18 May The Three Things Every CEO Gets Wrong About U.S. Work Visas Before They Call a Lawyer
As CEO of a UK-based company, you’ve built a reputation as a commercially savvy leader. Now, however, with the decision having been reached to move one of the company’s executives to the U.S., you’re under tremendous time pressure, feeling personally accountable for the outcome of the move.
The key person has been chosen, you have a start date in mind, and a tentative budget has been approved. But while you’re fairly sure that certain U.S. visa issues are going to be involved, you lack clarity about the legal and practical nuances of intercontinental executive transfers.
A seasoned executive, you’re comfortable managing initiatives on behalf of your company, avoiding both cost overruns and timing delays. How hard can this be? But precisely because the move will prove life-changing, not only for the transferring executive but for family members too, it’s important that you avoid procedural missteps and any adverse consequences.
At a glance: The biggest U.S. visa mistakes CEOs make usually happen before anyone speaks to a lawyer. They assume a visa route will exist, they treat immigration as an administrative step instead of a strategic decision, and they set timelines before checking whether the law and process can support them. The result is often avoidable cost, delay, and disruption to the business.
Why the 3 common U.S. visa mistakes matter
The 3 mistakes are not about filing errors or paperwork. They happen before anyone files anything. They happen in the boardroom, in the business plan, and in the conversations between the CEO and the HR team.
Each mistake creates a specific, measurable business consequence:
- delay in setting up U.S. operations
- unplanned cost
- move falling through completely
The cost of correcting these mistakes after a visa process has begun is significantly higher. Mistakes should be addressed before the first conversation with a lawyer.
In 2026, U.S. policy is changing faster than at any point in the past decade. H-1B registration fees have increased substantially; USCIS processing timelines remain unpredictable.
Mistake #1: “There will be a visa for the person we want to send to the U.S.”
The CEO typically assumes
The CEO typically assumes that because the business has a legitimate reason to send someone to the U.S., a visa route will exist. We have the role, we have the person, the U.S. needs what we do, there will be a visa for this.
Why this assumption is wrong
U.S. work visa eligibility is not determined by business need. It is determined by a matrix of factors including the employee’s nationality, the corporate relationship between the UK or Irish entity and the U.S. entity, if one exists, the specific duties of the U.S. role, and the employee’s qualifications.
Some visa categories, especially E-1 Treaty Trader and E-2 Treaty Investor, are available only where both the individual’s nationality and the nationality of the enterprise meet treaty requirements. For E purposes, the business must be at least 50 percent owned by nationals of the treaty country.
The L-1 Intracompany Transferee visa requires a qualifying corporate relationship between the sending and receiving entities: parent, subsidiary, branch, or affiliate. It also requires the employee to have worked for the qualifying organisation for at least one continuous year within the preceding three years in a managerial, executive, or specialised knowledge capacity.
The H-1B specialty occupation route is subject to an annual numerical cap, with initial registration typically opening in March. USCIS currently lists the registration fee at $215 per registration. In addition, USCIS states that new H-1B petitions filed on or after September 21, 2025 must include an additional $100,000 payment as a condition of eligibility. Even after that outlay, selection under the cap process is not guaranteed.
Business consequence
A CEO who assumes a visa exists and sets business plans accordingly may discover weeks or months later that the employee’s nationality, the company’s ownership structure, or the nature of the role disqualifies them from the most obvious routes, forcing a late pivot, a different employee, or a shelved plan.
Mistake #2: “This is an HR matter. Legal can sort it once we decide who’s going.”
The CEO typically assumes
The CEO typically assumes that the visa is a procedural task that can be delegated to HR or to a lawyer after the commercial decision has already been made. We decide the business strategy, then someone handles the visa paperwork.
Why this assumption is wrong
A CEO who delegates the visa route decision entirely to HR may end up on a path that works for the next twelve months but creates cost, complexity, or impossibility when the company’s U.S. plans evolve. The route should be chosen with the business strategy in view, not as a standalone HR task.
The visa route you choose affects the company’s long-term U.S. immigration position, not just the immediate case. An L-1 intracompany transfer, an H-1B specialty occupation petition, and an E-2 treaty investor visa each create different obligations, different renewal cycles, and different paths, or no path, toward U.S. permanent residence for the employee.
