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Comment by akktor | Hacker News Reader

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!

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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.

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

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.

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.

I was rejected initially without a blanket petition and then approved after the blanket petition was in place.

My experience matches exactly what you have said.

One benefit I forgot to mention of L1 is that spouses can work incidental of status. L2S is essentially an open work permit but is tied to the validity of the L1 visa.

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

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).

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)?

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.

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