NY_LON

Hi everyone,

I have been lurking on this forum for quite a while, and finally feel like I am ready to join and wanted to say hello

Next year I plan to achieve my lifelong dream of moving to NYC. However, I will be living there half the time, and the other half in London (my current home), commuting monthly between the two. I have been given the opportunity to head up a NYC/LDN client base for an established digital agency, who are currently based in the USA (and Germany). My extensive experience in a specialist role that's in demand in USA, would hopefully mean that the visa sponsorship will not cause too many problems (well fingers crossed!). I have dual passports, Australia and Greece, although i will be applying for a British one to replace the Greek since it's not exactly a popular country lately lol

Anyway, although I won't be making the move until next August, I'm already thinking about what type of visa is best and how I will cope living across 2 countries. I'm sure I will have some questions as the madness starts in a few months

Have a great weekend all!

Jerseygirl

Welcome to BE. I have moved your thread over to the U.S. Immigration forum. No doubt someone will be along shortly to help you.

Nutmegger

Welcome to BE -- your employer will be the one to obtain the visa for you -- have they told you what they plan to apply for?

NY_LON

Yes they will obtain one. But I am researching to understand the options and choose the best one for me.
E3 sounds like it will be a quicker process (Aussie passport), but no green card.
Also if I am only in the country for half the time, do I need a visa immediately?

Pulaski

If you are planning on doing any "work" then, yes, you need a visa.

Noorah101

You will need a work visa in your passport prior to doing any work in the USA.

Your employer and their attorney will decide the best visa for you.

Rene

sir_eccles

A green card implies permanent resident, emphasis on "permanent" meaning the US is your home. When you say splitting time between NY and London do you mean 6 month blocks or what?

AlphaTangoMike

You will need a visa from the beginning if you wish to do any 'work' while you're in the US. You can visit the US using the VWP (visa waiver program), but that should technically be for meetings / training, etc. (Typically not for carrying out your day-to-day duties).

You may be eligible for an L-1 visa (emphasis on 'may', as it depends how long you've been with the current firm and your position within the firm).

Your company should use an immigration lawyer for the process, the law firm would be best placed to look at your circumstances and give you the best counsel.

Guindalf

Read the OP. He says 'commuting monthly between the two'.

NY_LON

Thanks for your answers!
I'm actually joining this company at a partner level, so it gives me some control on the visa issue. The company has offices in the USA with around 50 staff. And a smaller office in Germany.
If I remained as based in London, my salary etc coming from the European end, then couldn't I just travel to NYC with visa waiver? I have a friend who does the reverse (American traveling to London) and he's been doing this successfully for years.
Preferably though, I would rather have a work visa, as I do plan to make America my permanent home someday.

(By the way, I am a she not a he lol)

Pulaski

It will be a lot easier if you make your mind up and decide where your "home" is because if you spend close to a 50:50 split between the two countries it's going to mess up your taxes a lot. If you start spending much more than 122 days/yr in the US for several years you will trip the "substantial presence test" and be liable for US taxes, which is quite a minefield.

sir_eccles

Somehow I missed that.

It depends on what you are doing in the US, sounds like a bit more involved than simple client business meetings. Doing it with the vwp may work, until it suddenly doesn't. Then you're in trouble.

As Pulaski says, deciding where you want to be living may help inform the best approach.

scrubbedexpat099

Interesting visa and taxation issues.

If you will be working in NYC as has been mentioned quite a few times you will need a work visa. Quite a few options, sounds like you will be having a lot of discussions with your advisers.

NY_LON

Thanks, it sounds like I could definitely end up in a mess if I rely on the VWP. And I would rather not have to stress each time I land in the USA.
I'll also need to work out what's best with tax, last thing I want is to end up paying twice!

Noorah101

Whether you can do what you have in mind in the USA on the VWP or not, depends on what business activities you'll be doing in the USA.

Rene