If the CEO’s long-term plan involves keeping an employee in the U.S. permanently, the initial visa choice may either open or foreclose the route to employer-sponsored permanent residence. Choosing the wrong starting route can mean restarting the process entirely.
The legal question is not which form do we file. It is which route protects the business, fits the timeline, allows the employee’s family to accompany them, and does not create a problem in two years. That is a strategic question, not an administrative one.
HR contacts, particularly those who are managing a U.S. visa for the first time, are not well-placed to evaluate visa route options. They are excellent at managing the internal process. They are not trained to assess which immigration pathway best serves the company’s commercial strategy.
Business consequence
A CEO who delegates the visa route decision entirely to HR may end up on a path that works for the next twelve months but creates cost, complexity, or impossibility when the company’s U.S. plans evolve. The route should be chosen with the business strategy in view, not as a standalone HR task.
Mistake #3: “We need them there by (date). That should be enough time.”
The CEO typically assumes
The CEO typically assumes that a reasonable-sounding start date – three months, six months from now – will be achievable. The assumption is: if we start now, the timeline will work.
Why this assumption is wrong
U.S. visa processing timelines are not within the employer’s control. USCIS sets processing times, which vary by visa category, service centre, and current volume. A petition that might have been adjudicated in weeks during one period may take months during another.
Some visa categories can be accelerated through USCIS premium processing, which guarantees an initial response within 15 business days of receipt for an additional government fee. But premium processing is not available for every visa type, and an initial response is not the same as an approval. USCIS may issue a Request for Evidence (RFE), which restarts the processing clock.
For employees who are not U.S. citizens or lawful permanent residents and who are outside the U.S., an approved petition alone does not authorise entry. They will generally need to complete consular processing and, in most cases, attend an in-person visa interview before they can travel in the relevant work-authorized status.
H-1B cap-subject petitions have fixed annual filing windows. If the registration period has closed for the fiscal year, no amount of urgency or budget will move the filing date. The employee will need to wait until the next year’s cycle or pursue an alternative route, if one exists.
Business consequence
A CEO who sets a U.S. start date before checking whether the visa timeline can meet it may find themselves explaining to the board, the client, or the employee that the plan has to be pushed back by months, or abandoned. Setting the date is a business decision. Checking whether it is achievable is a legal one. They should happen together, not sequentially.
“As a CEO, you’re accustomed to analyzing situations and making decisions based on reasonable assumptions. When it comes to U.S. visa strategy, however, what appear to be logical assumptions can create business risks that consulting a specialist can help you avoid.”
What a CEO should actually do before the first lawyer call
- Before speaking to a U.S. immigration lawyer, know the nationality of the person you want to send, the ownership structure of your UK and U.S. entities, if a U.S. entity exists, and the specific role the person will perform in the U.S. These three facts determine which visa categories are even available.
- Treat the visa route decision as a business-level conversation, not an HR process. The CEO or managing director should be part of the initial discussion with the lawyer, not receive a summary after the fact.
- Do not announce a U.S. start date internally until a specialist immigration lawyer has confirmed that at least one viable route can meet it. If the timeline is tight, say so upfront. There may be ways to accelerate, but only if the lawyer knows the constraint from the first conversation.
- If you have already made commitments based on one of these assumptions, that is not a disaster, but it does change what your lawyer needs to address first. Being honest about what has already been promised internally is the single most useful thing a CEO can do in a first consultation.
Mistakes are more expensive in 2026
The H-1B registration fee increased in 2024, and the cost of pursuing a new H-1B has risen sharply. USCIS now states that new H-1B petitions filed on or after September 21, 2025 must include an additional $100,000 payment as a condition of eligibility. That makes the cost of choosing the wrong route, or discovering too late that H-1B is not viable, significantly higher than it was even two years ago.
USCIS processing times remain unpredictable. What used to be a reasonably stable timeline for L-1 and H-1B adjudications can now shift with little warning.
