If you are a UK national looking to live the American dream, before you make any plans you will need to consider what visa options are available to you.
In this guide, we look at the most popular visa routes for British citizens looking to make the move Stateside.
Section A: Working in the USA from UK — Starting a business in the US
If you are considering launching or expanding a business in the US, the treaty routes are the primary options for UK nationals. The E-2 investor visa supports founders and owners who are investing in a US enterprise, while the E-1 trader visa supports companies that already conduct substantial cross-border trade with the US. Both are nonimmigrant routes that allow you to live in the US to run the qualifying business, with renewals available while you continue to meet the criteria.
1. E-2 investor visa: who qualifies and what “substantial” means
The E-2 route is available to UK nationals investing in a bona fide US enterprise. There is no fixed statutory minimum investment. Instead, the investment is required to be substantial in a proportional sense when measured against the total cost and nature of the business. Funds need to be at risk and irrevocably committed, not speculative or uncommitted cash sitting in a personal account. The enterprise cannot be marginal, so the business plan should show current or future capacity to generate income beyond a minimal living for the investor and family, typically evidenced through credible financials and job creation projections.
Ownership and control are key. As the investor, you should hold at least 50 percent ownership or demonstrate control through a managerial position or other corporate mechanisms. Day-to-day operational involvement is expected at a strategic level. Passive investments and purely paper entities do not qualify.
2. E-2 evidence and filing: practical steps that make or break cases
The first E-2 submission at post will usually function as the “company registration” for consular purposes. There is no separate federal E-2 registration outside the visa process. A tailored business plan is central. It should set out the market case, staffing plan, detailed financial projections, and how the investment will be deployed within the first years of trading. Source of funds evidence should trace money from origin to the US business account, with clear documentation for transfers and any intermediate accounts.
Corporate setup, licensing and premises evidence carry weight. Include incorporation documents, operating agreements, lease arrangements or other proof of premises, and vendor or client contracts that show the business is real and ready to trade. Where the enterprise is pre-revenue, show irrevocable commitments, such as paid invoices for inventory, equipment or fit-out. If you plan to send staff, build that into headcount and training plans from the outset so the consular officer can see how the enterprise will expand beyond the investor role.
Once approved, visa validity and admission periods follow reciprocity and are commonly generous for UK nationals. Extensions inside the US are typically granted in two-year increments while the business continues to qualify.
3. E-1 trader visa: when ongoing cross-border trade is the driver
The E-1 route suits UK businesses with an existing, documented track record of international trade with US customers or suppliers. The trade needs to be substantial, meaning a sizable and continuing flow of transactions over time, with real shipments or deliverables. The rule on principal trade is that more than 50 percent of the applicant’s international trade should be with the US. Officers place greater weight on the number and regularity of transactions than on headline values, so month-by-month invoices, contracts and shipping or service delivery records are persuasive. Qualifying trade covers goods, services and technology, provided there is an actual, traceable exchange across borders.
4. Bringing employees under E-1 and E-2
Both routes allow qualifying employees to work in the US for the treaty enterprise. Staff sent under the E category should share the treaty nationality, and they need to be executive or supervisory, or have skills that are essential to the US operation. You can also transfer key employees to the US under the E2 route, aligning their roles with the business plan and headcount model so the file shows a coherent staffing strategy.
5. Action points if you are starting now
Start evidence gathering early. Align your cap table and governance documents to show ownership or control. Prepare clean banking trails for the investment funds and get premises, licensing and vendor agreements in place before filing. Use the E2 company first filing at post to “register” the enterprise for consular purposes, then maintain a document set with updated financials and payroll to support future extensions. If your model is trade-led rather than investment-led, map out your US-UK transaction history and pipeline, then position the E-1 visa case around recurring contracts and deliveries rather than one-off deals.
