Hiring International Talent in the UK and US: The New Reality for Employers

Business immigration in 2026: The UK and US are converging, but not in the way employers expected

In the latest episode of The Employment Law Podcast immigration series, Alex Finch and Rebecca Tester are joined by Nita Nicole Upadhye, Managing Partner of NNU Immigration, to compare the UK and US immigration systems from a business perspective. Listen to the podcast on your preferred platform:

For employers, investors and internationally mobile professionals, the similarities (and differences) between the two systems are significant. Let’s dive in.

Political pressures and business immigration

In both jurisdictions, business immigration is operating within a highly politicised environment.

In the US, public debate around unlawful entry and border enforcement increasingly shapes the wider immigration narrative. Although employment-based immigration is legally distinct from border and asylum policy, the two are often politically linked. 

The result? Overall, a more enforcement-focused posture across the system, including for employers sponsoring skilled workers.

The UK faces comparable pressures. Policy reforms aimed at reducing net migration have led to increased compliance obligations, higher costs and proposed changes to settlement rules. In both countries, lawful business immigration can be indirectly affected by broader public concern about illegal migration.

Employer compliance: I-9 vs right to work checks

Both countries impose strict verification duties on employers.

UK

Under the Asylum and Nationality Act 2006, UK employers must conduct right to work checks on all employees. Penalties can reach £60,000 per illegal worker. Over time, enforcement has expanded beyond employment to include checks in housing, banking and other services — shifting elements of immigration control into the private sector.

US

The US has required employment verification since 1986 under the Immigration Reform and Control Act. Employers must complete Form I-9 for all new hires, regardless of nationality. Civil fines range from technical penalties to substantial sanctions where there is evidence of knowingly employing unauthorised workers. Repeat or serious breaches can trigger criminal liability or exclusion from federal contracts.

Unlike the UK, immigration enforcement authority in the US largely remains at federal level, although this continues to be tested in practice.

Undocumented populations and structural differences

The US is estimated to have approximately 10 million undocumented individuals. Geography, population scale and constitutional birthright citizenship all contribute to the complexity of enforcement.

Birthright citizenship — whereby anyone born in the US acquires citizenship automatically — distinguishes the US from the UK, which abolished automatic birthright citizenship in 1983. Any change in the US would require constitutional reform.

Settlement in the UK and Green Cards in the US

The UK and proposed “earned settlement” reforms

Recent UK proposals would extend the standard settlement period from five years to ten years as a default, with adjustments based on earnings and economic contribution. High earners could qualify more quickly, while others may face longer qualifying periods if proposals are implemented.

This marks a potential shift from a purely time-based model to one more explicitly linked to economic contribution.

The US and the capped permanent residence system

US permanent residence (AKA green cards) is divided into family-based and employment-based categories, each subject to annual caps and per-country limits (currently 7% per country).

This creates significant backlogs for nationals of certain countries, including India, China, Mexico and the Philippines. In some family categories, waiting times can extend beyond a decade.

By contrast, certain employment-based categories, including extraordinary ability individuals, outstanding researchers and multinational executives, can secure permanent residence relatively quickly, sometimes within a year.

Other employment categories require labour market testing through the Department of Labor before a green card petition can proceed. This process can add one to two years before permanent residence is granted.

A critical practical point raised in the discussion is the importance of maintaining underlying temporary status during the green card process. A pending application does not automatically protect an individual from falling out of status, and enforcement activity in this area has increased.

The $100,000 H-1B visa fee

One of the most high-profile developments discussed is the proposed $100,000 fee for certain new H-1B visa applicants applying from outside the United States.

Key points include:

• The fee applies to specific new overseas H-1B petitions

• It must be paid by the employer

• It does not apply to in-country change-of-status applications

• It sits alongside existing filing, fraud prevention and premium processing fees

The H-1B system has also moved to a weighted selection model, with higher wage offers improving the likelihood of selection.

Although full implementation details are still emerging, the scale of the proposed fee significantly increases the cost considerations for US sponsors.

Technology and future developments in business immigration

The UK’s largely digital immigration system contrasts with the US, where many employment-based applications still rely on paper filings. Incremental improvements are underway in the US, but technological reform remains a work in progress.

Comprehensive immigration reform in the US has long been discussed but remains politically challenging. More likely are targeted, incremental changes alongside continued emphasis on enforcement.

At the same time, immigration remains central to economic growth in both countries. Access to global talent, investment and innovation continues to be a structural necessity.

Final thoughts on US and UK business immigration

The UK and US immigration systems share common features: employer verification duties, labour market protection mechanisms and skills-based routes.

However, they diverge in important respects, particularly in relation to constitutional structure, nationality caps, settlement pathways and cost frameworks.

For employers operating internationally, understanding these distinctions is essential when planning recruitment, sponsorship and long-term mobility strategy.

To enjoy the full discussion, listen to Episode 3 of The Employment Law Podcast: Immigration Series, available on major streaming platforms.