Setting Up in the US: What UK Businesses Get Wrong
May 8 2026/8 min read
Cross-Border Expansion Operations
The United States is the world's largest economy, and for UK businesses, the shared language and cultural familiarity can make it feel more accessible than it actually is. That familiarity is, paradoxically, one of the most common reasons UK companies stumble. They underestimate the differences precisely because so much looks the same on the surface.
Having supported businesses through UK-to-US expansion, these are the mistakes we see most consistently — and what to do instead.
Treating the US as One Market
It is not. The United States operates effectively as 50 distinct markets, each with its own tax rules, employment laws, filing requirements, and regulatory obligations. A business that sets up in Georgia faces different compliance obligations than one operating in California or New York. Choosing the right state for your initial entity — not just based on incorporation convenience, but on where your clients and operations will actually be — is a foundational decision that has long-term implications.
Underestimating the Sales Tax Complexity
UK businesses are accustomed to a centralised VAT system. The US equivalent — sales tax — is anything but centralised. Rates and rules vary by state, county, and city. More importantly, you do not need a physical presence in a state to trigger a tax obligation. Once your sales to customers in a given state exceed certain thresholds (commonly $100,000 in revenue or 200 transactions), you are liable for sales tax in that state — even if you have never set foot there. This is known as economic nexus, and it catches many UK businesses off guard.
Getting Employment Wrong
US employment law is fundamentally different from the UK framework most British businesses are familiar with. Most US employment is at-will, meaning either party can end the relationship at any time without cause — but this does not mean anything goes. State-specific laws govern minimum wage, overtime, benefits, non-compete clauses, and termination procedures. Pay frequency expectations differ too: US employees typically expect to be paid bi-weekly or semi-monthly, not monthly as is standard in the UK. Getting employment contracts and HR policies right from day one is significantly easier — and cheaper — than correcting them later.
Misunderstanding Immigration and the Right to Work
A surprising number of UK founders attempt to build US operations using visa-free travel. The ESTA and B-1 visa permit business activities such as attending meetings, networking, and conducting market research. They do not permit you to work, deliver services to clients on US soil, or receive income from US sources. Continuing to operate in this way beyond the early exploration phase creates serious immigration risk. If your intention is to relocate or work in the US, you need the right visa — and the right advice before you apply.
Underinvesting in Local Presence and Credibility
The US market rewards credibility signals. A US phone number, a US business address, a US bank account, and a presence on US-specific platforms all matter more than many UK founders expect. Equally, US clients — particularly in professional services — respond to case studies, references, and demonstrable sector experience. Arriving in the market without these foundations makes business development significantly harder.
Planning for 90 Days Instead of 18 Months
The businesses that succeed in US expansion almost universally treat it as an 18-month strategic commitment, not a short-term revenue exercise. Building a client pipeline, establishing operational infrastructure, navigating compliance, and developing market trust takes time. Companies that go in expecting quick wins frequently retreat before the investment has had time to mature.
The Right Approach
Successful UK-to-US expansion is methodical. It starts with the right entity structure and state selection, establishes clean employment and compliance frameworks from the outset, invests in genuine market presence, and is supported by advisers who understand both sides of the Atlantic.
At Lexemin, cross-border expansion between the UK and US is a core part of what we do — because we have lived it ourselves. If you are planning a US move, we would be glad to talk through your specific situation and help you avoid the mistakes that cost time, money, and momentum.
Book a strategy call to start the conversation.

