US work visas for Brits: the E-2, L-1, H-1B and O-1 compared

There's no US equivalent of a working holiday for Brits over 30, so working in New York means one of four main visas, and each has its own catch.

The short version

• E-2 treaty investor: open to Brits because the UK has a treaty with the US. You invest a substantial sum in a real US business and run it [1].
• L-1 intra-company transfer: for people moving within the same group after at least one year with it abroad in the last three [2].
• H-1B: for graduate-level jobs, but places are capped and handed out by a weighted lottery each March. A USD 100,000 fee on new petitions for people outside the US is on hold after a court ruling, but could return [3][7].
• O-1: for people with extraordinary ability or achievement, from scientists to chefs to film crews [2].
• All four are temporary. The L-1 and H-1B sit more comfortably with a later green card application than the E-2 does.

Which visa fits you?

Pound conversions use the Bank of England spot rate of 5 November 2026 (£1 = USD 1.35).

For UK nationals there's no extra reciprocity issuance fee on these visas, and the visa itself can be valid for up to 60 months, though never longer than the approved petition [4]. The employer's US petition fees come on top and vary by company size.

Two things are true of all four. First, you apply from the UK, usually with an interview at the US Embassy in London. Second, your spouse and unmarried children under 21 can come with you on a dependant visa, so the family moves as a unit [1]. And a visa still isn't a guarantee: the final decision on entry is made by the officer at the border [6].

The E-2 treaty investor visa

This is the visa Brits are luckiest to have. It's only open to nationals of treaty countries, and the UK is one. Many nationalities can't use it at all.

The State Department's tests are [1]:

• Nationality: at least 50% of the business must be owned by British nationals (or nationals of the same treaty country).
• A substantial investment: "substantial and sufficient to ensure the successful operation of the enterprise." There's no fixed minimum. A café needs less than a manufacturing firm, and the money must be committed and at risk; cash simply sitting in a bank account doesn't count.
• A real business: a "real and operating, commercial enterprise" that does more than give you and your family a living, or that has a significant economic impact.
• Develop and direct: as the investor, you're coming to run it. British managers and essential skilled staff of a British-owned US company can also get E-2 visas as employees.

You apply on Form DS-160, with Form DS-156E for E-2 employees, and you interview in London [1]. There's no USCIS petition, which makes it faster than the others. In practice, the business plan and evidence of the investment do the heavy lifting.

The catches: the E-2 is renewable for as long as the business qualifies, but it isn't designed as a path to a green card, and if the business fails, so does your status. Spouses can work. Children can study but not work.

The L-1 intra-company transfer

The L-1 is the classic expat posting: your London employer sends you to its New York office. The rules are that the US company must be a branch, parent, affiliate or subsidiary of your current employer, and you must have worked for it abroad for one continuous year within the last three [2].

• L-1A is for managers and executives. It can lead fairly naturally to a green card through the multinational manager category.
• L-1B is for staff with specialised knowledge of the company's products, systems or processes.

Large firms often hold a blanket L petition, which lets employees go straight to the embassy. Everyone else needs an approved Form I-129 petition first [2]. Spouses can work. If you're being posted, also ask HR about a UK–US social security certificate, so you stay in UK National Insurance rather than US Social Security for a period. Our guide to working abroad for a UK employer explains how that works.

The H-1B and the lottery

The H-1B is for "specialty occupations": jobs that need at least a bachelor's degree or equivalent experience [2]. It's the route most graduates think of, and the hardest to plan around.

How it works:

1. Registration in March. Your would-be employer registers you online. Each year there are 65,000 places, plus 20,000 for people with a US master's degree or higher.
2. The lottery. From the FY 2027 season, run in March 2026, USCIS uses a selection weighted towards higher wage levels, so better-paid offers stand a better chance [3]. USCIS said on 31 March 2026 it had enough registrations to fill the year's cap [3].
3. Petition from April. If you're picked, your employer files the full petition.
4. Start on 1 October at the earliest, the start of the US government's financial year.

Then there's the new fee. Since 21 September 2025, many new H-1B petitions carry an extra USD 100,000 (about £74,200) payment. USCIS has confirmed it applies where the petition can't be approved as a change of status inside the US, which in practice means most people being hired from abroad, unless the employer wins a national interest exception [3]. A federal court set aside USCIS's guidance on the payment in June 2026, and after the appeals court refused to pause that ruling on 24 July 2026, USCIS said it would comply while it considers next steps, and would collect the payment again if the order is lifted [7]. Even so, many employers are wary, so a UK-based candidate is a harder sell than a graduate already in the US on a student visa.

Universities and some non-profit research bodies are exempt from the annual cap, so academic jobs follow a different timetable.

The O-1 for extraordinary ability

The O-1 covers people with "extraordinary ability or achievement" in science, the arts, education, business or athletics, and in film and television [2]. Don't let the wording put you off. It isn't only for Nobel winners. In practice it covers successful founders, senior engineers with patents, award-winning chefs, journalists, designers and musicians, provided the evidence is there.

That evidence is the whole game: awards, press coverage about you, high pay compared with your field, a record of judging others' work, published work, critical roles at well-known organisations, and letters from experts. The O-1 needs a US employer or agent to file the petition, and there's no lottery or annual cap, so you can apply at any time of year.

People assisting an O-1 artist or athlete, such as a touring crew, can come on the related O-2.

Practical tips before you apply

• Don't start work early. You can't work in New York on an ESTA, and you can't switch from an ESTA to any of these visas inside the US. Our guide to ESTA vs living in the US explains why.
• Book the embassy early. The FCDO notes that visa appointments at the US Embassy in London are limited [5].
• Sort the UK side. Tell HMRC you're leaving with form P85, and check whether split-year treatment applies to your last UK tax year. Our moving abroad checklist covers the rest.
• Get a US immigration lawyer for anything complex. E-2 business plans and O-1 evidence files make or break the application. An E-2 investment is also a big financial commitment, and a tax adviser who knows both countries can check how the business and your UK assets will be taxed.
• Think about the green card early. If you hope to stay for good, an L-1A or H-1B fits that plan better than an E-2. See green cards and US citizenship for Brits.

Our community group for Brits in the US has plenty of people who've been through the E-2 and L-1 processes. Join here and ask away.

Sources

1. US Department of State: Treaty Trader and Treaty Investor visas (E)
2. US Department of State: Temporary worker visas
3. Legal 500: H-1B FY2027 cap reached – USCIS announces filing season and key requirements (14 April 2026)
4. US Department of State: Visa reciprocity schedule – United Kingdom
5. GOV.UK (FCDO): USA travel advice – entry requirements (updated 30 October 2026)
6. GOV.UK (FCDO): Living in the USA (updated 11 December 2025)
7. USCIS: H-1B Specialty Occupations (updated 21 September 2026)

Keep reading

• ESTA vs living in the US: what the Visa Waiver Program doesn't allow
• Green cards and US citizenship for Brits
• Moving to New York as a Brit
• Leaving the UK: telling HMRC, the P85 and your last tax year