US Immigration law allows foreign residents to enter the US on various types of work visas. These work visas are time-limited-based in the United States. The characteristics of the "temporary work visa USA" and some of the numerous choices now available are discussed below.
A speciality occupation Visa or the H1B Visa is a temporary visa for graduate-level applicants who have specialization in a certain field and want to work in the US in the specialised field having any technical or theoretical expertise.
The requirement for an H1B Visa is that the applicant must have a bachelor's or higher degree and relevant speciality in the field for which sponsorship is sought. However, there is no legal definition of what constitutes a speciality occupation. It is up to USCIS to assess if the job is eligible and whether you, as the potential employee, are qualified to fill the position.
You may be able to demonstrate degree equivalency through work experience and/or other qualifications if you do not have a bachelor's or higher degree. You must also be able to demonstrate that your subject of study or professional experience makes you particularly suitable for the position.
Your potential employer must file a labour condition application with the Department of Labour, as well as an employment-based petition with USCIS, before filing for an H1B visa.
This type of Visa is provided to Foreign applicants already working in an international organization who has a branch, a subsidiary or affiliate in the US in the same company and in the same field of specialization.
L1 Visa is also provided to employees of a company who are sent to the US to open a new office. In Both cases, before you apply for L1 your employer will have to file a petition on your behalf to the USCIS Unless the organisation often transfers several employees and, as a result, it has a blanket petition in place.
L1 Visa has further 2 types the L1-A & L1-B. To qualify for L1-A you must be at the managerial or executive level in the organisation & to qualify for an L1-B visa the applicant must have specialized knowledge of the products or processes within the organisation and the applicant must work in a similar field in the US. You must also have worked for the company for one year in the three years prior to your visa application.
If you have a special talent in you and are recognized by the state and you are able to demonstrate your extraordinary ability then you are eligible to apply for O-1 Visa. You will have to work in the US in the professional field of your extraordinary ability.
This visa category is for people who have been recognised for their remarkable aptitude or have a track record of extraordinary performance in one or more fields.
O-1 Visa has 2 types the O1-A & O1-B, the O1-A VISA is for persons with extraordinary ability in science, business, education or related fields.
O1-B is for persons with extraordinary ability in Arts, the television industry and related fields. To qualify for this type of VISA you must have national or international recognition in your field and be willing to travel to the US to continue working in your field.
To apply for an O1 visa, you'll need a US sponsor to petition USCIS on your behalf, just like you did for the L1 and H1B visas.
If you don't have sponsorship & it is not for you, there are also other opportunities to consider travelling to the US, such as investing in or running your own business in the United States. However, as an entrepreneur, you'll either need existing commercial ties with the United States or a large sum of money to invest in a US company.
If you are a trader or investor and intend to visit the USA for trading and investment in small businesses in the US then you will be required to submit your VISA category E1 & E2. These types of VISA are non-immigrant VISA and provided to countries with which the USA has signed a treaty of business & commerce. The UK is one of those countries and UK citizens can apply for E1 & E2 VISA to travel to the US.
For those of you who already have established economic ties with the United States, at least 50% of your foreign trade must be with America to be able to apply for a treaty trader visa.
If you want to invest in a US company, the minimum amount for a treaty investor visa is usually US$100,000, though in unusual situations, amounts as little as US$50,000 may also be considered.
You must be going to the United States to engage in considerable trade in either goods, money, or services, primarily between the United States and your treaty countries, and to build on an existing trading connection under E1 Visa. You may also qualify for the E1 visa if you are a senior employee in an executive or managerial capacity, or if you have talents that are critical to the company's functioning in the United States.
under an E2 Treaty Investor visa you must be coming to the United States to form and direct the operations of a bonafide business in which you have invested, or are in the process of investing, a substantial amount of capital, or to work in the business as an executive, supervisor, or essentially skilled employee.
After sponsorship is secured or the petition approved by USCIS you will have to submit the Visa application and schedule a date for the interview. If your application for a US work visa is approved after your interview, you will be permitted to go to the United States and work in the capacity for which permission was requested.
