Posted by Mona Chawla

Moving to America can be cumbersome - or surprisingly straightforward. Mona Chawla explains why choosing the right immigration lawyer - along with a visa tailored to your circumstances - is the key to your ultimate success

Before you start out, it is important to recognise that US immigration law is extremely fact-specific. and that every applicanti circumstances are unique.Two cases can appear, to the untrained eye, to be identical in all relevant respects, and yet they can differ in ways that are very subtle, but utterly decisive.You may be baffled with all the visas options available - ranging from B, E, H, L to K, S, P, andV visas - that sound more like alphabet soup than imnrigration categories. There are different visas for doctors, nurses, athletes, writers, scientists,'outstanding researchers,' IT professionals, and so on. However, the rwo forms of visa which remain popular with Brits intending to move to the U.S. and establish a business include:

• The L-1 visa - suitable if you own a UK-based business which is going to continue to trade whilst you are in the US. L-1 visas are typically designed for executives and managers who are coming as transferees or to set up a new branch oflice in the United States. Although the American business that you are buying must be aftiliated to the British company through ownership, it does not have to be the same rype of business that you are operating in the UK.
• The E-2 business investor visa, which requires an investnent in a business 'substantial'enough to support you and your family, and ernploy lJ.S. workers.You need to be particularly cautious when promises are made tying in visas with the purchase of a business in terms of the suitabiliry ofthe business in satisfying the necessary criteria for the granting of a visa. Beware of any claims that guarantee a businessq' ual i f icat ion for gaining an E-2 visa. Initially, E visas are granted for a two-year period.

Ultimately, most people in the US are interested in obtaining a Green Card, which gives you the right to live and work anl.where in the US and the opportunity to become a US citizen. It can be obtained through various paths, including family sponsorship or five separate employment based categories. Prioriry is given to people with skills considered in short supply.

The inmigration process is often riddled with contradictory and ever-changing procedures. As federal judges have written, "The statutory scherne defining and delimiting the rights of aliens is exceedingly complex. Courts and commentators have stated that [US immigration lawl resembles'King Mino's labyrinth in ancient Crete,'and is'second only to the Internal Revenue Code in complexiry'." An experienced immigration iawyer will be able to guide you through this labyrinth right from the outset till the day you get the visa stamp in your passport.

For more information on US visa criteria visit the United States Citizenship and Immigration Services website www.uscis.gov and contact a qualified US lawyer.

Mona Chawla is a qualified US attorney and English solicitor with many years of experience with American immigration. She is a partner at Clarus Law Group, who provides advice to people around the world who wish to relocate the US and UK. For more details, her on 020 3709 5472, or e-mail mona@claruslawgroup.com.