The United States is still a pioneering country where people go to seek their fortune, but moving to the USA can be a difficult process. There are many different types of visa and these do not all provide work permits, especially for the spouse. Obtaining the elusive Green Card can literally be a lottery.
Everyone who wants to move to the USA will need to apply for a visa. In the majority of cases the move cannot be achieved without a company sponsor of a visa such as the L1 or H1B, where they can show that they have a job waiting. Students and family members can often obtain the necessary permission without guaranteed work but anyone else must show that they will be able to support themselves.
Types of Visa for Moving to the USA
There are over thirty variations of visas for entry into the United States but they group firstly dependent on whether the move is intended as an immigrant (permanent move) or non-immigrant (temporary move). Immigration requires a close family relationship or a solid employment sponsor whereas a temporary stay for studying or seasonal work can be more easily obtained.
Emigrating to the USA
It is not possible to simply decide to emigrate to the USA without first having a family connection or developing a work relationship. The exception to this statement is the group of people who have a special connection with the USA, such as Iraqi interpreters, who can directly apply for immigration.
Another special case is for people who come from countries where there is a very low number of applicants. These are termed 'diversity visas' as the USA is very keen on diversity and applicants will not necessarily need a sponsor.
See the official US Department of State Immigrant Visa Page
A Temporary Move to America
If the stay is for a holiday then most people can arrive in America through the Visa Waiver Program (VWP). This is intended only for vacation or short business trips of less than 90 days. The vast majority of visas are very short term to allow participation in a sporting event; obtain medical treatment; take part in religious activities or assist with seasonal work such as short term farming requirements (like fruit picking).
See Types of Visas for Temporary Visitors
Senior Position Working Visas For the USA
If the intention is a temporary stay of a few years in America then most people will need to have a senior position in a company and be sponsored into a role where it can be demonstrated that there is not an American who can do the same work.
The two work visas that apply are the H1B and the L1 visa. The difference between them is that the H1B is a sponsored relocation into a new company whereas the L1 is an intra-company transfer from a foreign branch of a US company. More Details can be found in the article: How to Relocate to the USA
Work Permits For Dependants of Visa Holders
If an L1 visa is obtained that provides for a permanent working position then the spouse of the visa holder will automatically be entitled to a work permit although this will still need to be applied for. An article describing the issues of dependents can be found at: Dependents Wanting to Work In the USA
If the intention is to live and work in the USA permanently then it will be necessary to apply for a Green Card. This authorization grants permission to become a permanent resident and is highly sought after but very difficult to obtain. The Green Card is only given to family members of US citizens or people with an employment offer certified by the US Department of Labor. See US Citizen and Immigration Service
There are special cases but anyone from a selective list of countries are invited to enter the Green Card Lottery ! This completely random contest provides for 55,000 lucky entrants each year. To apply it is necessary to go online at: The Official USA Green Card Lottery
It can be seen from the description above that the main concern of the American government is that the applicant can support themselves. Anyone thinking of moving to the USA should therefore first look for employment opportunities and obtain a sponsor.
Dave Corby - Dave Corby is Director of Engineering Software for a large American inspection company.
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