Moving to New York as a Brit: the visa routes that actually work

There's no Brexit-style shortcut and no points system: you get to New York through a job, a business, a course or an American partner, and you need the visa before you fly.

The short version

• An ESTA lets you visit for up to 90 days. You can't extend it, switch to another status from inside the US, or use it to live there [1].
• The main work routes are the H-1B, the L-1 intra-company transfer, the O-1 for people with extraordinary ability, and the E-2 treaty investor visa, which is open to British citizens [2].
• A US$100,000 fee (about £74,200) on new H-1B petitions for people outside the US has been extended to September 2027, but USCIS stopped collecting it after a July 2026 court ruling and says it will collect it again if that order is lifted [3][9].
• Marrying or partnering an American is the most common family route to a green card. The US recognises dual citizenship, so you can keep your British passport [4].
• There's no US retirement visa or digital nomad visa. Before you go, tell HMRC you're leaving, check your State Pension record and arrange health insurance: there's no reciprocal healthcare deal with the UK [4][5].

First, the ESTA is a holiday pass, not a move

Most of us know the ESTA from trips to Florida or a long weekend in Manhattan. Under the Visa Waiver Program you can stay for 90 days or less for tourism or business. The State Department is blunt that Visa Waiver travellers "are not permitted to extend" their stay and "are not permitted to change status in the United States" [1]. So you can't fly in on an ESTA, land a job at a Midtown bank and switch over. You'd have to leave and come back on the right visa.

When we checked the FCDO travel advice for the USA on 7 November 2026 (page updated 30 October 2026), it said you need the correct ESTA or visa approval before you travel, that a valid ESTA or visa doesn't guarantee entry, and that officers may ask to inspect your phone, emails and social media, with a refusal possibly leading to delay or denial of entry [6]. It also warns that visa appointments at the US Embassy in London are limited, so apply well ahead [6]. Our guide to what the Visa Waiver Program doesn't allow goes into the 90-day rule in detail.

The main routes for Brits

Work visas

The H-1B is the classic graduate job visa, but it's capped and handed out by lottery each spring, so even a great offer isn't a sure thing. Since September 2025 a US$100,000 fee has applied to many new H-1B petitions. A September 2026 proclamation extended it to petitions filed up to 21 September 2027 for people outside the US without a valid H-1B visa. People already in the US changing status or extending are exempt. In July 2026 a federal appeals court refused to pause a ruling against the fee, so USCIS isn't collecting it for now, and that case was still going when we checked [9]. In practice, many New York employers now think twice before sponsoring someone from London.

The L-1 suits people already working for a multinational. If your firm has offices in the City and on Wall Street, a transfer is often the smoothest route, as the employer does the heavy lifting.

The O-1 is for people with "extraordinary ability". It's not as rarefied as it sounds, but you'll need evidence: awards, press, high pay, judging others' work. Expect a thick file and a specialist lawyer.

The E-2: the Brit's business route

Because the UK has the right kind of trade treaty with the US, British citizens can use the E-2 treaty investor visa [2]. You need to invest a "substantial" amount relative to the cost of the business, the business must be real and operating rather than marginal, and you must own at least 50% or have operational control [2]. There's no fixed minimum, which is both a relief and a bit of a minefield.

The initial stay is up to two years, with extensions in two-year chunks and no limit on how many [2]. Your spouse in E-2 status can work without applying separately [2]. The catch: it isn't a path to a green card on its own, and the visa only lasts as long as the business does.

Family routes and the green card

Marrying an American, or getting engaged to one, is the most common family route. A US citizen can sponsor a spouse for a green card, which the FCDO describes as allowing you to "live and work permanently in the USA" [4]. There's also a fiancé(e) route where you marry within a set time after arriving. Both involve forms, fees, medicals and an interview, and they take months, not weeks.

If your partner is American, our sister site ExpatStateside explains how dual citizenship works under US law, which is handy if you're planning a family with a foot in both countries.

The green card lottery is mostly a no-go. The Diversity Visa programme excludes countries that send lots of immigrants to the US, and Great Britain has been on the excluded list for years. People born in Northern Ireland have historically been able to enter. The State Department's diversity visa pages didn't load when we checked, and the programme has been in flux, so read the current year's instructions before you rely on it. Our guide to green cards and US citizenship for Brits covers the rest.

Retiring or working remotely

There's no US retirement visa of the kind Spain, Portugal or Thailand offer. Retirees with money to invest sometimes use the E-2. Others spend long spells visiting, but that isn't living there, and border officers notice patterns.

There's no digital nomad visa either. An ESTA is for visits, and doing your normal London job from a flat in Brooklyn for months on end isn't a visit. If you want to keep a UK employer, the realistic route is usually an L-1 through a firm with a US entity. Get advice from a US immigration lawyer before you assume otherwise.

What to sort before you go

1. Pick your route and get the visa first. Talk to a US immigration lawyer, and book your US Embassy appointment early [6].
2. Tell HMRC you're leaving. Use form P85 if you've been employed and won't be filing a Self Assessment return for the year you leave [7]. Our guide to leaving the UK and the P85 explains the rest.
3. Check your State Pension forecast. The US is one of the countries where the UK State Pension goes up every year [8], so it pays to keep your record healthy. See voluntary National Insurance from abroad.
4. Arrange health insurance from day one. The FCDO notes there's no reciprocal health agreement with the UK [4]. The NHS and your GHIC won't help, and a hospital bill in Manhattan will make your eyes water. Our healthcare in New York guide covers the options.
5. Plan for the paperwork on arrival: a Social Security number, a US bank account and a US credit history, which starts from zero.
6. Register as an overseas voter. You can't vote in US federal or state elections unless you become a citizen, but you can keep voting in the UK [4].

Once you've landed, our community group for Brits in the US is a good place to ask who does a decent fry-up near the office, and you can join here.

Coming with children?

Your children's status follows yours. Children of H-1B, L-1, O-1 and E-2 holders get dependant visas and can go to state school. Our guide to schools in New York covers British and international options.

Pound conversions use the Bank of England spot rate of 5 November 2026 (£1 = USD 1.3476). Visa rules are general information; a US immigration lawyer can check your own case.

Sources

1. US Department of State: Visa Waiver Program
2. USCIS: E-2 Treaty Investors
3. Mintz: Presidential proclamation extends $100K H-1B fee (23 September 2026)
4. GOV.UK (FCDO): Living in the USA (updated 11 December 2025)
5. GOV.UK: Tax on your UK income if you live abroad
6. GOV.UK (FCDO): USA travel advice – entry requirements (updated 30 October 2026)
7. GOV.UK (HMRC): Income Tax – leaving the UK, getting your tax right (P85)
8. GOV.UK (DWP): Countries where we pay an annual increase in the State Pension
9. USCIS: H-1B Specialty Occupations (updated 21 September 2026)

Keep reading

• US work visas for Brits: E-2, L-1, H-1B and O-1
• Renting in New York
• Cost of living in New York vs London and the UK average
• Moving abroad checklist for Brits