The entry into the US will merely now depend on the immigration officials to determine your eligibility to enter the US because a visa simply means that a consular officer has assessed that you are eligible to enter the United States for that specific purpose. Immigration officers at the point of entry will decide your eligibility for entry into the nation at their discretion.
You will be authorised to remain in the United States for a certain period of time after being accepted into the country on a temporary or non-immigrant visa unless you violate your visa terms and conditions.
Depending on the nature & category of your visa, you may be eligible to apply for lawful permanent residence, often known as a green card, which allows you to live and work in the United States indefinitely.
America is known for providing a wide variety of opportunities for immigrants from across the world. British workers have great appeal in the USA and they can move to the USA for their existing jobs, new jobs, for setting up their own business or any other relevant opportunity. To avail these opportunities you have to start working to get the right permit to enter and work in the USA.
If you want to enter and work in the USA it is very important to make sure that you apply for the type of visa required to travel into the USA, The type of visa depends on the tenure of your stay in the USA & the reason for your travel. Here are some questions with answers that will make you clear about the visa options that are available for you.
The visa type will depend on the tenure of your stay in the USA whether you are going on a temporary basis or are planning to move to the USA permanently. It also depends on the purpose of your visit.
Listed below are some of the types of US visas you may require for a temporary stay in the USA:
If you are a student and possess an admission letter from any university in the USA you will be required to submit an application under the student visa category F & M to get a visa from the US embassy to travel into the USA.
If you are a trader or investor and intend to visit the USA for trading and investment in small businesses in the US then you will be required to submit your visa category E1 & E2. These types of visas are non-immigrant visas and are provided to nationals of countries with which the USA has signed a treaty of business & commerce. The UK is one of those countries and UK citizens can apply for E1 & E2 VISA to travel to the US.
For those applicants who already have established economic ties with the United States, at least 50% of your foreign trade must be with America to be able to apply for a treaty trader visa.
If you want to invest in a US company, the minimum amount for a treaty investor visa is usually US$100,000, though in unusual situations, amounts as little as US$50,000 may also be considered.
If you are working in a British company and your employer transfers to any of the British company’s branches in the US you need to apply for L1-A & L1-B. The L1-A category is for managerial level executives and the L1-B is for employees of the company with a speciality in any process of the organization.
The L1 type VISA is a temporary visa and it is a non-immigrant visa, which allows, the applicant to travel to the US because of the employer with which the applicant is working. For this visa type, the employee must have completed one year of service with the organisation through which their visa is processed.
If you wish to move to the USA and apply for a visa for workers in speciality occupations, you will be required to apply for an H1-B category visa. This type of visa is a temporary visa for professionals who want to work in a job role and possess technical knowledge and expertise in the job.
To qualify for this visa you must have a graduate degree or higher with job experience along with a valid job offer from any US company that can process your visa and immigration services on your behalf.
This visa category is for people who have been recognised for their remarkable aptitude or have a track record of extraordinary performance in one or more fields. The O1-A visa is for persons with extraordinary ability in science, business, education or related fields.
The O1-B is for persons with extraordinary ability in Arts, the television industry and related fields. To qualify for this type of visa you must have national or international recognition in your field and be willing to travel to the US to continue working in your field.
If you are a British citizen and are a media professional needing to enter the US for a short-term assignment or related matter, you will be required to apply for an I-Visa type to travel to the US. To qualify for this Visa you will have to prove your purpose of visit and tenure in the US.
As a British citizen if you want to move to the US permanently you have options to apply for an immigrant Visa in various ways. The best way is through your family member sponsoring you from the USA if they have US citizenship and if you have no family ties in the USA you can apply on different employment routes. This includes individuals with extraordinary ability or specialisation in a specific field, who can move to work in the field of specialisation. You can apply for a skilled workers visa for moving to work in a special role in the US.
A green card will give you permanent lawful residence in the United States, but it will not allow you to stay in the country permanently because after every ten years you will have to renew the green card.
However, after a certain number of years as a lawful permanent resident, you may be eligible to petition for US citizenship. There is also an option of a dual intent visa, which will lead to permanent residency in the US. The category L & O is considered a dual intent visa because after entering the US this visa can lead to permanent residence in the US.
