I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA

Hi Peter! Thank you for doing this.

I'm a software engineer with 3 years of experience and a MSc degree in computer science. I'm currently working in a big tech company in the UK and I would like to move to the US in the near future. At the moment I'm more leaning toward an L1 because I don't have to go through the lottery but I'm exploring other scenarios. Would you recommend trying to move to the US with an L1 or an H1B? Does an L1 provide a path to a GC? What are the cons of an L1 visa compared to an H1B?

Again, many thanks!

proberts · 7 months ago

The main advantage of the L-1 relative to the H-1B is that there's no lottery so the U.S. company can sponsor you for an L-1 at any time. The main advantages of the H-1B relative to the L-1 is that it's transferable from one company to another and can be renewed indefinitely if you are in the green card process. Regarding which one is better from a green card perspective, the response is that your underlying status has no bearing on your green card options so both are fine.

1oooqooq · 7 months ago

purely from anecdotal evidence from a dozen cases I managed at top50 company: L visas are processed faster than H for gc steps.

brit_in_america · 7 months ago

I assume L1B because you mentioned “engineer” instead of “manager.”

I’m currently on an L1B visa, which is a three-year dual-intent visa extendable for another two years. This should provide ample time to initiate and complete a Green Card application under Employment-Based 2nd preference.

However, I would consider choosing the H1-B visa for the following reasons:

It’s getting harder to get L1-B because USCIS are asking more questions about if a candidate has specialized knowledge to meet the requirements.

The processing times for Green Cards and PERM are increasing and five years might not be enough in the near future. In that case you would need a very cooperative employer to allow you to continue the application via Consular Processing from the UK.

My own Green Card application began in 2022, and I’m not likely to receive it until 2026 due to the substantial backlog for applicants from the Rest of the World (ROW) category, which includes British-born individuals.

On an L1 visa, you’ll be tied to your current job until either your Employment Authorization Document (EAD) arrives and you have portability under AC21, you’re approved for an H1-B visa with a different employer (which will reset your Green Card application timeline); or you’re approved for a Green Card.

If you switch to an H1-B visa, you have the flexibility to change jobs before your Green Card is approved. You can also retain your Priority Date (PD), which represents your position in the Green Card queue, although you’ll need to restart all the steps of the process again. Additionally, your H1-B visa is extendable indefinitely after receiving an approved I-140 petition.

This immigration system here is a mess and it’s getting worse. Not to discourage you but this is the worst time for Brits to move here.

proberts · 7 months ago

I was assuming that you qualified equally for both visas but from an outcome standpoint, if the employing U.S. company doesn't qualify as a "blanket L" company, then it can be very tough to get an L-1B visa (which is for professionals/non-managers) because the process goes through USCIS. So, from an outcome standpoint, unless the employing U.S. entity qualifies as a blanket L company, it's much easier to get an H-1B visa.

uhuruity · 7 months ago

The problem with the H1B is, of course, winning the lottery. The odds are poor and generally getting worse each year. The L1B may be the only realistic option

Dead Comment

thiagocmoraes · 7 months ago

My personal experience, and I think the optimal case, is to come on L1 but apply to H1B via consular interview. This way, if you're ever fired from your job, you use the H1B to get authorization to work in a new company (need to leave the US and get a visa in a consulate), while keeping L1 benefits as possible (spouse can work and no lottery).

uhuruity · 7 months ago

Could you elaborate on this a bit more? If your company sponsors you to come on an L1 visa, how can you simultaneously apply for an H1B? And in any case, how can you get the H1B at all without winning the lottery (assuming your employer is subject to the cap)?

zamalek · 7 months ago

I originally entered on an L1B and was affected by an acquisition layoff. I wasn't able to work until my EAD came through, which took forever due to a certain president who is currently back in power. The single employer limitation carries risks.

yandie · 7 months ago

You can come on L1B and then try to get into the H1B lottery (will be tough since you don't have a US degree - I assume). I decided to go with L1B since H1B was impossible to get back then and the timeline worked in my favor.