Executive orders and regulatory changes affecting U.S. immigration have been issued at a faster pace than in any recent administration. CEOs who wait to address visa strategy until a problem forces the issue are absorbing more risk than they realise.
For UK and Ireland-based businesses in particular, treaty-based visa categories, E-1 and E-2, remain a significant advantage, but only when the nationality and ownership structure requirements are understood and met. That advantage is wasted if no one checks the facts before the first call.
Note for CEOs dealing with this for the first time
If this is the first time your company has needed to send someone to the U.S., these three mistakes are not signs of carelessness. They are the assumptions that almost every CEO makes the first time around. The difference is catching them before they create a problem.
You do not need to become an immigration expert. You need to know the right questions to ask, and you need a lawyer who will give you honest answers, not just the ones you want to hear.
The fact that you are reading this article before calling a lawyer is already a better starting position than most. That is not flattery. It is a statement of fact based on 25 years of watching CEOs walk into first consultations.
What to do next
The three assumptions most CEOs carry into U.S. visa decisions are understandable, but each creates business risk that is entirely avoidable with the right preparation. The fix is not more research, but a single conversation with a specialist who will tell you what is realistic and what is not before you commit to plans that may not hold.
If you are planning to send someone to the U.S. and want to know whether your assumptions hold up, the next step is an initial meeting. You will leave with a clear view of:
- which routes are viable
- what the realistic timeline and cost look like
- next steps
This post is for informational purposes only and is not intended as legal advice. If you require further assistance or advice relating to the above, please contact janice@flynnhodkinson.com.
1. What are the most common U.S. visa mistakes UK companies make?
The most common mistakes are assuming a visa route will exist without checking eligibility first, treating the visa as an HR-level task instead of a strategic business decision, and setting a U.S. start date before confirming that any viable route can actually meet it. Those three assumptions create avoidable cost, delay, and disruption.
2. Do I need to know which U.S. visa type I want before speaking to a lawyer?
No. The point of the initial consultation is to identify the right route. Before the call, the most useful things to know are the employee’s nationality, the ownership structure of the UK and U.S. entities, the role the person will perform in the U.S., and the intended timeline.
3. How much does an H-1B cost for a UK employer in 2026?
The cost of pursuing a new H-1B has risen sharply. As stated in this article, USCIS now says that new H-1B petitions filed on or after September 21, 2025 must include an additional $100,000 payment as a condition of eligibility. Because selection under the cap process is not guaranteed, it is important to assess early whether H-1B is truly the right route or whether another option may be more viable.
4. What is the difference between an L-1 visa and an H-1B visa for a UK company?
An L-1 visa allows a company to transfer an existing employee to a qualifying U.S. entity if the corporate relationship and the employee’s prior employment meet specific legal requirements. An H-1B is a separate route for specialty occupation roles, but it is subject to an annual cap and selection process. For some employers, that makes L-1 more predictable, but only if the structure and the employee’s role qualify.
5. Can I send an employee to the U.S. while the work visa is being processed?
Not for productive work in the U.S. simply because a work visa case is pending. An approved petition alone does not authorise entry, and for employees outside the U.S. there is usually a consular stage before they can travel in the relevant work-authorized status. This is one reason timing assumptions need to be checked early.
6. How long does it take to get a U.S. work visa for a UK employee?
There is no single answer. Timing depends on the visa category, whether premium processing is available, current USCIS processing conditions, and any consular processing step. Some cases move faster than others, but cap-subject H-1B cases also depend on fixed annual filing windows that cannot be accelerated by urgency alone.
7. Does my company need a U.S. entity before applying for a work visa?
For some routes, yes. The L-1 requires a qualifying relationship between the sending company and a U.S. entity. Treaty-based routes such as E-1 and E-2 also depend on specific ownership and enterprise requirements. If no U.S. entity exists yet, that affects which options are available, so it should be addressed at the start of the legal analysis.
8. What should a CEO prepare before a U.S. immigration consultation?
At minimum, prepare the nationality of the person you want to send, the ownership structure of the UK and U.S. entities, the role the person will perform in the U.S., the intended start date, and any commitments already made internally. Those facts shape which routes are available and whether the proposed timeline is realistic.
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