Section B: Working in the USA from UK — Transferring to a US office
If you have been asked to relocate to a US affiliate or to help stand up a new branch, the L-1 category is the primary route. The L-1 visa allows qualifying employees of a multinational group to transfer to a US parent, branch, affiliate or subsidiary on a temporary basis. Your role and your recent overseas employment history are the focus, together with the corporate relationship between the UK entity and the US company.
1. Core eligibility: recent overseas service and qualifying role
You should have been employed outside the US by the qualifying organization for one continuous year within the three years before filing or admission. That qualifying year needs to have been in an executive or managerial role for an L-1A visa, or in a specialized knowledge role for an L-1B visa. In the US, you will work in the corresponding capacity. Executive and managerial roles focus on directing the organization or a major function, setting goals and exercising wide discretion. Specialized knowledge means advanced knowledge of the company’s products, services, processes or procedures that is not commonly found in the labor market and that is significant to the organization.
2. Qualifying relationship: parent, branch, affiliate or subsidiary
The UK and US entities are required to have a qualifying relationship, usually shown by common majority ownership or common control by the same persons or entities. Typical configurations include a UK parent with a US subsidiary, a US parent with a UK branch, or two affiliates under shared ownership. Evidence usually includes group charts, shareholder registers, constitutional documents and, where relevant, intercompany agreements. The relationship needs to remain in place throughout the period of L-1 employment.
3. L-1A vs L-1B: what changes in practice
L-1A is for executives and managers. The total period of stay is up to seven years, usually granted as an initial period with extensions in two-year increments. L-1B is for specialized knowledge workers. The total period of stay is up to five years. Time spent physically outside the US can be eligible for recapture if you maintain good travel records. Promotions or role changes can support a later change from L-1B to L-1A if the US operation grows to support a genuine managerial or executive position.
4. New office transfers: one-year initial approval and evidential focus
Where the US entity is newly formed or not yet doing business, the first L-1 approval is generally limited to one year. You should show secured premises, capitalization appropriate to the business model, and a credible plan to support an executive or managerial role within the first year. A detailed business plan should cover market analysis, revenue projections, staffing timelines and US payroll. Leases, vendor contracts, client letters of intent and proof of bank accounts help demonstrate the office is real and ready to trade. Extensions will look for execution against the plan, including revenue, hiring and organizational charts that confirm the need for the transferred role at the claimed level.
5. Filing routes and evidence: individual vs blanket
Most transfers proceed through an individual I-129 petition to USCIS, followed by a consular interview. Large multinationals may qualify for an L blanket, which can streamline transfers where the UK employee applies at the consulate with the blanket approval and an I-129S. In either route, strong evidence of the qualifying year abroad, the US job description and duties, and the corporate relationship is key. Organizational charts, detailed duty breakdowns with percentages of time, UK and US payroll records, and samples of work product or process documentation often make the difference on specialized knowledge cases.
6. Dependents, work authorization and travel
Spouses and unmarried children under 21 qualify for L-2 status. L-2 spouses are work authorized incident to status when their I-94 reflects the appropriate annotation, so a separate work card is not required. Children are not work authorized. Frequent travelers should keep precise records to support any recapture of time outside the US and to evidence maintenance of continuous employment with the qualifying organization.
7. Practical points to strengthen an L-1 file
Align the UK and US job descriptions so the link between past qualifying duties and the proposed US role is clear. For L-1A, show the hierarchy you will manage, budget authority and decision-making scope. For L-1B, document the specific products, processes or methodologies that make the knowledge advanced, and explain why it is significant to the US operation. Maintain clean proof of the one-year qualifying period with contracts, payslips and HR letters. For new offices, put premises, corporate setup and first hires in place before filing so the petition reads as a real, funded expansion rather than an intent alone.
Section C: Working in the USA from UK — Accepting a US job offer
If you have a US job offer, the two primary professional routes are the H-1B visa and the O-1 visa. H-1B suits roles that qualify as a specialty occupation with employer sponsorship and wage compliance. O-1 suits individuals with a sustained record of achievement at a high level. Both require careful coordination between the employer and the applicant, with evidence tailored to the role and the petitioner.
