UK visa options as an alternative to the H-1B visa

March can be a tense time for American companies and international employees who are awaiting the outcome of the H-1B visa lottery, which runs from 7-24 March 2025. 

Last year, there were 484,000 entries submitted for 85,000 available spots, and high demand is anticipated again this year.

It’s likely that many candidates will be disappointed this year as the selection is random. Many applying will be already in the US in another visa status and will need to leave the US for a period of a year or two until they can get their new US visa. For those candidates, a work placement in the UK can be an attractive option, allowing an exchange of skills, knowledge and innovation between the US and the UK/EMEA.

The two key visa categories for Skilled candidates looking to come to the UK are the Global Business Mobility – Senior or Specialist Worker (GBM) and Skilled Worker categories.

These visas require that there is a business entity in the UK which will obtain permission (a “Sponsor Licence”), to sponsor the worker in the UK (if they do not already have this in place). Contrary to the H-1B visa, selection is not random but is based on meeting skills, a genuine vacancy and compliance requirements.  

Employers should allow a longer lead-in time if the UK sponsoring entity does not already have a Sponsor Licence, as it can take several months to get one in place, particularly, if a start up in the UK. There are ongoing compliance duties which will need to be factored in as well which can be tricky if there are no staff already in the UK.

The costs of either visa are not insignificant, with a skills charge of up to £1,000 per year and a health surcharge of £1,035 per year along with other application fees.

Global Business Mobility – Senior or Specialist Worker (GBM) visa

This visa allows workers in certain skilled roles (such as senior managers and specialist workers) to be transferred to the UK branch of their employer. Depending on the level at which the person will be paid, they may need to have already worked for the business outside the UK.

This visa is for those wanting to come temporarily to the UK, initially for any time up to 5 years but does not need to permanent residence.

Skilled Worker

The Skilled Worker visa is for those in intermediate skilled roles and above. The UK entity can be an entirely separate business to the US entity.  

This visa can be used both by those transferring to a UK branch of a multinational company and by new hires or those being seconded to a separate UK company or UK client for example.  

This visa has an English language requirement which can cause delays if the person needs to sit an English test.

This route allows the person to apply for any period up to 5 years initially and to eventually to apply to remain permanently in the UK.

Summary

The Skilled Worker and GBM visas are options which offer a far greater degree of predictability than the H-1B. Both visas can have pitfalls, notably costly government fees and an increase in compliance enforcement which may increase the administrative burden. However, for those unsuccessful H-1B candidates, these will offer a perfect alternative option for them and allow them to hone their skills and widen their horizons in the UK pending their return to their preferred US-based careers.

Things to consider now:

• Does the overseas company have a UK entity?
• Does the entity have a sponsor licence? If yes, is the licence compliant?
• Talk to the HR team in the UK to factor in any potential transfers.

If you would like any further details of the Skilled Worker and GBM routes, please do get in touch at [email protected]  .

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The material in this article is provided for guidance and general information only and is not intended to constitute legal or other professional advice upon which you should rely. In particular, the information should not be used as a substitute for a full and proper consultation with a suitably qualified professional. Please do contact the Bates Wells team if you require further information.