# Visa options for UK web developer



## jayfletch (Jun 9, 2012)

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 via my UK bank account. 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.

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 appreciate any pre-emptive opinions or advice.


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## twostep (Apr 3, 2008)

What are your long-term plans?


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## jayfletch (Jun 9, 2012)

twostep said:


> What are your long-term plans?


As it pertains to being in the US? I'd like to work there for a couple of years at least. My personal situation is flexible enough that I might consider trying to make it a permanent move if I really take to the place.


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## twostep (Apr 3, 2008)

jayfletch said:


> As it pertains to being in the US? I'd like to work there for a couple of years at least. My personal situation is flexible enough that I might consider trying to make it a permanent move if I really take to the place.


That is something you will have to set the ground work for up front. Remember - things change along the way.


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## jayfletch (Jun 9, 2012)

twostep said:


> That is something you will have to set the ground work for up front. Remember - things change along the way.


Indeed they do.

I'm aware that under a H1B the employer would be responsible for filing a greencard application. If we end up going the H1B route I intend to have a provision for that written into my contract in order to keep my options open.

Is there anything else that you suggest I think about?

I'm also curious to know whether anyone here has obtained an L1 from a similar position as myself - exclusive working arrangement but no official subsidiary, specialised role with decent salary, etc. I'm making a big assumption here that the company being acquired shouldn't matter too much.

What I'd like to hear is that cases such as this are taken on merit and become a judgement call. I'd be surprised if that were the case but feel it's worth asking.


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## twostep (Apr 3, 2008)

You basically have a one man shop in the UK so H1B seems to be the route.


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## jayfletch (Jun 9, 2012)

twostep said:


> You basically have a one man shop in the UK so H1B seems to be the route.


Therein lies my issue with an L1. Thanks for summing it up so succinctly.

I did just come across the B1 in lieu of H1B which I'll be asking them to look into. Might be a nice way to spend a little time working there before H1B opens in April.


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## twostep (Apr 3, 2008)

jayfletch said:


> Therein lies my issue with an L1. Thanks for summing it up so succinctly.
> 
> I did just come across the B1 in lieu of H1B which I'll be asking them to look into. Might be a nice way to spend a little time working there before H1B opens in April.


Read the fine print:>) You cannot work under B1. 
USCIS - B-1 Temporary Business Visitor

Concerning your expat contract - make sure medical insurance is addressed.


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## Davis1 (Feb 20, 2009)

B1 in Lieu of H | Embassy of the United States


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## twostep (Apr 3, 2008)

Davis1 said:


> B1 in Lieu of H | Embassy of the United States


How will OP get paid?


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