1. H-1B overview: when it applies and what sponsors do
The H-1B is for professional roles that require at least a bachelor’s degree or equivalent in a specific specialty. Sponsorship is required. The US employer files the petition and undertakes wage and public notice obligations. H-1B classification is normally granted for up to three years, with extensions up to six years in total, and further time is available in limited circumstances tied to green card progress. Work is authorized incident to H-1B status once admitted or changed to H-1B in the US.
2. Specialty occupation and your qualifications
The role should require theoretical and practical application of highly specialized knowledge and a degree in a directly related field. If you do not hold a US bachelor’s degree in the exact discipline, a combination of foreign education, professional qualifications and progressive experience can be evaluated for degree equivalence. The position description, organizational charts and evidence of how the employer has historically staffed the role help demonstrate that a degree in a specific specialty is normally required.
Read more about what counts as a specialty occupation.
3. Cap, lottery and cap-exempt employers
Most new H-1B positions are subject to the annual cap. Employers complete online registration during the published window and selections are made by lottery. If selected, the employer files the full petition within the filing period. Some organizations are cap exempt, including accredited US universities, related or affiliated nonprofit entities and certain nonprofit or governmental research organizations. Cap-exempt roles can be filed year round.
4. Labor Condition Application and wage compliance
Before filing the H-1B petition, the employer is required to secure a certified Labor Condition Application. The LCA sets wage and worksite terms. Employers are required to pay the higher of the prevailing wage for the occupation or the actual wage paid to similarly employed workers. Public notice and a public access file are required. The outdated figure of $60,000 is not a general threshold for H-1B roles and should not be used as a proxy for wage compliance.
5. Process, timing, portability and extensions
After the LCA is certified, the employer files Form I-129 with supporting evidence. Consular processing follows for applicants outside the US. Premium processing is available for faster petition adjudication, although it does not speed consular appointment availability. If you already hold H-1B status, portability allows you to begin work for a new H-1B employer after that employer files a nonfrivolous petition, provided you were lawfully admitted and have not worked without authorization. Keep detailed travel records, as time spent outside the US can be recaptured to extend H-1B time limits.
6. O-1 overview: when extraordinary ability fits better
The O-1 category is designed for individuals who can evidence extraordinary ability in the sciences, education, business or athletics (O-1A), or extraordinary ability in the arts or extraordinary achievement in motion picture or television (O-1B). The standard is high. You should show sustained national or international acclaim and that you will continue work in the area of expertise in the US. The initial period of stay is up to three years, with one-year extensions while the qualifying work continues.
7. Building a strong O-1 record
Evidence typically includes major prizes or awards, membership in associations that require outstanding achievements, published material about your work, original contributions of major significance, authorship in scholarly or industry journals, high salary compared with others in the field, and a leading or critical role for distinguished organizations. Expert letters should be detailed, from independent referees, and tie your achievements to objective impact. Contracts, deal sheets and itineraries connect your achievements to the US role you will undertake.
8. Green card planning and dual-intent considerations
H-1B is recognized as dual intent, so pursuing permanent residence does not in itself prejudice H-1B extensions or travel. L-1, covered in Section B, is also dual intent. O-1 is not formally dual intent, yet many O-1 professionals pursue immigrant petitions, such as EB-1 or EB-2, while maintaining O-1 classification. Plan travel around any immigrant visa processing so you can show nonimmigrant compliance at the border if asked.
9. Dependents and work rights
Spouses and unmarried children under 21 qualify as H-4 or O-3 dependents. H-4 spouses can qualify for employment authorization in limited scenarios tied to the principal’s green card process. O-3 dependents do not receive work authorization. School enrollment is permitted for dependent children. Keep I-94 records and passports current for the family and align travel with petition validity dates.