Through the Visa Waiver Program, the US permits 38 countries' citizens to enter the US for 90 days without a visa for business or tourism purposes. But through this program, you cannot use it for employment or permanent residency purposes.
This visa will not be suitable for British citizens wanting to live and work in the US permanently or wanting to migrate to the US permanently. We can help you get your visa for the US. Contact us & discuss your case with our immigration expert.
There is a United States visa option only available to citizens of Pakistan. This visa is called an ‘E-2 Treaty Investor visa’ and is a result of a bilateral treaty between Pakistan and the United States.
The E-2 is a great option for citizens of Pakistan wishing to work, live or retire in the United States. The visa can be renewed indefinitely so long as the underlying investment continues to exist.
Further, the spouse of the main applicant and their unmarried children under the age of 21 can also obtain visas by virtue of their relationship with the main applicant. New rules allow the spouse of the main applicant to automatically receive employment authorization in the United States.
A crucial aspect of the E-2 is the investment. This usually involves buying or investing in an existing business or starting a new business. The conditions are:
The regulations give an example of a $100,000 investment. If the main applicants wish to retire – in effect, hiring a US-based staff member to manage their investment, the minimum investment might need to be a bit higher to keep the investment viable.
Once the E-2 investment has been made it is only necessary to ensure that the majority of the investment and ownership remains in Pakistani hands. An E-2 principal applicant can potentially retire or not work at all. They may work for the E-2 but so long as the investment continues to exist, they are not required to work.
Many E-2 holders also use the E-2 to allow their spouse the ability to quickly take up employment in the United States for a company which they otherwise could not get a visa easily or quickly for or to start their own business which may not immediately meet the E-2 requirements.
It is important to note that the investment does not all have to be cash held by the principal applicant. So long as the funds are ‘at risk’ or invested the funds may also be provided via loans to the principal applicant.
Many types of business could qualify for an E-2, if you would like to discuss further, we would be happy to talk through your ideas.
Once an E-2 entity has been established in the United States it is possible to obtain visas for Pakistani nationals to come to the United States to work for these entities in the position of manager or specialists using their specialized knowledge. These employees may obtain E-2 visas for their spouses and children under the age of 21 as well.
We would be happy to discuss any US immigration-related questions and can assist at every stage of an E-2 journey – from initial planning to compliance.
On 17th February 2022, Home Secretary Priti Patel announced abruptly that she had closed the Investor visa category to new entrants. She enthusiastically tweeted, “I’ve closed the Tier 1 Investor visa with immediate effect following our review of all those granted. This is just the start of our renewed crackdown on fraud and illicit finance.”
The move came as quite a shock to many of us UK immigration practitioners due to how quickly it happened. Usually, changes are announced 21 days before they occur but the shock and awe approach was deliberate due to concerns from the Government that announcing an end to the category would lead to an influx of applications. The Home Secretary’s wording regarding a review of existing visa holders was particularly concerning as a large number of international investor clients work extremely hard to comply with the Home Office’s already stringent rules, with a genuine wish to invest in the UK.
The Investor visa category first emerged in 1994. Applicants were required to have a minimum investment of £1 million, with at least £750,000 to be invested in UK government bonds or active and trading UK-registered companies. The remaining £250,000 could be held in a UK bank account or used to purchase UK-based assets such as property.
Over the years the requirements were adapted to include the ability to access loan facilities if the applicant had £2 million in personal wealth, fast-track access to Indefinite Leave Remain, depending on higher levels of investment and in 2014, an attempt was made to make the route more profitable to the UK by raising the minimum investment threshold from £1 million to £2 million, with an added requirement that 100 percent of the funds be invested. Loan-based investments were also disallowed.
Between then and the changes last week, there have been concerns about the potential to abuse the visa category, with an increase in applications from Politically Exposed Persons (PEPs) and funds acquired illegally being used for the application, thus concerns of money laundering through the UK immigration system.