I came to the US via L1B but went straight into green card. Unfortunately EB2 ROW is backlogged at the moment so you might be looking at 2-3 years. And if your company does lay off, they'd have to pause the PERM process for 6 months, which will add further delays to your timeline.

Hey Peter! Thanks for doing this!

I’m trying to understand the dual intent nature of O1A. I’m a PhD student with EB2-NIW and EB1A approved. Unfortunately, I am not expecting a green card in the next 6-12 years due to my country of birth.

I am eligible for O1A, but it seems like the dual-intent of O1A seems to be in grey area unlike H1B. Would I have any issues with O1A stamping in foreign embassies or during reentry given that I filed I-140 and showed immigration intent? Or is it safe to assume that O1A is also dual intent? Thanks!

proberts · 7 months ago

It is grayish but during the past 20 years I've only had one instance where the Consulate pushed back on the issuance of an O-1 visa because the applicant had an approved I-140. That was over 10 years ago and even in that case, the O-1 was eventually issued. So, for all intents and purposes, the Consulates view the O-1 as a dual intent visa. Also, there's some preparation that you can do before applying for your O-1 visa and attending your O-1 visa appointment to minimize the risk if this issue is raised by the Consulate.

alsodumb · 7 months ago

Thank you so much for the response! Could you share a bit more on what the preparation looks like? It’s something I’ve seen vaguely mentioned in forums but no one shared the specifics of the prep. Thanks!

bhasi · 7 months ago

If EB1A is approved, my understanding is that the applicant becomes "current" and eligible for the green card at once without any waiting in the queue regardless of country of birth. Is that not correct?

alsodumb · 7 months ago

There’s a cap on how many EB1 green cards they give out per year, and there’s also a per country cap within that cap (no country cannot cross 7% of total cap)

Unfortunately, there are a lot of EB1C greencard applicants from my country (India) as the bar for L1 and EB1C is pretty low. Since all EB1 visas (EB1A, EB1B, and EB1C) are counted together towards the cap, that means that even though I required a muncher higher bar to qualify for EB1A, I have to wait in queue with all the EB1C applicants who applied before me.

Based on my estimate, it’ll be more than 6 years (or even more) for EB1A priority date to come to late 2024.

papichulo4 · 7 months ago

Hey Peter! I wanted to thank you for doing this. I just got my green card last year, and it all kind of started with me asking you a question about H1B caps in a thread like this almost a decade ago. Super appreciate you doing this for people that are dreaming of a better future, dreaming of the American dream.

Wish you the best!

Wow. That's so nice to hear. Thanks!

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nickd2001 · 7 months ago

I know someone who has got a O1 visa to do freelance work, via an employer that has turned out to be dodgy. This employer is giving her mixed messages, on the one hand claiming to have cancelled her visa because she wasn't available for work exactly when the employer needed, on the other saying they haven't really cancelled the visa and she can carry on working for them. She now wonders whether her O-1 entry was during the 60-day grace period after it had been cancelled and thereby unlawful. She doesn't know whether she can legally continue to work because she cannot trust this employer. Compounding this is the fact that she's been engaged to an American for a while and is pregnant. She's now worried about having unwittingly done an illegal entry, and about being seen to have worked illegally, and how that would affect her adjustment of status. I know little of this but I suggested 2 things - (1) collect evidence of the games this employer is playing with you, and ask them to say in writing they haven't cancelled your visa, as proof that you entered the US in good faith and are not knowingly working illegally, (2) possibly contact USCIS directly to check whether the visa is still valid. Any comment on her situation and what she might do?

tivert · 7 months ago

IANAL, but that sounds like a situation where you need hire an actual immigration attorney.

