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FAQs: Emigration to the USA


How do I go about emigrating to the USA?

If you are looking to move to the USA for any reasonable length of time you will need to obtain a visa prior to departing. The USA, unlike many European or Commonwealth countries, does not operate a point-based system to qualify for entry. Neither is there a specialist entry procedure for people with specialist trades. You must therefore try and fit within one of the special classes of visa.

Can I use my employment to get a Visa?

Yes, there are two main methods. The first one of these is by buying in a business in the USA. You will then be allowed to apply for an E2 visa in order to live in the USA to run the business. The second method is by being transferred by your current employer to its American office, on an L-1 visa. However, you must have at least one full year employment in the last three years and be a manager or higher in order to utilise this method.

Could any of my relatives in the US sponsor me?

In order to be able to sponsor you for emigration purposes your relative must be considered immediate family: This includes your spouse, parents, siblings or children. Additionally, to be allowed to sponsor you, your relative must be a US citizen or a permanent resident (a Green Card holder). 

Would investing in a business in the USA allow me to get a visa?

Yes, although in order to qualify using this method a substantial investment is required around £500,000. The benefit of this is whereas the E2 visa only allows you to stay and run the business, an EB-5 visa however allows you to stay and has no requirement to work. 

How could a solicitor help me?

A solicitor will be able to advise you which of the available methods are best for you, taking into account how long you want to stay in the USA. They will also be able to advise you as to the cost of each of the respective applications and help you with completing the relevant forms.  
If you would like to obtain legal advice on emigrating to the USA, Caven can put you in touch with a local solicitor free of charge. So, if you have any questions or would like our help in finding local solicitors please call us on 0800 177 7162 or complete the web-form above.


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