While these concerns are legitimate and there are no doubt individuals who have attempted to use the system to their benefit, there are also a significant number of investors who are genuine, who have only looked to boost the UK economy and are attracted to the UK and all it can offer for their families including top schools and a way of life. For those, the change is disappointing.
Many clients have already jumped through the numerous compliance hurdles, including criminal record checks, evidencing the source of funds, demonstrating these funds have been held for two years, ensuring they already had funds in a UK bank account, the opening of which should have triggered a high level of “know your client” due diligence as an additional level of protection to the Government.
For these clients and their families who are already in the UK on the visa route, it will be possible to extend their status for a further two years, apply for settlement, or for their family members to join them in the UK, however with potentially more rigid conditions.
The Government have said that a new version of the category could be introduced but following the replacement of the Entrepreneur visa with the Innovator/ Start-up schemes, which have not been as popular as their predecessor, it remains to be seen how the Government will attract investors, particularly those who may have been going through the expensive steps of the initial process before the category was so brutally shut without notice.
If you are an existing Investor visa holder and have a query about your status, or if you wish to receive advice about alternative visa routes following the closure, you can contact Rhona at [email protected] for further guidance.
Rhona was recognised in the Legal 500 rankings for 2022 as a “Key Lawyer” for her business and personal immigration arrangements expertise.
As part of our new website launch, we would like to reintroduce you to our team. Today’s post features our Head of Business Immigration, Rhona Azir. Rhona is a former newspaper journalist who embarked on her legal studies and career in 2009.
Now a dual-qualified Solicitor and Chartered Legal Executive in England and Wales, Rhona works remotely from Milton Keynes but assists clients and travels to meetings throughout the country.
Rhona’s role involves helping businesses and high-net-worth individuals navigate the rules relating to obtaining a visa to invest in, setting up a business, employing migrant workers, or working in the UK. Colleagues have described her as a “safe pair of hands” for combining attention to detail with knowledge gained through almost ten years of immigration experience.
The highlight of her career has been assisting a young client with a discretionary application to remain in the UK to access necessary cancer treatment and being listed as a “Key Lawyer” in the Legal 500 rankings for 2022 for business and personal immigration.
Also a budding advocate, Rhona aims to qualify as a solicitor advocate and is looking forward to getting more involved with the firm’s immigration litigation work.
Rhona has two young children and loves taking them for walks to the many lakes and nature reserves in Milton Keynes. She enjoys ice skating, ballet, learning languages, and looking into the history of her Trinidadian and Indian heritage.
Appendix EU defines the required date as before 1 July 2021 unless there are present reasonable grounds.
(aa)before the 1 July 2021 Unless
(bb) where the Secretary of State is satisfied by the information provided with the application that, at the date of application, there are reasonable grounds for the person’s failure to meet the deadline in Sub-Paragraph (a)(i)(aa) on or after 1 July 2021.
Where a parent, guardian or Local Authority has failed to apply on behalf of a child under the age of 18. This will normally be considered to be within the scope of reasonable grounds for the child. Including where they are now an adult. This may mean that this child will not have applied for EUSS for months or even years after the deadline has passed. This may also be in a situation that they did not realise that they needed to apply, until they required evidence of their right to work or study in the UK. In this instant once this child now an adult applies under the EUSS and will constitute reasonable grounds.
Parents made applications for themselves and did not think they needed to for their children, so no child was submitted.
Parents of children ignored the settlement scheme and did not apply for themselves or their children.
The child was in care, and the Local authority overlooked the need to apply for his child.
‘H’ the relevant EEA national arrived in the UK and subsequently become homeless being forced to live on the street, he was later offered employment with food and living accommodation instead of pay. To secure this employment, ‘H’ was forced to surrender his passport to the employer. the employer failed to return the passport to ‘H’. There are present reasonable grounds to suggest ‘H’ is a victim of modern slavery.
‘L’ a non-EEA national and the spouse of her EEA national husband, has faced years of domestic abuse from her husband, both physical and mental. she has a small child and fears her husband will take the child from her. ‘L’ husband keeps control of her every communication and movement and further keeps all her documents, including her passport. As a result of this situation, she was not able to apply for EUSS within the relevant deadline. This situation will constitute reasonable grounds for late application.
