Seeking Guidance on US Immigration Options: H-1B Visa and More for British IT Professional

[MazUK 0]

Hello everyone! I'm reaching out to seek advice on US immigration options. As a British national residing in the UK and working as an IT professional, I'm considering relocating to the US with my family. With both of my siblings being US citizens, I wanted to inquire about potential avenues such as work sponsorship (particularly through the H-1B visa), or any other available options. I'm aware that family sponsorship may have a longer processing time, so I'm particularly interested in exploring options like the H-1B visa or alternative routes. I would greatly appreciate any guidance or insights you can provide. Additionally, if you have information regarding the typical duration of these immigration processes, it would be incredibly helpful. Thank you all in advance for your valuable input!

Edited July 18, 2023 by MazUK
Unrelated content removed

[Mike E 11,725]

Depending on the type of employment based immigration visa there is at least a 1-3 year wait list, probably a 2-6 year wait.

 

H1-B is a lottery. Most are not picked.

 

Most deterministic path is an L-1 visa, where you work for an employer in the UK with operations in the U.S that will sponsor an immigration visa.  L-1 lets you transfer to U.S. You can then apply for an employment based immigration visa.

 

L-1A is for managers and has a short wait time for an immigration visa. Under 2 years. 

 

L-1B is for non managers and has the 2-6 year  wait time.

 

Both L-1A and L-1B can be replaced with H1-B, but you have to win a lottery.

 

It is best to set low expectations on the possibility of getting a green card in the U.S. through employment.

 

 

Edited July 18, 2023 by Mike E

[M+K IL 102]

41 minutes ago, MazUK said:

Hello everyone! I'm reaching out to seek advice on US immigration options. As a British national residing in the UK and working as an IT professional, I'm considering relocating to the US with my family. With both of my siblings being US citizens, I wanted to inquire about potential avenues such as work sponsorship (particularly through the H-1B visa), or any other available options. I'm aware that family sponsorship may have a longer processing time, so I'm particularly interested in exploring options like the H-1B visa or alternative routes. I would greatly appreciate any guidance or insights you can provide. Additionally, if you have information regarding the typical duration of these immigration processes, it would be incredibly helpful. Thank you all in advance for your valuable input!

Hello there!I am another IT professional. Going to give a general overview here, feel free to send a private message if there are specifics you don't want to disclose.

- If you find a company that is willing to sponsor an H-1B, that's an option. Note that there are limited H-1Bs available a year so applications have to be submitted in time and then subject to a lottery. If you have an advanced degree from a US university you get to double-dip here (there's a pool for such applicants, if you did not get selected you get automatically re-entered into the general pool of applicants). If you do this... IIRC applications have to be in by April. I did my visa interview in... June, if I recall, approved soon after. Visa only valid starting Oct 1 and you can enter 10 days early (so my orientation session has a lot of other H-1B holders). Dependents get H-4s and those are straightforward to get
- If you work for a multinational that has both US and UK presence, you can ask for an L-1 (transfer) visa. I think you have to have been in the non-US branch for at least a year, but better check as this is second hand experience from colleagues. The best bet before applying for PR is to switch to H-1B ... but you can keep trying until you succeed as L-1 can keep being renewed
- since you are in IT... the Georgia Tech online masters might help you increase your chance in the H-1B lottery (but check first if it counts). I know at least one person who did this on the weekends and graduated

I started my process in early 2016, got to the US in September 2016, GC in mid 2018 (started that process January 2017) and now just passed the naturalization interview.

Good luck, and again, feel free to ask more questions here or privately.

[Boiler 43,635]

A long shot but British National may be eligible for the DV. Free to enter.

 

EB2 NIW is also very popular.

[MazUK 0]

11 hours ago, Mike E said:

Depending on the type of employment based immigration visa there is at least a 1-3 year wait list, probably a 2-6 year wait.

 

H1-B is a lottery. Most are not picked.

 

Most deterministic path is an L-1 visa, where you work for an employer in the UK with operations in the U.S that will sponsor an immigration visa.  L-1 lets you transfer to U.S. You can then apply for an employment based immigration visa.

 

L-1A is for managers and has a short wait time for an immigration visa. Under 2 years. 

 

L-1B is for non managers and has the 2-6 year  wait time.

 

Both L-1A and L-1B can be replaced with H1-B, but you have to win a lottery.

 

It is best to set low expectations on the possibility of getting a green card in the U.S. through employment.

 

 

Thank you for providing the information on employment-based immigration options and the associated wait times. I appreciate your insights.

Regarding the wait times mentioned, could you please clarify if these wait times primarily pertain to the processing time of the visa application itself? Additionally, if you have any insights on the general timelines or any specific factors that may impact the overall wait time, it would be greatly appreciated.

Furthermore, for the H-1B visa, similar to the L-1 visa, I would like to confirm if having a job offer from a US employer is required before starting the H-1B visa application process. If a job offer is necessary, could you please provide insights on how the job offer requirement works for the H-1B visa, including any specific guidelines or procedures to follow?

Thank you once again for your assistance and clarification on these matters!

[Mike E 11,725]

2 minutes ago, MazUK said:

Regarding the wait times mentioned, could you please clarify if these wait times primarily pertain to the processing time of the visa application itself?

The times are from starting the process to visa interview.

