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

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

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

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.

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.

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.

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).

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.

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.

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.

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?

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.

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.

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?

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.

Good question and I don't know the answer but this is sure to be a battleground in the coming years, states refusing to enforce federal law or to act as agents of the federal government.

Podcasts, blogs, posts matter little and talks are only marginally helpful. The lowest hanging criteria are essential roles for distinguished organization, high compensation, press, and judging (either serving as a reviewer for an academic journal or conference or serving as a judge at a competition or event, such as a hackathon or startup/business competition). By the way, your gut is right; USCIS is sensitive to fake/manufactured press and this can undermine an otherwise strong petition.

Very high.

That's a really good question and of concern to a lot of people. No one knows at this point but the concern is that the new administration will kill the program or at a minimum modify/restrict it.