‘K’ is an EEA national; she is 80 years old and suffers from dementia, ‘K’ lives in a care home as she struggles with everyday tasks. The care home staff forget to apply for EUSS for ’K’ and only complete the application process after the deadline date this will satisfy the reasonable grounds threshold.
‘M’ is 27 years old, he contracts COVID-19 and is hospitalised. He is seriously unwell and is placed on a ventilator, and as a result, he is not able to apply under the EUSS until much later, this will constitute reasonable grounds for late application.
N has been resident in the UK since 2014 and was sentenced to imprisonment for 6 months. The prison confirms that there had been practical difficulties in facilitation and assisting prisoners with resettlement-related applications. This situation will constitute reasonable grounds for late application.
P is homeless and has been living on the street and did not have access to a computer or documents and is not able to apply as a result he applies much later having been granted the required support from the local authorities this will constitute reasonable grounds for late application.
The case may be that a person may not have been able to obtain the evidence they needed to submit in support of their EUSS application for compassionate reasons including in light of the COVD-19 pandemic such as not being able to provide the required identity documents to verify nationality owing to the delays in processing documents from their country of nationality as a result of a national lockdown attributed to the COVID-19 Pandemic in such instant a person applies late this will satisfy the reasonable ground threshold.
In each event, the long and short of it all is that you must apply as soon as reasonably possible and if you wish to rely on reasonable grounds for late application, this will need to be supported by documentary evidence to be successful.
Therefore, for those who have not yet applied for the EU settlement scheme because of their particular unique circumstance, all is not lost. You may contact our office for further guidance and assistance in the submission of your application under the EU settlement scheme.
Fair asylum procedures establish public confidence in the legal system and compliance with our international duties. The UK’s post- Brexit conclusion and current restrictions on who can access legal assistance fall short of a more just and structured asylum system.
Some of the most vulnerable members of society are the people coming to the UK seeking asylum and we truly believe that these people should be treated with the same respect and compassion.
After years of debate, Britain finally separated from the EU on January 1, 2021, which also marked the end of its participation in the Dublin Regulation. As a new chapter on how the country chooses to manage asylum arises, the government has been approaching the issue with hostile rhetoric and policy.
As a reputable immigration solicitors team, our mission is to help asylum seekers get to a safer place, by advising them on all of the options possible. This can include applications and/or appeals on the basis that your human rights have been put at risk of being infringed.
If you have decided to claim asylum or make a human rights application, you may need legal advice on all options open to you.
We can advise you about the steps and procedures as well as prepare a detailed application, assist with court appeals and judicial reviews, and challenge refusals of asylum through our No Win No Fee Scheme.
Claiming asylum is a very complex process, and could be a very stressful experience especially if you are new to the UK and do not have strong English language skills.
We understand the dilemma of having to adjust to the many stages, but we will be with you from start to finish, making sure you have a grasp of the whole process.
With a proud history of fighting for the rights of thousands of refugees and families seeking asylum, Deo Volente Solicitors has become one of the UK’s trusted immigration solicitors firms and a true champion in the fight for justice.
Our top Asylum Solicitors fully believe that we all have the right to be treated equally. We stand for a fair and just society, which values each and everyone as equal humans, free from bigotry and prejudice.
It won’t cost you anything to know where you stand if you reach out to us today. Call us and speak to one of our friendly Asylum Solicitors about your current situation.
The UK’s separation from the European Union begins on 1 January 2021, introducing a new chapter and starting with an avalanche of Immigration changes.
‘The most significant overnight change in modern commercial relations’ analysts say, as the split, better known as Brexit, has now come into force.
Britain left the EU’s regulatory circle beginning 2021, binding off nearly 50 years around the block.
Whilst formally disbanded, Britain went through a transition period of 11 months, following EU rules as negotiators dealt with future commercial ties.
A lot is going on currently in the world of immigration. One of the massive transitions is the new ‘Points-Based’ Immigration System (modelling an Australian-style points-based scheme), determining who can work in the country.
