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If your company is being acquired by a US company, what would be the best route to US immigration? Since there is a cap on H1-B visas, I need to know other viable options.

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up vote 8 down vote accepted

In that case L-1B is an option. There is no quota, there is no fiscal year cycle as with H-1B. Another advantage is that L-1 holders' spouses get L-2, which permits working.

To qualify for L-1 classification in this category, the employer must:

  • Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
  • Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.

In that case employer would be the US based parent company that acquired company you're working for. On the other hand you must have been working in the company for at least a year.

To qualify, the named employee must also:

  • Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
  • Be seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.

source: USCIS L-1B Intracompany Transferee Specialized Knowledge

Downside of L-1B is that prior to getting the Green Card, there isn't really an easy way of changing jobs. To change jobs you'd be required to got through whole H-1B process.

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