Visa options for UK web developer

[pinks80]

I'm looking for advice on obtaining a working visa for the USA.

I'm a British web developer with ~12yrs working experience and A-level education (no university education). 31yrs old. I have a limited company with myself as the sole director and employee.

I've worked with a small US startup for the past 2years. For the first 10 months they contracted me via my limited company. For the last 14 months I've been a full time employee with my salary paid directly to me. I'm the sole non-US employee.

The startup is in the process of being acquired and the new owners would like to bring me to the US to work. The team would be put to work on a new project but the original company would remain active for a period of at least 6 months. Salary is $140k, job title is Frontend Lead.

I think I'm eligible for H1B and have hopes that an L1 might be applicable. Potentially even an EB2.

Does anyone have any insight into which visa(s) I might be eligible for? The acquiring company will be engaging an immigration attorney but I'd like to get some pre-emptive opinions.

[raghvi]

I'm looking for advice on obtaining a working visa for the USA.

I'm a British web developer with ~12yrs working experience and A-level education (no university education). 31yrs old. I have a limited company with myself as the sole director and employee.

I've worked with a small US startup for the past 2years. For the first 10 months they contracted me via my limited company. For the last 14 months I've been a full time employee with my salary paid directly to me. I'm the sole non-US employee.

The startup is in the process of being acquired and the new owners would like to bring me to the US to work. The team would be put to work on a new project but the original company would remain active for a period of at least 6 months. Salary is $140k, job title is Frontend Lead.

I think I'm eligible for H1B and have hopes that an L1 might be applicable. Potentially even an EB2.

Does anyone have any insight into which visa(s) I might be eligible for? The acquiring company will be engaging an immigration attorney but I'd like to get some pre-emptive opinions.

L1 is intracompany transfers. With you being the only Non US Employee it will be difficult to prove that the company in UK is a foreign subsidiary/sister concern of the US company.Plus there are other issues of working for the foreign subsidiary for over 1 Year in last 3 Years. Also, doesnt seem that your new owners are eligible for L1 if they don't have a foreign subsidiary in UK. H1 might seem more ideal in this case. But I will leave that decision to the immigration attorneys. H1 is over for this year and the latest you will get to travel on H1 will be Oct 2013 as the next year's H1 will open only April 2013. Also its very very difficult to get EB2 without an US equivalent Bachelor's you will have to get the education evaluated by experts to determine that. This is my opinion not legal advice.

[pinks80]

L1 is intracompany transfers. With you being the only Non US Employee it will be difficult to prove that the company in UK is a foreign subsidiary/sister concern of the US company.Plus there are other issues of working for the foreign subsidiary for over 1 Year in last 3 Years. Also, doesnt seem that your new owners are eligible for L1 if they don't have a foreign subsidiary in UK. H1 might seem more ideal in this case. But I will leave that decision to the immigration attorneys. H1 is over for this year and the latest you will get to travel on H1 will be Oct 2013 as the next year's H1 will open only April 2013. Also its very very difficult to get EB2 without an US equivalent Bachelor's you will have to get the education evaluated by experts to determine that. This is my opinion not legal advice.

That's interesting and very useful. Thanks for your reply.