The system means that applications for skilled worker visas are now judged based on a points-based system.
To be eligible, migrants applying for a work visa to the UK will have to meet specific criteria to qualify for a successful online “e-visa.”
Among the minimum requirements on the given criteria is a job offer from a qualified sponsor that matches the applicant’s skill level, at 40 points, and speaking English to earn 10 points.
Applicants must also meet other criteria based on salary, a sector within a recognised labour shortage, or holding a PhD.
Applicants can earn the remaining 20 points if they get a job offer that pays an annual salary of at least £25,600.
Moreover, the system grants 10-20 extra points to applicants holding a university doctorate or PhD in science, technology, engineering, math, or any employment offer with a labour shortage in the UK, regardless of the salary.
The cost of applying is between £610 to £1,408, and applicants must show they have enough money to support themselves and have proof of identity.
Applications take about three weeks to find out whether they have been successful.
EU citizens with their families already living in the UK before the post-Brexit (1 January 2021) do not have to comply with the new system but can apply to the EU Settlement Scheme.
Citizens from the following can apply to the EU Settlement Scheme to continue living in the UK:
Successful applicants who have been granted settled status will be allowed to remain and live in the UK with the same benefit claims as UK citizens if they become unemployed.
Meanwhile, Irish citizens are not required to apply to the scheme or get permission to come to the UK, as the UK and Ireland share a Common Travel Area.
Various rules apply to workers that are not part of the EU federation and EU migrants arriving in Britain during the post-Brexit. Those who end up unemployed must return to their home country unless they have indefinite leave to remain.
Whether you need legal guidance for your work visa or you wish to continue living in the UK, our Brexit Expert Solicitors are available to support you and your future through a successful application.
Our immigration consultants’ team has supported thousands of individuals, businesses, and families in providing certainty in these trying times.
At Deo Volente, we genuinely believe that your future in the UK counts on the right timing and a successful legal application.
Talk to us today and let us give you realistic insights, as well as peace of mind. We offer a No Win No Fee funding arrangement. You do not need to pay us if the application is unsuccessful.
We are all about value and commitment. We will support you from start to finish!
Are you a temporary migrant living in the UK? Have you been furloughed or lost your employment because of the Coronavirus (COVID 19) pandemic?
Head of Immigration Department, Angel Masih
The Home office guidance, issued on 24th April 2020, confirms that individuals who have limited leave to remain in the UK and no recourse to public funds do have support available to them. Access to public funds If you are currently residing in the UK on a Family or Private Life basis, you can make an application to access public funds if any of the following applies:
If you are employed or self-employed in the UK You may be able to apply to access:
Mortgage lenders will be able to offer repayment holidays of 3 months In addition to the above, Local Authority Social Services may be able to provide further support if you or a family member have specific care needs.
At Deo Volente Solicitors, we understand that individuals may face financial difficulties arising from these unprecedented times. We are offering telephone consultations to address any queries that you may have. Please do not hesitate to contact us on 01234 350244 and speak to one of our team members within the immigration department.
Have your financial circumstances changed since your last grant of leave? Was your leave granted based on your family or private life?
by Shazia Akhtar, Partner, and Head of Immigration Services
During these unprecedented times, we understand that people are struggling to make ends meet because of illness, self-isolation, school, or work closures. If you are currently in the UK based on your family or private life, we can make an application for a change of conditions of leave. This will allow access to public funds because your circumstances have changed:
You can apply if:
If your application is successful the conditions of your leave will be changed to allow you to access public funds. There is no Home Office fee for this application.
You’ll qualify for an amendment to your conditions of leave only if:
A person is destitute if:
If you meet the requirements for a change to the conditions of your leave to allow you to apply for public funds you will be told by letter or email.
This may include a request that you give biometric information (fingerprints and photographs). You would need to do this at a Service & Support Centre (SSC). Information on how to do this will be provided in the decision. A new biometric residence permit will be issued.
If you are worried about your financial position and would like to discuss your circumstances please call us on 01234 350244 and we will be happy to assist you.