‘Indian H1-B holders are not…’: Immigration lawyers say years of wait for green cards is driving professionals to UK
Due to the uncertainty of the future H-1B visa Indian-origin immigration lawyer Yash Dubal said the situation in the US was continuing and more highly skilled professionals were looking at the UK as a back-up plan without giving up on their ambitions in the US.Dubal, CEO and director of London-based AY & J Solicitors, said his company has seen an increase in inquiries from H-1B visa holders, especially Indian engineers and researchers who have been waiting for U.S. green cards for years.“Most of our inquiries from the U.S. are from Indian engineers and researchers, who are typically in their thirties and hold H-1B visas. Often their spouses hold H-4 visas and have children born in the U.S. They have been waiting for green cards for years. The Global Talent visa is the first pathway they consider to truly translate their career record into a timeline. ” Dubar told American Marketplace.Interest has increased as uncertainty surrounding the H-1B program continues, including debate over the proposed $100,000 H-1B visa fee. Canada and Australia remain popular destinations for skilled immigrants, but immigration experts say the UK’s Global Talent visa is becoming another attractive option for professionals already working in the United States.It was launched in 2020 as part of the UK’s post-Brexit immigration system. The Global Talent visa is for people who are recognized as leaders or potential leaders in their field, or who can demonstrate outstanding talent or commitment.Unlike the skilled worker visa, it is tied to the individual rather than the employer. Applicants do not need a job offer or employer sponsorship, and there is no minimum salary requirement. Visa holders are free to change jobs, work as freelancers, engage in consulting work or start a business.The biggest draw, according to Dubal, is the shorter path to permanent settlement compared to the long wait many Indian professionals face in the United States.He said: “The April 2026 visa announcement puts the EB-2 India date at July 2014, which means waiting 14 years to get a green card. The UK Global Talent visa allows you to settle in three years. It’s not a more emotional decision than that. It’s just arithmetic. Clients I interviewed in San Francisco and Seattle were doing the same math.”The Global Talent visa covers a range of occupations, including digital technologies, engineering, academia, research, natural and medical sciences, humanities, social sciences and the arts. Applicants must first obtain accreditation from a UK recognized body before applying for a visa.Immigration consultants say this pathway is very different from the H-1B visa. It is evidence-based rather than lottery-based, has no annual cap and allows eligible applicants to settle in the UK in as little as three years.Dubal said many skilled professionals mistakenly believe they are not eligible.“Indian engineers who apply to us are often closer to qualifying than they think. What I see most often now is family simultaneous selection. Indian H-1B holders are not abandoning their US plans. They are putting their UK plans aside as a hedge. The choice between settling in the UK in three years and experiencing another decade of uncertainty in the US becomes harder to put off once it’s on the table.”He said that despite the court’s ruling on the proposed visa fees, more and more people were looking at the UK as uncertainty over the H-1B program persisted.“What changed in October? [2025] Not just policy. Despite a recent court ruling regarding the $100,000 fee, the political volatility surrounding the H-1B continues. Indian professionals no longer view U.S. uncertainty as a temporary problem waiting to be resolved. They see it as a function of the system and act accordingly,” he said.For many H-1B holders, especially citizens of India and China who face years of green card backlogs, Dubal believes the decision is no longer about choosing one country over another. Instead, more families are pursuing UK options while retaining long-term plans in the US.
