United States Visa & Immigration Services

Hudson McKenzie advises individuals, families, professionals and international businesses on United States visa and immigration matters.

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The United States has a wide range of temporary and permanent immigration routes covering skilled employment, intra-company transfers, extraordinary ability, business and investment, family migration, study, exchange programmes and long-term permanent residence.

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The appropriate immigration route depends on factors including nationality, purpose of travel, proposed activities, employment arrangements, qualifications, business ownership, family relationships and longer-term residence objectives.

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US immigration processes can involve multiple government agencies, including U.S. Citizenship and Immigration Services, the Department of State and U.S. Customs and Border Protection, depending on the type of application and whether the applicant is applying from within or outside the United States.

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Hudson McKenzie can assess the available US immigration options and assist with visa strategy, petitions, supporting documentation, consular processing, family applications and longer-term residence planning.

The United States provides several temporary and permanent immigration routes for foreign nationals taking up employment, transferring within an international business or working in highly specialised roles.

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H-1B Specialty Occupations: The H-1B route is used by US employers seeking to employ qualifying foreign nationals in specialty occupations. The role generally needs to require highly specialised knowledge together with an appropriate degree or equivalent qualification relevant to the position.

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The employer normally completes the applicable labour-condition and USCIS petition process before the foreign national can obtain H-1B status or, where required, apply for an H-1B visa.

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Some H-1B petitions are subject to the annual numerical cap and registration process, while specified employers and cases can be exempt from the cap. Eligibility should therefore be assessed based on the employer, role and applicant rather than job title alone. USCIS confirms that H-1B eligibility turns on the duties of the position and the required specialised knowledge and qualifications.

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L-1 Intra-Company Transfers: The L-1 route enables qualifying multinational organisations to transfer certain employees from an overseas group company to a related US entity.

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L-1A can apply to managers and executives, while L-1B can apply to employees with specialised knowledge. A qualifying corporate relationship must exist between the overseas and US entities, and the employee generally needs qualifying prior employment with the overseas organisation. USCIS also provides an L-1 framework for qualifying organisations establishing a new US office.

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O-1 Extraordinary Ability: The O-1 route can apply to individuals who have demonstrated extraordinary ability or achievement in fields such as science, education, business, athletics or the arts and who intend to continue working in their field in the United States. The evidential standard is high and depends on the applicant’s field and achievements.

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Route	Typically Relevant To	Core Basis
H-1B	Professionals in qualifying specialty occupations	US employer sponsorship, qualifying role and appropriate degree or equivalent
L-1A / L-1B	Managers, executives and specialised-knowledge employees transferring within a multinational group	Qualifying corporate relationship and prior overseas employment
O-1	Individuals with extraordinary ability or achievement	Strong evidence of sustained distinction or recognised achievement in the relevant field

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Employment-based permanent residence may also be available through separate immigrant classifications depending on the individual’s qualifications, role, employer sponsorship and category.

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Hudson McKenzie can advise employers and professionals on the appropriate US employment route, petition strategy and supporting documentation.

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The United States offers several immigration routes for qualifying business owners, investors and international companies, although the appropriate route depends heavily on nationality, ownership structure, proposed business activity and whether the applicant is seeking temporary or permanent residence.

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E-1 Treaty Trader: The E-1 route is available to qualifying nationals of treaty countries who are coming to the United States to engage in substantial trade principally between the United States and the relevant treaty country.

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E-2 Treaty Investor: The E-2 route is available to qualifying nationals of treaty countries who have invested, or are actively investing, a substantial amount of capital in a genuine operating US enterprise and intend to develop and direct that business.

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The United Kingdom is currently an E-1 and E-2 treaty country. British applicants must satisfy the applicable treaty-nationality requirements; nationality of another Commonwealth country alone does not make someone eligible under the UK treaty.

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EB-5 Immigrant Investor Programme: EB-5 is different from E-2 because it is an immigrant investor route that can lead to lawful permanent residence where the statutory investment, job-creation and other requirements are met.

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USCIS states that qualifying EB-5 investors must make the required investment in a US commercial enterprise and create or preserve at least 10 permanent full-time jobs for qualifying US workers.

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Route	Main Purpose	Temporary or Permanent	Key Distinction
E-1 Treaty Trader	Substantial qualifying trade with the United States	Temporary	Requires treaty nationality and qualifying trade
E-2 Treaty Investor	Develop and direct a qualifying US business investment	Temporary	Requires treaty nationality and substantial investment in an operating enterprise
EB-5	Investment linked to US job creation	Permanent immigration route	Can lead to lawful permanent residence if all requirements are met

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Simply forming a US company or purchasing an investment does not automatically provide the right to live and work in the United States. The immigration route must match the applicant’s nationality, business role and intended activity.