10. Practical points to strengthen an H-1B or O-1 file
For H-1B, align the job description, minimum requirements and wage level. Keep the role’s degree requirement narrowly tailored to the field and avoid generic language. Gather transcripts, evaluations and detailed experience letters early. For O-1, curate evidence that shows impact, not just participation, and tie each exhibit to the regulatory criteria. In both routes, keep contracts, payslips and corporate documents organized. If timing is tight, map out interim options such as cap-exempt H-1B employment or short-term O-1 engagements while longer-term plans progress.
Section D: Working in the USA from UK — Making a new life in the US
Once you are established in role, planning for longer term residence becomes a practical priority. Some categories support repeated extensions, while others have fixed maximums. Green card strategy should be mapped early so travel, job moves and family plans align with the immigration timeline. Where your goal is permanence, match the nonimmigrant route you hold today with a realistic immigrant category and evidence plan.
1. Staying longer on a temporary visa
E-1 and E-2 classifications allow continued stay through successive extensions while you keep meeting the treaty criteria. In-country extensions are commonly granted in two-year increments and there is no fixed limit on the number of renewals. Visa stamp validity is governed by reciprocity, but the controlling document for stay is the I-94 issued at entry or approval.
H-1B is typically granted for up to three years at a time, within a normal six-year limit. Additional time can be available where a green card process has reached defined milestones. L-1A has a seven-year maximum and L-1B has a five-year maximum. O-1 is approved for the period of the qualifying work, up to three years initially, with one-year extensions while the work continues. Keep calendars for status expiry and plan filings early so you maintain continuous status without relying on grace periods.
2. Dual intent and how immigrant plans affect travel
H-1B and L-1 are recognized as dual intent, so pursuing permanent residence does not, on its own, prejudice extensions or visa renewals. O-1 and the E categories are not formally dual intent. Many O-1 professionals and E treaty investors still move forward with immigrant petitions, but travel should be planned with care so you can show compliance with nonimmigrant terms if asked at the border. If you file for adjustment of status, factor in advance parole for reentry during the process and keep documentary proof of your ongoing nonimmigrant employment in case officers ask for it on return.
3. Green card pathways that pair with your current route
For H-1B, the usual path is EB-2 or EB-3 through PERM labor certification. Timelines vary by role and chargeability, so build the case file early with precise job descriptions, recruitment records and degree evidence. For L-1A executives and managers, EB-1C is often the most direct route, provided the US role is genuinely executive or managerial and the group structure supports the multinational criteria. For O-1, EB-1A and, for some, EB-2 with a National Interest Waiver are common strategies where the achievements can be framed to the immigrant standards. E-1 and E-2 holders often transition to immigrant options that match the business, for example EB-2/EB-3 via a US employer or, for qualifying investors, routes such as EB-5 where the facts support it. If permanence is the goal, start evidence curation well before filing so letters, publications, deal sheets and organizational materials are ready when needed.
4. Family status and work rights during the journey
Spouses of E and L principals are work authorized incident to status when the I-94 carries the correct “S” annotation, so a separate work card is not required. H-4 spouses may qualify for employment authorization in limited scenarios tied to the H-1B principal’s green card progress. O-3 dependents are not work authorized. Keep passports, I-94s and petition approval notices current for all family members and align school calendars and travel with status validity dates.
5. Adjustment of status vs consular processing
When moving to a Green Card, you can apply inside the US through adjustment of status if eligible, or complete the process at a US consulate. Adjustment allows you to remain in the US during adjudication, but work and travel may require interim documents depending on category. Consular processing can suit frequent travelers or those with time-sensitive assignments abroad, provided you plan for interview backlogs and obtain police certificates and civil documents in good time. Choose the path that best fits your travel profile and project timelines.