 

3 minutes ago, MazUK said:

Additionally, if you have any insights on the general timelines or any specific factors that may impact the overall wait time, it would be greatly appreciated

The August 2023 visa bulletin, 2nd and 3rd preference, aka EB-2 and EB-3. See https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-august-2023.html

 

You can look previous months in 2023 and compare to previous years to see the rapid deterioration of situation for EB-2 and EB-3. The latter is mostly due to the nursing shortage (higher demand due mostly to America’s aging population. The former due to the run up in hiring by Big Tech since 2019. 

 

 

 

 

 

[Mike E 11,725]

26 minutes ago, MazUK said:

I would like to confirm if having a job offer from a US employer is required before starting the H-1B visa application process.

Yes.

 

26 minutes ago, MazUK said:

 

If a job offer is necessary, could you please provide insights on how the job offer requirement works for the H-1B visa, including any specific guidelines or procedures to follow?

My impression is most H-1Bs are conversions from those working on existing visas,  F-1 student (while under OPT: optional practical training),  L-1 transfer, TN-1 (NAFTA, Mexican and Canadian citizens).

 

I’ve see it happen rarely that an offer for H1-B is made to someone residing abroad.  In the example I saw, HackerRank and my employer had a promotion in India where they invited people to enter a coding contest. My colleague from another company entered, won a slot, and got a visa. I have never seen this happen again; seemed like a on time stunt by HackerRank to show case its capabilities as a recruiting tool.
 

If you are gravitating to H1-B, a visa that has broken the hearts of many a student from India, before the better alternatives, I listed, then you are looking ahead to misery. Planning your career and life aspirations around a lottery is going to lead to disappointment. As UK citizen you have better choices, still.

[M+K IL 102]

1 hour ago, MazUK said:

Thank you for providing the information on employment-based immigration options and the associated wait times. I appreciate your insights.

Regarding the wait times mentioned, could you please clarify if these wait times primarily pertain to the processing time of the visa application itself? Additionally, if you have any insights on the general timelines or any specific factors that may impact the overall wait time, it would be greatly appreciated.

Furthermore, for the H-1B visa, similar to the L-1 visa, I would like to confirm if having a job offer from a US employer is required before starting the H-1B visa application process. If a job offer is necessary, could you please provide insights on how the job offer requirement works for the H-1B visa, including any specific guidelines or procedures to follow?

Thank you once again for your assistance and clarification on these matters!

As Mike said even with a job offer success is not guaranteed. Your job offer will likely has language to the effect that it's void in case an H-1B is not secured. The company lawyers would apply for you, you just need to provide the documents and show up to the interview.

 

Large companies would have backup options of placing you in another country (mine has a London office) but won't guarantee placement.

 

Since you are already in the UK, I'd say work for a US based company in the UK then try to transfer later? Don't mention that that's your intention when applying of course.

 

DV and self sponsored EB-2 as others mentioned are good ideas too - the first one is a lottery but free to enter so why not, the latter requires proving you are highly sought after so depending on your situation L-1 might be the easiest

 

[appleblossom 1,415]

To add to the excellent advice already given, I'd advise you get a sibling (or ideally both) to sponsor you asap if they're amenable. It's a heck of a long wait, but might as well get in the queue just in case the employment based thing doesn't happen. 

 

Might be worth a consult with a lawyer to see if there is any other employment based visa option for you as well.

 

Good luck to you. 

[Mike E 11,725]

AFAIK, for DV and UK citizens,

 

* Most  are not eligible for DV

 

* The exceptions are those who can use Northern Ireland as the  country of chargeability.

[Boiler 43,635]

1 minute ago, Mike E said:

AFAIK, for DV and UK citizens,

 

* Most  are not eligible for DV

 

* The exceptions are those who can use Northern Ireland as the  country of chargeability.

OP is a British National residing in the UK.

[PVR Bound 134]

Just a note of the L1 path. If you work for an employer that already has a blanket L1 approval for I-129S, you will only wait a matter of weeks for an approved L-1 visa however the caveat is that you need to have worked for a minimum time with that employer (12-18 months if I remember rightly from my own experience when I joined my US spouse within 1-2 months of application submission, interview in London and visa issuance) 

 

https://berardiimmigrationlaw.com/l-1-blanket-visa-petition-overview/

[MazUK 0]

1 hour ago, appleblossom said:

To add to the excellent advice already given, I'd advise you get a sibling (or ideally both) to sponsor you asap if they're amenable. It's a heck of a long wait, but might as well get in the queue just in case the employment based thing doesn't happen. 

 

Might be worth a consult with a lawyer to see if there is any other employment based visa option for you as well.

 

Good luck to you. 

It’s indeed a viable option to consider as a backup. I would like to understand if pursuing sibling sponsorship would potentially limit or create any issues in exploring other employment-based visa options. Could you please clarify if obtaining sponsorship from my siblings for immigration would pose any constraints or act as a potential blocker for exploring alternative routes? Thank you for your guidance on this matter!

[Mike E 11,725]

39 minutes ago, MazUK said:

Could you please clarify if obtaining sponsorship from my siblings for immigration would pose any constraints or act as a potential blocker for exploring alternative routes? Thank

It does not.

 

Each sibling should file a separate I-130 for you. In 40 years you will get a visa through the surviving sibling.

 

It is also possible that before your visa interview, you will be allowed to apply for parole into the U.S. and work authorization. This policy has started for a limited number of applicants from a limited number of western hemisphere countries. 

[SalishSea 16,836]

8 hours ago, Mike E said:

AFAIK, for DV and UK citizens,

 

* Most  are not eligible for DV

 

* The exceptions are those who can use Northern Ireland as the  country of chargeability.

How does that work, since Northern Ireland is part of the UK?