CoffeeBeing

Thank you for your detailed and thoughtful response. Here are some thoughts: Instead of invoicing my clients in Europe, I can set up an LLC right now and invoice them through my LLC, which is what a European accountant suggested for tax-related purposes, without discussing moving to the US. Please note that taxation in Europe is pretty high for self-employed individuals. Then, I can buy or build an office (or other real estate) as part of my LLC, which is a contribution to the US economy while allowing me to write off a significant portion of the expenses. Would 1-2 years of doing this help before filing for an E-2 visa, or would I need to hire people to prove that my company is not made up to bypass immigration rules? I have legitimate plans to hire people remotely anyway, I'm just wondering what "proven record" and "legit business" mean, and what may come up during interviews.

Sure, but it's a headstart and once you're in the US it might be easier to network, meet people in person and find a more solid way for a long-term visa. Let's say it takes me 4-6 years to file for an H-1B or an O-1, which is a realistic scenario, especially for the H-1B considering a lottery chance of 25%. Why would I wait all these years in Europe instead of moving right away with an E2 or an L1, which do not prevent me from filing for an H-1B or an O-1 later on? If I have the legal rights to work and live, why would I not do it? I guess you're saying that the uncertainty of a non-immigrant visa would discourage people, which makes sense, especially if you have a family. But for younger people, not afraid of failing and coming back, I guess there's nothing to lose?

I'm a software developer based in Europe but working remotely as a freelancer, primarily with US-based clients. I have long considered moving to the US, but the visa process is, for many, unclear, lengthy and difficult. What I see is that most people are having very few chances with the H-1B lottery, while the O-1 is incredibly difficult. Even though I do have my name on a US-based patent and have worked for and with US-based clients, I still do not think this is sufficient for an O-1 visa. I also heard it's extremely difficult to find a job in a big tech company (Google/Netflix/Apple) even with many years of experience and skills, because there are many people that don't require visa sponsorship already living in the US. Why do most people try for H-1B or O-1 and not E-2 or L-1 (by creating a business in Europe themselves and then opening a branch in the US, or directly an LLC)? On paper, both the E-2 and L-1 sound better than lotteries or claiming exceptional ability. Why should I not create an LLC, and choose an amount of investment (let's say 100-200k) and actively work on it? This might even be better for freelancing work as it paves the way for write-offs and better taxation due to real estate investments (i.e. for an office) and other expenses. Additionally, the E-2/self-funded L-1 approach wouldn't depend on an employer which can provide a sense of sanity as there's no fear of getting fired. Please let me know if there's anything here that I'm missing - do you agree that the E-2 route by opening an LLC and invoicing my clients through it can actually be a better route than an H-1B or an O-1?