The software industry in America

**nomadd** · 16 September 2012, 15:28

Originally posted by Spikeh View Post

So, after many months of research and deliberation, my wife and I have decided to move to America. Obviously, one of my main concerns is getting work over there, and I was wondering if anyone has had any experience with contracting in the states? We're planning on moving there full time (rather than getting a single contract / visa), but haven't yet ascertained if I'll be forming a US branch of my Ltd company, will be starting a new USC, or even getting a perm job. I would obviously prefer to stay self employed (I have a number of businesses that I'd like to move over there), but if I have to go permanent to get over there and establish myself (and of course I can find a job and have a visa accepted for it), I will.

As far as I understand, there are two types of contractors - 1099 and W2, where 1099 is basically the type of contracting we all strive towards over here, though it seems to be much clearer cut on the other side of the pond. The reality is probably different, which is why I'm posting here. W2 contractors are more like temps, and are directed by the client.

My questions relate to what I should expect. I'm currently looking in to what type of visas I may be eligible for with a lawyer, but I'd also like some first hand advice on how it actually works over there, or if anyone has been in a similar situation. In the UK, I'm constantly reminding my clients that they're exactly that - my clients, and they don't dictate my hours and how I do the work etc - some understand, others don't, and like to view me as a temporary member of staff (I tend to veer away from those clients). I'm also acutely aware of a lot of the ins and outs of how the UK legal system works, what rights I have, what contract terms to look out for and my status... but I imagine I would need to forget most of this as it'll be very different in the US.

How different were the working conditions and expectations from clients? What were the hours like? Did you move your company, or just go over temporarily? I understand a lot of these questions are ambiguous, or related to the individual workplace, but I'd like to hear your experiences if possible.

I have tried to find a US based contractor forum to no avail - if anyone knows of any, a link would be appreciated.

Unless you have some very, very specific skills (or a LOT of money for business investment in the US), I'd say your chances of relocating to the USA at present are nil (or close to nil.) As for wandering over there as a long-term 'contractor' in the traditional sense, I'd say your chances are less than nil. NB. You said "my wife and I have decided to move to America", so I assume you don't just mean you want to do a short contract there. Also, is your wife American? If so, that could help you enormously.

As regards regime/hours, I'd say you will be dictated too more than the UK and worked like a dog.

I'd aim your questions to the US section of the expats forum: America Expat Forum for Expats Living in America - Expat Forum For Expats, For Moving Overseas And For Jobs Abroad

I've never fancied the US myself, but I have spent a few hours reading the posts on expats. The folks are very experienced and quick to point out the realities of both living and working in America. And they are quick to shoot down those who think they can just wander over and find a job - remember, America has huge unemployment problems at present. As I say, have a read of a few pages of posts to get a feel of the realities.

**MarillionFan** · 16 September 2012, 19:34

As far as I know you can't contract in the US without a work visa, so the two types of contracting you refer to (and the language you used points to an ITContractor article I've seen) is moot.

To work there youll need an L1 visa, H1 visa, be American or a green card. With the H1 visa you'll need initial sponsorship from a company. It will take a minimum of a year to get and your wife would not be able to work on your visa. An L1/l2 visa comes through an inter company transfer to whit you'd have to be perm. The same is true with the H1, but I have seen it mentioned that you can get sponsorship through a contracting company in the US. At the moment your idea to go to the US is pure pie in the sky. Youd be better to post on an Expats site.

**jamesbrown** · 16 September 2012, 20:09

As other posters have indicated, your eligibility to work in the US is the first hurdle. You can't work as an independent contractor (in the UK sense) on a work visa because work visas are employment visas. You mention a W-2 "contractor", but that is a contradiction in (our) terms, as a W-2 is simply a statement of wages/taxes issued by employers to employees at the end of the tax year. If your wife is a USC and you intend to apply for a marriage-based GC, then you would be in a position to contract at that point. I'm not aware of any way to contract in the US without being a USC or GC holder. Temporary staff working for contracting companies (e.g. to the govt) are often referred to in the US as "contractors."

**GillsMan** · 17 September 2012, 07:04

Permie work doesn't sound like much fun either. Many companies give their staff just 10 days annual leave. 10 days.

**mrdonuts** · 17 September 2012, 09:37