6. Practical steps to lock in long-term options
Keep a running file of contracts, organizational charts, payslips, tax forms and independent evidence of role scope and achievements. For managers, show headcount, budgets and policy authority. For specialists and O-1 profiles, track citations, press, awards and expert letters from independent referees. E investors should maintain clean accounting, payroll and job creation evidence to support renewals. Coordinate with HR on title changes and promotions so they support, rather than undermine, the future immigrant case. Map travel against filing dates and carry copies of key approvals and employment letters when you reenter the US.
7. Common pitfalls to avoid
Letting I-94s expire without a timely extension filing risks unlawful presence and can derail green card plans. Moving into a materially different role without checking how the change affects the petition can trigger compliance problems. For new-office L-1s, failing to deliver against the first-year plan weakens the extension case. For E routes, undercapitalized businesses and thin documentary trails on source of funds draw scrutiny. For all routes, inconsistent titles, mismatched job descriptions and gaps in payroll records invite questions. A disciplined document habit and early planning reduce these risks.
Section E: Summary
For UK nationals, working in the US means securing the right visa and meeting the conditions that come with it. Whether you are investing in a new enterprise under the E-2 route, transferring through an L-1, taking up a skilled role under an H-1B, or qualifying on merit under an O-1, each category demands careful preparation and precise evidence. The process is document-heavy and highly regulated, with the smallest inconsistencies capable of delaying or derailing approval.
Early planning is critical. Identify the correct route, understand what your employer or business will need to show, and time your filings against project or relocation deadlines. Those aiming for a long-term stay should align visa strategy with green card planning from the outset. Maintain detailed records, keep roles consistent with filings, and protect status through timely renewals. With strong preparation and disciplined compliance, the path from the UK to a lawful and successful working life in the US can be managed with confidence and clarity.
Section F: Need Assistance?
NNU Immigration are dedicated US immigration attorneys. We support individuals, employers, entrepreneurs and key personnel with all aspects of US immigration applications for work and business. If you require support or guidance with a US immigration matter or application, contact us.
Section G: Working in the USA from UK FAQs
Can a British citizen work in the US?
Yes, but only if you hold valid permission to do the work in question. British citizens cannot work in the US without the correct immigration status. You will need either a qualifying US work visa, such as an E, L, H-1B or O-1, or permanent resident status through a Green Card. Each category has its own eligibility, sponsorship and evidentiary requirements. You cannot work under the Visa Waiver Program or a visitor visa, even for short-term professional projects.
How can I get work in the US?
To work in the US, you need employment authorization through one of the recognized routes. Most commonly, this means securing a US job offer from an employer willing and eligible to sponsor you for a visa, such as H-1B, L-1, E-2 or O-1. Alternatively, if you qualify as an investor or trader, you may be able to apply through the E-1 or E-2 categories. Some individuals qualify for permanent residence directly through employment or family sponsorship. Each option requires evidence that you meet the criteria and that the work or investment is legitimate and ongoing.
Can I get a job in the US while still in the UK?
Yes. Many UK nationals secure employment offers from US employers before applying for their visa. You cannot start the job until your visa has been approved and you have entered the US in the correct classification. For H-1B roles, employers need to complete the registration process and obtain a certified Labor Condition Application before filing the petition. For E-1, E-2 or L-1 transfers, most of the process can be handled while you are still overseas. Plan time for petition adjudication, visa interview scheduling and consular processing before you set a start date.
Can foreigners work in the US without a visa?
No. Foreign nationals require authorization to work in the US. For most, this authorization comes from a valid work visa or Green Card. Some individuals in specific categories, such as certain dependents or those waiting on green card applications, may hold an Employment Authorization Document (EAD). However, primary visa holders in routes like H-1B, L-1, or E-2 are work authorized incident to status and do not need a separate EAD. Unauthorized work can lead to removal proceedings and long-term bars on re-entry, so it is critical to hold the right status before starting employment.
Can my spouse work in the US?
