable or leading in the motion picture/television industry.

Key personnel can join O-1 visa holders under the O-2 visa, while spouses and children under the age of 21 may accompany an O-1 visa holder and will need to apply for an O-3 visa. O-3 visa holders may not work in the US, but may engage in full or part-time study.

The O-1 visas are not statutorily recognised as dual intent visas, but have the unusual status of not requiring the holder to maintain a residence in their home country and can in some circumstances lead to eligibility for an Extraordinary Ability Green Card.

 

E-Visas for Entrepreneurs, Investors and Traders

 

If you are intending to stay on a temporary basis for business reasons, one of the E visas may suit your needs. E visas are not intended as a pathway to a Green Card, so if your ultimate goal is US permanent residence, you would usually need to consider a different visa.

E visas are valid for up to 5 years, but may be extended as many times as you like, provided you continue to meet the visa eligibility requirements.

Dependents (e.g. spouse and children under the age of 21) can apply to join you to the USA on an E visa, by applying for a derivative E visa.

The E-1 visa is a nonimmigrant trader visa for an individual who wishes to conduct a substantial amount of trade in the USA. An owner or essential employee of the company can apply for an E-1 visa providing they meet the set criteria. As an owner you must firstly be a national of the treaty trader country and also own a minimum of 50% of the business. Your trade in the US needs to amount to a minimum of 50% of the overall business trading.

To qualify as an employee of the company, you need to be an essential part of the business and have an executive/supervisory role.

The E-2 Treaty investor visa is for an individual who wishes to invest substantial amounts in the US, creating jobs for US citizens. You must be a citizen or permanent resident of the Treaty country. You need to be able to demonstrate that you are investing a substantial amount relative to you investment venture.

Your sole purpose for entering the USA must be to develop or run the enterprise. You should have either a minimum of 50% invested in the business or be working in an executive or managerial role.

 

K3 Visa for Spouses

 

The K-3 spouse visa is for individuals already married to a US citizen but awaiting approval of their immigrant visa. This visa allows the spouse to live in the US temporarily while their Green Card application is processed. The K-3 visa is often used to minimize the time spouses are separated during the lengthy visa process.

 

Summary

 

Moving to America from the UK involves obtaining the right visa to live, work, or study in the United States. The most common routes include employment-based visas, family sponsorship, or the Green Card lottery. Employment-based visas, such as the H-1B for skilled workers or the L1 for intracompany transfers, require a job offer from a US employer. Family sponsorship allows US citizens or permanent residents to sponsor close relatives, while the Green Card lottery provides a chance for individuals from eligible countries to apply for permanent residency.

Applicants need to carefully consider the visa requirements, processing times, and costs. Securing a work visa often requires meeting specific qualifications, such as educational credentials or specialised skills. Financial requirements also apply, especially for family sponsorship, where the sponsor must demonstrate the ability to support the applicant.

Key risks include visa delays or denials, which can result from incomplete applications or failure to meet eligibility criteria. Processing times can be lengthy, especially for certain visa categories. Once in the US, applicants must adapt to different healthcare, taxation, and legal systems. Careful planning, proper documentation, and understanding the long-term implications are essential for a smooth transition to life in the United States.

 

Need Assistance?

 

NNU Immigration specialize in advising UK nationals on their options to work or relocate to the USA, whether that is for your job, to start up a new business, make investments or to be reunited with loved ones.

Contact us for help with your US work immigration options to make the move from the UK to the USA.

 

How to Move to America from the USA FAQs

 

Can I move from UK to USA?

Before you can emigrate to the US, you will need to make sure you have the relevant permission. If you have US citizenship, perhaps through birth, you won;t need to apply to come to teh US live. If you’re a non-US resident and national you’ll need to apply for a visa. The US visa options will depend on your circumstances. For example, if you’re married to a US citizen, you could be eligible for the spouse visa and marriage Green Card. Or, if you want to invest in a new or existing companh in the US, you could look at the E-2 visa. Take advice on your circumstances to ensure you apply for the most appropriate route.

 

Can I live in the US as a UK citizen?

UK citizens must have permission to be able to live in the US. To move to the US on a temporary basis, you sholld apply for a nonimmigrant visa, such as an E2 visa for investors or an L1 visa for intracompany transfers. To live in the US on a permanent basis, you will need to apply for an immigrant visa, such as the marriage Green Card if your spouse is a US citizen.

 

Can I move to America without a job?

Whether you need a job will depend on the type of visa you’re applying for. The L1 visa, for example, is contingent on your job with the overseas employer, whereas the O-1 visa does not require proof of employment. Family-based visas also do not require you to have a job to be eligible.

 

How much money do you need to move to America?

Applying for a US Green Card can cost in the region of $10,000 as a ballpark figure. The exact costs will depend on factors such as the route you are applying under and whether you take professional advice with your application.

 

Do I need a visa to move to the US from the UK?

You will need a visa to live, work, or study in the US. Common visa options include work visas, family sponsorship, and the Green Card lottery.

 

What is the Green Card lottery?

The Green Card lottery, also known as the Diversity Visa Program, offers a limited number of permanent residency visas each year to citizens of countries with low immigration rates to the US, including the UK.

 

Can I work in the US without a work visa?

You must have authorization to work in the US, which for most foreign nationals means having a valid work visa. Popular work visas include the H-1B for skilled workers and the L1 for intracompany transfers.

 

How long does it take to get a Green Card?

The process can take several months to years depending on your visa type and category, the country of origin, and the specific circumstances of your case.

 

Can my family move with me to the US?

If you receive a visa, your spouse and children may also be eligible to move to the US. Family members often receive derivative visas based on your visa category.

 

Do I need a job offer to move to the US?

In many cases, such as with the H-1B or L1 visas, a job offer is required. However, there are other pathways like family sponsorship or investment-based visas that do not require one.

 

Glossary

 

Term	Definition
Visa	A document granting permission to enter and stay in the US for a specific purpose, such as work, study, or travel.
Green Card	A document granting permanent residency in the US, allowing the holder to live and work indefinitely.
Work Visa	A visa category allowing individuals to work legally in the US, including the H-1B, L1, and E2 visas.
Immigrant Visa	A visa allowing the holder to enter the US with the intention of living permanently, often leading to a Green Card.
Non-Immigrant Visa	A visa allowing temporary entry to the US for purposes like tourism, work, or study, without intent to stay permanently.
USCIS (US Citizenship and Immigration Services)	The government agency responsible for processing immigration and visa applications, and overseeing lawful immigration to the US.
EB-5 Visa	An immigrant visa category for investors who make a substantial investment in a US business, leading to potential permanent residency.
Family Sponsorship	A process where a US citizen or permanent resident sponsors a family member for a visa or Green Card to move to the US.
Adjustment of Status	A process allowing individuals already in the US to apply for a Green Card or permanent residency without leaving the country.
Naturalization	The process by which a foreign national becomes a US citizen after meeting residency and other legal requirements.
Social Security Number (SSN)	A unique number issued to US residents, used for tax and employment purposes, and required for accessing certain government services.
Relocation Services	Companies or services that help individuals and families move internationally, including logistics, housing, and legal assistance.
Consular Processing	The process of applying for a US visa through a US embassy or consulate outside the US, typically used for immigrant visa applicants.
Visa Waiver Program	A program that allows citizens of certain countries, including the UK, to travel to the US for short stays without obtaining a visa for tourism or business.