London remains a fantastic launchpad for tech startups, but the sheer scale of the American market always draws founders across the Atlantic. For a long time, expanding to the US followed a predictable path where you built a product, raised capital, and booked a flight to New York or San Francisco.
Recent shifts in American immigration rules have disrupted that traditional playbook. Moving your business to the US in 2026 takes a different strategy to what worked a few years ago. Let’s take a closer look at how British entrepreneurs are managing their transatlantic transfers today.
The Shift Away From the H-1B Lottery
Historically, the H-1B visa was the standard choice for skilled professionals moving to America. That option is now far less reliable for early-stage founders thanks to fierce competition and rising costs. The selection rate sat at around 35.3% for FY 2026, which means you’re gambling the future of your expansion on a lottery draw.
To make matters worse, in September 2025 the US government introduced a $100,000 fee on new H-1B petitions for workers based outside the country, which has to be paid before the petition is even filed.
This fee has faced legal challenges across multiple courts. In June 2026 a federal court in Massachusetts vacated it as unlawful, finding it exceeded presidential authority. The government is expected to appeal, so the situation may yet change. For a small startup, this level of legal uncertainty, on top of the underlying cost, makes the route difficult to rely on.
On top of that, a new wage-weighted selection process took effect on 27 February 2026 and applies from the FY 2027 cap season, with registration in March 2026. It gives higher-paid roles far better odds, so younger companies offering entry-level salaries can’t compete against the tech giants.
Why the O-1A Is the New Default Option
Because the H-1B route has become increasingly challenging for many startups, founders now lean on the O-1A visa for individuals with extraordinary ability. This route skips the annual lottery completely and has no annual cap, so you can apply at any time of year. It’s designed for people who can prove they’re at the top of their professional field.
Founders who want to understand what a petition actually involves can start by reading through the O-1A visa application process before assessing whether their evidence is ready. You must satisfy at least three of eight criteria, which include things like national or international awards, press coverage about you, original contributions to your field, authorship of articles, and a high salary relative to your peers. Things like venture capital backing don’t count as a criterion on their own, but they can help support your case. It’s a detailed application, but it gives you far more control over your timeline than a random draw.
The L-1 Intra-Company Transfer Alternative
If you already run an active, trading business in the UK, the L-1 visa offers another route. It lets you transfer yourself from your British company to a new US branch or subsidiary. You must have worked as a manager or executive in the UK office for one continuous year within the three years preceding the filing of the petition.
The big benefit is that you don’t need to prove extraordinary achievement like you do with the O-1A. Instead, you show that the UK business is stable and that you have a clear plan to scale the US operations. The initial visa for a new office is granted for one year, and you’ll need to demonstrate that the US office is fully operational and can support a genuine managerial or executive role, which typically means showing revenue, staff growth, and ongoing business activity.
What the Move Costs in Time and Money
Moving your business across the Atlantic is never cheap or quick, so budget carefully. Legal fees for an executive visa are typically estimated at between £10,000 and £20,000, though actual costs vary depending on your corporate structure and individual circumstances.. Government filing fees and premium processing add thousands more.
The timeline takes patience too, because gathering the evidence takes months. As a rough estimate, the whole process may run anywhere from four to eight months, from your first legal consultation to your embassy interview in London, though timelines will vary depending on your circumstances. These figures are rough guides, and your actual costs and timeline will also depend on your structure and evidence. It’s worth hiring experienced immigration lawyers early, because small errors in your paperwork may cause lengthy delays.
How to Prepare Your Business for the Transition
Before you submit any immigration paperwork, your company must be legally set up to handle the move. You’ll need to establish an American entity, usually a Delaware C-Corporation, and open a US business bank account. You must also establish clear corporate links between your UK company and the new US business.
To keep things on track, follow a clear sequence of operational steps before you book your embassy appointment:
- Incorporate your new business entity in Delaware.
- Create an intercompany agreement that links the UK and US firms.
- Open an American bank account and transfer your initial operating capital.
- Secure a physical commercial office space in your target US city.
The Route Has Changed. The Destination Hasn’t.
Expanding to America remains a huge milestone for any London startup. The H-1B route that most founders assumed they’d use is now either too expensive or too unpredictable for early-stage companies.
But the O-1A and L-1 were always the better fit for founders, and the recent changes have simply made that clearer. The sooner you start building your evidence and corporate structure, the less you’ll be at the mercy of policy shifts you can’t control.
Please note: US immigration rules, fees, eligibility requirements, and processing times are subject to change. This article is intended as general guidance only. Readers should consult official US government sources or a qualified immigration professional before making any decisions.
