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As an EU citizen, what are my chances of being able to get a visa if hired by an American company?


If you are currently employed abroad by a related company, then the L-1 visa might be an option. If you are not, then - assuming that you are not from a country with its own visa, such as Australia, Canada, Chile, Mexico, and Singapore - the potential options are the E-1/E-2, H-1B, and O-1.


L-1 is primarily for intracompany transfers, right?

O-1 would require demonstrating acclaim - not sure how that is done.

E1/2 - the significant trade part isn’t that clear to me. Not sure who qualifies.

H1B is a lottery.

I can’t quite gauge my chances to be honest.


Just apply for jobs, and the immigration attorneys hired by your prospective employer will figure it out. U.S. immigration by employment is sadly almost entirely based on petitions filed by your employer. The choice of which visa pathway to pursue is not up to you.

If you're curious: the vast majority of Europeans currently moving to the U.S. for tech jobs typically do so on L-1A or L-1B visas. To qualify, you must work for at least 12 months at the European subsidiary of a U.S. company before being transferred to a U.S. office. There are the occasional O-1 cases but you need significant work experience and recognition to qualify. Lawyers will definitely ask you questions to determine whether you are a good candidate for it.

In the past, H-1B was a way more common route, especially when there was no lottery or at least when selection odds were higher. However, with current lottery odds at just 10-15%, many companies now prefer hiring you abroad and then going for an L-1. As long as you satisfy the foreign work requirement, you are more or less guaranteed approval for an L-1 and there is no uncertainty.

Companies also love transferring employees on L-1 because unlike H-1B it is an employer-tied visa. This means you cannot switch to a different employer, effectively locking you in for the duration of your employment until you obtain a green card, if and when that happens. Keep that in mind if you are offered an L-1: you should carefully consider the green card pathways offered by your employer before you move.


What industry, size of company, and role(s) are you targeting?


I’m a senior SWE in big tech. Targeting big to mid tech and financial companies or startups. I’m weighing my options in case of layoffs and whatnot.


Schedule a consultation with me or another immigration attorney to go over your options (because a detailed analysis is required) but likely your only real option will be the O-1 and as senior SWE at big tech, you should be able to qualify for an O-1 or take steps to qualify for an O-1.




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