Agreed :) In case this helps anyone else, she's now talked to a lawyer. Sounds like a spouse of an American can get forgiven for everything anyway especially if they have a kid because otherwise the American would suffer e:g by being a single parent (strangely, being separated from their spouse isn't considered hardship...) I think the employer is playing games to control her and probably hasn't actually cancelled the visa. If she wasn't getting married of course, with the chance of being forgiven, that'd be more of a stress. So, anyone contemplating an O-1 visa, make sure your sponsor is decent!

kujin88 · 7 months ago

Hi Peter, thank you for doing this AMA. I am on H1B and I recently lost my job. I only have about 50 days left to get a new job but I have a spouse who is on his own H1B. I wanted to see and find out legal and smooth options to buy more time for myself to find a new job - If anything, it would be those options that do not need me to leave the country and get stamping, if at all. My country of citizenship is India, by the way. If you can help us out, it would be really great. Thank you.

The best and easiest option because your spouse is in H-1B status is to apply to change your status to dependent H-4 status using USCIS Form I-539. As long as this is filed during your grace period, you can remain in the U.S. while the application is pending/until it is approved.

safog · 7 months ago

What happens if / when you eventually find a job? Can you file another change of status to a H1B? Does the status of the original change of status app matter? (e.g., can you apply for a COS to H1 while the COS to H4 is still pending?)

Thank you!

akktor · 7 months ago

Tteriffic · 7 months ago

Most posted job positions in the US, that I see, explicitly state they will not sponser candidates. But how receptive are they to TN visa candidates and do you see that attitude changing in the near future?

That's mostly a knee-jerk ignorant position since it's oftentimes very easy, fast, and inexpensive to hire a Canadian in TN status. So it's a process of somehow getting through to someone at the company to educate them not to pass on a good candidate simply because they're Canadian. Which of course is a lot easier said than done.

xordon · 7 months ago

Does this also apply to Mexican's wanting to get a TN as well, I've heard the process is slightly different?

tinco · 7 months ago

Would emigrating to Canada be a viable path for European citizens to eventually get a US work visa? If so, would it also be a path towards a green card?

midnightmonster · 7 months ago

The law firm I work for (as lead software engineer) did the TN thing for a Canadian software engineer hire for my team last year. [I was not involved in the paperwork but] my understanding is we got an immigration lawyer to help us write everything the right way, since we had not done it before (and lawyers specialize), and it was not especially expensive and it all worked out quite quickly.

kevinfinnerty34 · 7 months ago

Hi Peter! Thanks for doing this.

I'm a college dropout working as a SWE at one of the FAANG companies in Europe.

I understand that there are two paths I can take -- getting transferred by my company on an L-1B or try to compensate a degree with 12+ years of experience for an H1-B. Do you have any tips for people without degrees from what you've seen in practice? How often do you see people without a degree getting any of the visas?

Is there any chance I can get an o1 if I have a really good resume (10+ YOE, half of it at very-well-known companies)?

pclmulqdq · 7 months ago

Isn't the O-1 visa (in tech fields) mostly for PhDs with a strong research track record? I would assume you can get one if you have a bunch of publications and citations without a PhD, but isn't that the usual path?

I guess you're right. I was under the impression that you can apply for the O-1 solely based on a successful career in tech, not necessarily academic success.

yorkshireChai · 7 months ago

hey granted im not an expert like Peter is, But I have gone through a similar series of events as you are describing here. I transferred to the US on a L1B visa in 2022 and after an unfortunate round of layoffs late 2023 I scrambled for another role and managed to get sponsored and obtain O1 status. I had a good background of experience working on some prestigious products, a degree and written testimonials from people "high" up in my industry, studio heads, people high up in award academies etc. there may be extra steps for you as you don't have a degree (if I'm reading that right) but i believe you can prove you have had "equivalent training" to a degree maybe using your experience.

Thank you again for the great questions and discussion. I'm taking a break now and will return in about an hour. If I miss any questions before the AMA ends today, I'll do my best to respond tomorrow