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Hudson McKenzie can assess the proposed business structure and immigration objective and advise on the US route that may be appropriate.

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US immigration law provides several routes for qualifying family members of US citizens and lawful permanent residents.

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Spouses of US Citizens: A US citizen can generally petition for a foreign national spouse using Form I-130. Where the spouse completes the immigrant visa process abroad, the resulting category can include an IR-1 or CR-1 immigrant visa depending on the duration of the marriage when permanent residence begins.

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A CR category generally applies where the marriage is less than two years old when the foreign spouse obtains permanent residence, resulting in conditional permanent residence that must subsequently be addressed through the applicable removal-of-conditions process.

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Fiancé(e) of a US Citizen: A US citizen may petition for a foreign fiancé(e) under the K-1 classification. The couple must intend to marry within 90 days of the fiancé(e)’s admission to the United States, subject to the full eligibility requirements.

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Family Preference Immigration: US citizens can also potentially petition for certain children, parents and siblings, while lawful permanent residents can petition for qualifying spouses and unmarried children. Some family-preference categories are subject to annual numerical limits and visa availability.

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Route / Category	Typically Relevant To	Main Process
IR-1 / CR-1	Foreign spouse of a US citizen	I-130 family petition followed by immigrant visa or applicable residence process
K-1 Fiancé(e)	Foreign fiancé(e) of a US citizen	I-129F petition followed by K-1 visa and marriage in the United States
F2A / F2B	Certain family members of lawful permanent residents	Family petition plus visa availability
F1 / F3 / F4	Certain family members of US citizens	Family-preference immigration subject to category requirements and visa availability

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Family immigration cases can involve petition eligibility, relationship evidence, financial sponsorship, consular processing and admissibility issues. The appropriate process also differs depending on whether the applicant is outside the United States or already lawfully present in the country.

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Hudson McKenzie can advise on spouse, fiancé(e), child and other qualifying family immigration routes and assist with petition and visa strategy.

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Other United States Immigration Routes

Athletes, Artists & Entertainers: The United States has specialist classifications for certain internationally recognised athletes, entertainers, artists and support personnel, including categories within the P visa framework. O-1 status may also be relevant to individuals who satisfy the higher extraordinary-ability or extraordinary-achievement requirements.

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Trainees & Cultural Exchange: H-3 and Q classifications can apply in specific training or international cultural exchange circumstances, while J-1 status covers a wider range of approved exchange programmes.

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Canadian & Mexican Professionals: Certain Canadian and Mexican citizens can potentially qualify for TN professional status under the US-Mexico-Canada Agreement where they have a qualifying profession, prearranged professional-level work and the required qualifications.

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Hudson McKenzie has also published guidance on recent TN policy developments: The latest updates to the US immigration rules

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Current US Immigration Developments: US immigration policy and visa processing can change quickly. Applicants and employers should check current requirements before filing or travel.

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For ongoing developments, see: Latest Global Immigration Updates

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Why Choose Hudson McKenzie for US Immigration?

Hudson McKenzie advises individuals, families, professionals and international businesses on US immigration matters from the UK and internationally.

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Our team can assist with:

H-1B specialty occupation matters;
L-1 intra-company transfers;
O-1 extraordinary ability applications;
employment-based immigration;
E-1 Treaty Trader visas;
E-2 Treaty Investor visas;
EB-5 investor immigration;
family-based immigrant petitions;
I-130 petitions;
IR-1 and CR-1 spouse immigration;
K-1 fiancé(e) visas;
family-preference immigration;
visitor and business visas;
Visa Waiver Programme and ESTA-related assessments;
F-1 student and J-1 exchange matters;
consular processing;
Green Card applications;
naturalisation and citizenship matters; and
broader US immigration strategy.

For businesses, Hudson McKenzie can assess proposed US hires, transfers and assignments and advise on the immigration category that best reflects the employee’s role, qualifications and corporate structure.

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For individuals and families, we can review employment, business, investment and family-based immigration options according to the applicant’s nationality, circumstances and long-term objectives.

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For UK-based clients, our team can also advise on applications involving US consular processing and coordinate US immigration planning with wider international mobility requirements.

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Planning to work, invest, study or relocate to the United States? Contact Hudson McKenzie to discuss the immigration options relevant to your circumstances.

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Disclaimer: The information provided on this page is for general guidance only and does not constitute legal advice. United States immigration laws, visa policies, eligibility requirements, government fees, processing procedures and application requirements are subject to change. Eligibility depends on individual circumstances and the immigration rules and policies in force at the relevant time. Please contact Hudson McKenzie for advice tailored to your specific circumstances.

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