It depends on your visa category. Spouses of E-1, E-2 and L-1 visa holders are work authorized incident to status when their I-94 record carries the correct “S” annotation, and they do not need a separate employment card. H-4 spouses may apply for an EAD if the H-1B principal has reached defined stages in their green card process. O-3 dependents, and children under any dependent classification, are not work authorized. It is important to review your I-94 record after entry to confirm your dependent work rights before taking up any employment.
Can I live permanently in the US?
Yes, if you qualify for permanent residence. Some employment-based routes, such as H-1B and L-1, support “dual intent,” meaning you can hold temporary status while pursuing a green card. Investor and self-petition options, such as EB-5 or EB-1A, may also be open to some UK nationals. The process for permanent residence is highly evidence-driven and takes time, so plan early if you intend to make your stay in the US long term.
Section H: Glossary
| Term | Definition |
|---|---|
| E-1 treaty trader | Nonimmigrant route for companies conducting substantial, ongoing trade where over half of their international trade is with the US. |
| E-2 treaty investor | Nonimmigrant route for investors who have made a substantial, at-risk investment in a bona fide US enterprise and will direct and develop it. |
| Substantial investment | No fixed minimum. The amount is proportionate to the type and cost of the business, with funds committed and at risk. |
| Marginal enterprise | A business that only supports a minimal living for the investor and family. E-2 requires more than marginal capacity, usually shown by jobs and revenue. |
| Principal trade | For E-1, more than 50% of the trader’s international trade is with the US over time. |
| E-category employees | Executives, supervisors, or essential-skills staff with the same treaty nationality as the E-1 or E-2 enterprise. |
| L-1A | Transfer route for executives or managers of a qualifying multinational group. |
| L-1B | Transfer route for employees with specialized knowledge of the company’s products, services, or processes. |
| Qualifying relationship | Parent, branch, affiliate, or subsidiary link between the UK and US entities shown by common ownership or control. |
| New office L-1 | Initial one-year L-1 approval to open or grow a US office, with added evidence of premises, funding, and staffing plans. |
| Blanket L | Pre-approved framework that lets large groups transfer eligible staff via consular processing using a blanket approval. |
| H-1B | Employer-sponsored route for specialty occupations requiring a degree in a specific field or equivalent experience. |
| Specialty occupation | A role that needs theoretical and practical application of highly specialized knowledge and a directly related degree. |
| Labor Condition Application (LCA) | Employer attests to pay at least the higher of the prevailing wage or actual wage and to set worksite terms and notices. |
| O-1A / O-1B | Route for individuals with extraordinary ability or achievement, evidenced by sustained national or international acclaim. |
| Dual intent | Policy that lets some nonimmigrants, such as H-1B and L-1 holders, pursue a green card without harming temporary status. |
| I-94 | Arrival/departure record that controls the authorized period of stay in the US, separate from visa stamp validity. |
| Public Access File | Compliance file H-1B employers keep to evidence LCA wage and notice obligations. |
| PERM | Labor certification process for many EB-2 and EB-3 green card cases to test the US labor market. |
| EB-1C | Immigrant route for multinational executives or managers moving into a qualifying US leadership role. |
| EB-1A | Immigrant route for individuals with extraordinary ability who can show sustained acclaim at the top of their field. |
| EB-2 National Interest Waiver | EB-2 path where the job offer and PERM can be waived if the work has national importance and the applicant meets the waiver test. |
| Adjustment of status | Process to apply for permanent residence inside the US rather than through a consulate abroad. |
| Consular processing | Completing a visa or immigrant case at a US consulate outside the US, including medical exam and interview. |
| EAD | Employment Authorization Document. A work card issued to certain categories, such as some dependents or adjustment applicants. |
| Portability (H-1B) | Rule that allows an H-1B worker to start with a new employer once a nonfrivolous petition is filed, subject to conditions. |
| Recapture time | Ability to add back periods spent outside the US to extend H-1B or L-1 stay within the overall limit. |
| Reciprocity | Country-specific rules that set visa validity and number of entries, separate from the period of stay shown on the I-94. |
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.