margauxxb

Hi all,

I am considering studying in America sometime in the next few years, and obviously I'd like my boyfriend to come along. He's not a student anymore, but he is a web designer, and would like to start doing free lance work. If he followed me to America, what visa would he need? If he only has clients from the UK, not the US, and if he keeps paying UK taxes etc. Does he need a working visa or would a visiter visa be enough? Because he won't have an employer in the US, therefore he cannot get a working visa.. And he won't have any employees so he won't be able to get an entrepreneur visa either.

Any ideas??

Thank you

Margaux

SarahG

He cannot work in the US without a work visa. If he is doing something that he would be paid for in the UK he would need a work visa. Most likely a H1B visa but for that he needs an employer to sponsor him. For an L visa he needs to have worked for a company in the UK for a year minimum before transferring to the US. Check out Pulaski's guide here .

margauxxb

OK thanks a lot. But what if he worked for a UK company for more than a year before moving, and becomes self-employed? He wants to be working from the US for UK clients but not as part of a company. If that makes sense?

RICH

What visa will you be using for your studies?

ian-mstm

To work in the US, regardless of where the money comes from, he'll need an employment-based visa that allows him to work. That means, he'll need a US company to sponsor him. He can't work in the US as a visitor.


The bigger issue then, is how will he get to the US? Based on what you've written, there are only 2 possibilities that I see. Either a B-2 visa for cohabiting partners if you can effectively demonstrate that the two of you live together and have lived together for a year or more; or you two get married and he gets an F-2 derivative visa (on the assumption that you're getting an F-1 to study in the US). Either way, he still won't be allowed to work.

Ian

Jerseygirl

He cannot work while he is in the US without a work visa...even work for a UK company with UK based clients. If he is physically in the US he needs a visa authorising him to work...no matter where the company or client is located.

ian-mstm

He can't. If he works for a UK company and they transfer him to the US on an L-1 visa, he can only work for them. He can't work for himself.


It makes sense, but there's no US immigration mechanism that will allow him to do that.

Ian

Noorah101

It makes sense on the surface, but if he wants to set up his own business in the USA (in order to be self-employed), he'll need an investment-type visa, I believe. And it can't be a 1-man operation, he'll need an office and will need to employ a certain number of people in the USA.

I don't believe there is a visa type for what he wants to do.

Rene

DavidLemon

Just so you know, it is not a year in the UK. They need to have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding their admission to the United States.

Bob

As a student, if you got a F1 visa and were married, he could get a F2 visa and join you.

He won't be allowed to work though, not while in the US.