Which US visa do I need?

A British passport lets you visit the US on an ESTA, but not live or work there. To move, you need a visa, and the route you choose decides how long you can stay, whether your partner can work and whether it can lead to a green card.

The main routes at a glance

ESTA: for visits, not moving

• An ESTA (Electronic System for Travel Authorization) lets British citizens visit for up to 90 days. It has cost $40 (about £30) since 30 September 2025 and usually lasts 2 years, or until your passport expires
• You can’t work, extend your stay beyond 90 days or switch to another status inside the US
• You normally can’t use an ESTA if you have been in Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria or Yemen since March 2011, or Cuba since 12 January 2021. You may also be refused one if you have ever been arrested, refused entry or overstayed. Then you need a visa
• CBP now wants a selfie photo on your ESTA. The FCDO says you may need to reapply if yours doesn’t have one
• A December 2025 proposal would make ESTA applicants list 5 years of social media. In May 2026 CBP said it was revising it; it isn’t final. Apply only on the official site, esta.cbp.dhs.gov

E-2 treaty investor: the founder route

The UK is a treaty country, so British nationals can get an E-2 by investing a “substantial” amount in a real, operating US business they develop and direct. No fixed minimum

• The business must be at least 50% owned by British (or other treaty-country) nationals
• It must be more than “marginal”: it has to do more than just provide a living for you and your family
• The US Embassy in London asks for evidence that you live in the UK, and a signed statement that you’ll leave the US when your E-2 status ends
• British nationals usually get a 5-year E-2 visa, with admission for up to 2 years each time you enter. You can keep renewing while the business qualifies
• Your spouse can work in the US without a separate permit
• There is no direct green card route, so plan for that if you want to stay long term

L-1: moving with your employer

• You must have worked full time for a related company abroad (parent, branch, subsidiary or affiliate) for one continuous year in the last 3 years
• L-1A is for managers and executives: up to 3 years at first (1 year if you’re opening a new US office), extended 2 years at a time to a maximum of 7 years
• L-1B is for staff with “specialised knowledge”: a maximum of 5 years
• An L-1 ties you to that employer group. See Changing jobs on a visa
• Your spouse can work without a separate permit

H-1B: the selection visa

The H-1B is for jobs that need at least a bachelor’s degree in a specific field. The employer must pay the higher of the actual wage for the role or the prevailing wage for the job and area. It is granted for up to 3 years at a time, usually 6 years in total.

• New H-1Bs are capped at 65,000 a year, plus 20,000 for people with a US master’s degree or higher. Some employers, such as universities, are exempt from the cap
• Employers register you online each March, for $215 per person. USCIS says the cap for the year starting 1 October 2026 (FY 2027) has been reached
• Since February 2026, selection is weighted by pay: a job at the top wage level (IV) gets 4 entries and the lowest (I) gets 1
• Your spouse (H-4) can only work with a separate permit, and only in limited cases. See The partner at home

The $100,000 H-1B fee: where it stands

A September 2025 proclamation required a $100,000 payment (about £75,800) for many new H-1B petitions for workers outside the US. It has been fought in the courts since:

The appeal is still pending and the government may go to the Supreme Court. This is moving fast: ask your employer’s immigration attorney for the position on the day they file.

O-1 and J-1

• O-1A covers extraordinary ability in science, education, business or sport; O-1B covers the arts, film and TV. You need strong evidence, such as major awards, press coverage or a leading role. It is granted for up to 3 years, then extended a year at a time, with no annual cap
• J-1 covers exchange programmes run by approved sponsors: interns, trainees, researchers, teachers, au pairs, camp counsellors and others
• Some J-1 holders must spend 2 years in their home country before getting an H-1B, L-1 or green card: for example, if the programme was government funded or was for graduate medical training. Check your DS-2019 form and ask your sponsor

Not open to British citizens

TN visas are for Canadians and Mexicans, the E-3 is for Australians, and the H-1B1 is for Chileans and Singaporeans. There is no general US visa for retirees.

Family green cards

The US citizen or green card holder files Form I-130 ($625 online or $675 on paper, about £475 to £510). A K-1 starts with Form I-129F ($675). If you’re already in the US legally, you may be able to apply for your green card there (Form I-485, $1,440, about £1,090). The sponsor must show they can support you, with an affidavit of support. See Green cards and citizenship.

The Diversity Visa lottery

• The lottery offers up to 55,000 green cards a year to people born in countries with low US immigration
• Great Britain is excluded. Northern Ireland is treated separately for the lottery, so people born there can enter
• It goes by country of birth, not passport, though in some cases you can claim your spouse’s country of birth
• You need a high school education (12 years of schooling) or 2 years’ work in a qualifying job in the last 5 years
• In November 2025 the State Department postponed DV-2027 registration without giving a date, and as of mid-September 2026 no DV-2028 dates had been published. On 31 August 2026 the State Department announced a new pause on issuing diversity visas
• Entry is free and only through the State Department’s official site. Ignore anyone who says you have won or charges you to enter

What it costs

The USCIS petition fees above date from April 2024. USCIS changes fees often, so check its fee schedule (Form G-1055) before you file. A $250 “visa integrity fee” became law in July 2025, but reports in 2026 conflict on whether and where it is being collected: ask the embassy when you book.

Interviews, vetting and travel bans

• Since late 2025 almost everyone needs an in-person interview, with limited exceptions such as some visitor visa renewals. Book at the US Embassy in London or the Consulate General in Belfast, in your country of nationality or residence
• The London embassy says appointments are limited and tells H-1B, F, J and some other applicants to set their social media accounts to public
• Officers are also told to check whether visa applicants might need public benefits
• Since 1 January 2026, Proclamation 10998 suspends or limits visas for nationals of 39 countries. The UK isn’t one, but it can affect a partner with another nationality
• Don’t book flights, resign or give notice on your home until the visa is in your passport

Getting help

US immigration law changes quickly and mistakes are costly. Use a licensed US immigration attorney, and be wary of anyone who promises a result. See also Understanding a US job offer and The partner at home.