In case Peter doesn't answer, my personal experience has been that you'll want a more stable work visa than an H1. Given your skills, one of you should be able to get one (and the other can come as a spouse and apply for a work permit with the right visa type). After a few years with that, you can apply for a green card (permanent resident status). I know people who have renewed those for decades without becoming citizens. Or, after a few years with the green card, you can apply for citizenship.

I know lots of Brits and Canadians in California who have also followed this path.

A lot of talk in here about H1B visas, and that's probably because they're the most plentiful. But, that's not the only type of visa that people should be thinking about.

Thanks for the response. Yes, there are other options that aren't subject to the crazy and uncertain H-1B lottery such as the O-1 visa (which, without knowing more, you both probably would qualify for). And while the O-1 is tied to a company, this can be your company. A lot of founders in the U.S. are on O-1s. There is also the intra-company transferee visa (if you are transferring to a related company in the U.S.) and the E-2 visa if you are looking to start a company in the U.S. based on a substantial investment.

Could you elaborate on how an E2 founder could get to become an immigrant?

Most countries have a treaty of commerce and trade with the U.S. that gives rise to the E-2 visa. In short, you must establish a U.S. company, you and/or others from your country of citizenship must invest at least $100k in this company, the company must spend a substantial portion of this on business related expenses, and you must have a good business plan showing, among other things, the employment of U.S. workers over a 5-year period.

Thanks. Yes I am familiar with the E2 having had one for 12 years. I'm asking how it would help you to become an immigrant (the original question).

You could've restated your original question without the condescending first sentence, GP obviously didn't know that, so the derision is wholly unnecessary.

OK I edited and removed the first sentence. Apologies if I sounded condescending.

There's a basic common misunderstanding that there's a connection between an individual's underlying nonimmigrant status and his or her green card options. There's no connection. Underlying status has no bearing on green card options. The connection is merely coincidental. Green card options are analyzed separately regardless of underlying status. Underlying status can impact timing and travel but not the path. So, as an E-2 you can pursue a green card and the path will depend on your job, your qualifications, etc.

The most straightforward approach in your case would be an EB2-NIW green card application assuming you were born in the UK. It basically amounts to showing that you are doing something demonstrably useful to the US (e.g., papers, grants, awards, citations, the usual). You can do it yourself on the cheap for 2-3k in USCIS fees including premium processing, or add another 5-10k for lawyer fees if you go through a lawyer. The only issue with this strategy is that consular processing from outside the US can take up to a year or more.

You could find a US company with an office in the UK that will let you work there for a year before brining you to the US on an L1. You could also apply for an O1 if you’ve published a lot.

The L1 can be worse than the H1 bind in some ways - has effectively all of the same rules, with the primary and critical exception you cannot change employer in the US. On the L1, your Green Card is much more at the mercy of how nice your employer is, as you won't be able to change job if they start slow-walking it etc. The trade off is not being subject to the H1 cap of course.

You can also try to convince your employer to keep applying for an H1 for you while you are working on an L1 - if they agree that's usually a good sign the employer is going to work hard to complete your GC process, and isn't just using the L1 status to handcuff you to the company.

May I ask why? I’m considering moving to the UK.

Mainly for the weather, also the UK is on a downward trend as a place to live at the moment. It’s by no means a bad place to be but it the trend isn’t up.

Sky high property prices across the country compared to wages (not just on the coast or in London, everywhere).

Low salaries and high cost of living compared to equally developed countries.

Chronically underfunded public services but ever increasing taxation.

It rains a lot and the weather miserable, this is the biggest one for us personally.