Right to work in the US? Visa etc.

[AudiSport]

I’m a UK citizen, and my old boss is keen for me to relocate to the US, and join his company - he is not sure how to secure a visa for me, as most seem linked to overseas transfers, which this is not.

Any ideas how I can secure a visa? And, how I can get my wife a visa, and right to find a job / work in the US too?

[mikef]

Short answer - if you’re a UK Citizen, then you can’t. He can employ you in the UK, then apply for an intra-company transfer visa in a year or two. The L1 visa could take up to 6 months to come though and will cost the company a fair amount

[AudiSport]

WOW, I wasn’t expecting this, I thought working in the US was a thing - I didn’t appreciate it was internal transfer only… Gutted.

How about if I set myself up as a company, can I work out there on a contract basis?

[mikef]

You can’t. Be very careful of “creative” workarounds or you are likely to find yourself deported and banned for several years

You might be able to explore a treaty trader (E) visa with a visa attorney, but that only applies in very specific circumstances depending on the nature of the employer’s business

Work visas (H) are limited each year with no guarantee - they are typically used for Asian graduates

[StevieBee]

AudiSport said:

How about if I set myself up as a company, can I work out there on a contract basis?

Yes....but......

You can obtain a 10 year visa (though maximum single stay in any 12 month period is 6 month, IIRC) and you are entitled to carry out business whilst there. However, you must not receive payment from a US entity for this. Instead, your UK registered company will bill your US registered 'client' (technically your employer) for the services provided. They will pay your UK company and it is from your company that you draw your salary. This is how musical artists and sportspeople earn their money when performing or competing there.

The problem is that by the time the money reaches your personal bank account, much will have been lost to currency fluctuations, various taxes and what not so financially, it may not be worth it unless you're talking big-bucks. You'll also have IR35 to navigate in the UK.

But it is not entirely impossible to move there. A friend moved there many years ago and now lives in Michigan. He mentioned that a lot of Brits move first to Canada and live there for a couple of years as it's easier to manage the 6-in-12 max stay thing from there.

How did your former boss manage it?

Edited by StevieBee on Wednesday 12th June 07:38

[Blib]

Isn't there a special arrangement for Iriah passport holders?

OP any Irish ancestors?

[mikef]

For completeness, there are several visa types available that allow working in the US (ie being employed there full-time) including
E1 - treaty trader
J1 - academic (that's what my wife held)
L1A - intra-company executive transfer (that's what I held)
L1B - specialist worker intra-company transfer
L2 - spouse or dependent adult children of above
H1-B - speciality worker holding a relevant bachelor's degree - strict limit on numbers each year, many apply for several years
O1 - extraordinary ability in science, arts, athletics etc
P1 - Athletes, entertainers, artists
R1 - Minister of religion

Edited to add that of all these, I'm pretty sure that the L1 intra-company transfer is the only one that will allow your wife to also work on a derivative L2 visa (and even that is a relatively recent concession) - otherwise she will have to qualify for a work visa in her own right

There is also a limited annual Diversity Visa lottery (next one is DV2026), which UK citizens became eligible for starting with DV 2025, previously there were too many Brits already in the US on visas so we were excluded

Edited by mikef on Wednesday 12th June 09:01

[mikef]

Blib said:

Isn't there a special arrangement for Iriah passport holders?

OP any Irish ancestors?

I don't believe so

There is an exception for Australians, the E3 visa, in case OP was born there

[AudiSport]

Blib said:

Isn't there a special arrangement for Iriah passport holders?

OP any Irish ancestors?

My father is Irish, and I am eligible for an Irish passport!

[Mont Blanc]

AudiSport said:

Blib said:

Isn't there a special arrangement for Iriah passport holders?

OP any Irish ancestors?

My father is Irish, and I am eligible for an Irish passport!

There is no special arrangement for Irish passport holders.

[vaud]

mikef said:

For completeness, there are several visa types available that allow working in the US (ie being employed there full-time) including

J1 - academic (that's what my wife held)
L1A - intra-company executive transfer (that's what I held)

Out of interest why did your wife not get an L2 on the back of your L1A?

[mikef]

vaud said:

Out of interest why did your wife not get an L2 on the back of your L1A?

At that time, L2 holders were not entitled to work

And she was offered her research position before my own company asked me to transfer to their California HQ


A disadvantage of the intra-company transfer L visa is that it's not transferable to a new employer. If the L1 holder loses their job (for whatever reason), then both the L1 holder and any derivative L2 visa holder has a very short time to either leave the US or obtain a different visa

By holding different visas we could each become a dependent of the other, if either job fell through

Edited by mikef on Wednesday 12th June 12:06

[Matt Harper]

mikef said:

For completeness, there are several visa types available that allow working in the US (ie being employed there full-time) including
E1 - treaty trader
J1 - academic (that's what my wife held)
L1A - intra-company executive transfer (that's what I held)
L1B - specialist worker intra-company transfer
L2 - spouse or dependent adult children of above
H1-B - speciality worker holding a relevant bachelor's degree - strict limit on numbers each year, many apply for several years
O1 - extraordinary ability in science, arts, athletics etc
P1 - Athletes, entertainers, artists
R1 - Minister of religion

Edited to add that of all these, I'm pretty sure that the L1 intra-company transfer is the only one that will allow your wife to also work on a derivative L2 visa (and even that is a relatively recent concession) - otherwise she will have to qualify for a work visa in her own right

There is also a limited annual Diversity Visa lottery (next one is DV2026), which UK citizens became eligible for starting with DV 2025, previously there were too many Brits already in the US on visas so we were excluded

Edited by mikef on Wednesday 12th June 09:01

Interesting that you omitted E2, which is an option the OP may well qualify for...

I have been beneficiary to L-1A, B1, E2 and H-1B as an employee and sponsor of L-1B and H-1B as an employer.
Depending on the nature and origins of the US company's business, I think the OP may have more than one option...

[vaud]

mikef said:

At that time, L2 holders were not entitled to work

And she was offered her research position before my own company asked me to transfer to their California HQ


A disadvantage of the intra-company transfer L visa is that it's not transferable to a new employer. If the L1 holder loses their job (for whatever reason), then both the L1 holder and any derivative L2 visa holder has a very short time to either leave the US or obtain a different visa

By holding different visas we could each become a dependent of the other, if either job fell through

Edited by mikef on Wednesday 12th June 12:06

Makes sense. That was one aspect we considered when I was offered an L1A through work.

[mikef]

Matt Harper said:

Interesting that you omitted E2, which is an option the OP may well qualify for...

I mentioned E visas in an earlier reply. That really needs expert analysis of the nature of the employing business as well as the role. A buddy of mine moved to NY on an E visa, when his UK company had a small off-shoot there

[Matt Harper]

I think it is E2 specifically, that potentially applies. With a little more information regarding the petitioner's business set-up, we may be able to provide a more informed opinion.

[mikef]

I may be wrong, but if the employer was a Treaty Investor, I suspect they would know that, and also how to obtain E-2 employee visas. More info needed