31 Aug What HR Teams in Ireland Need Before Speaking to a U.S. Immigration Lawyer
In keeping with the company’s rapid growth trajectory, leadership has negotiated terms and secured funding for expansion into the U.S. Now it is you, as HR lead, who’s been tasked with researching and executing the steps needed to transfer the employee chosen to run the operation, along with family members, to the U.S.
With no background or training in the field of U.S. immigration law, you’ve been handed a start date and a name, expected to deliver a “job done” report to leadership.
Your next step is obviously a consultation with an immigration lawyer, but it’s important that you “walk into” that consultation informed rather than “ambushed.”
At a glance: Before speaking to a U.S. immigration lawyer, Irish HR teams should gather five things: the employee’s role and intended start date, the Irish company’s ownership and structure, the commercial reason for the U.S. move, the employee’s nationality, including any dual nationality, and their prior U.S. visa and travel history.
If that list already feels like a lot, this guide explains what each item means and what you can leave to the lawyer.
“A dual Irish-U.S. citizen myself, my work involves helping Irish companies navigate U.S. visa issues. Even with funding in place, careful advice is crucial, because deal timing must be coordinated with an executive's history, family circumstances, and immigration rules.”
Why the first conversation with the U.S. visa lawyer in Ireland matters
*Think of the first consultation as a diagnostic, not a transaction.
- The lawyer’s first job is to test whether your assumed plan is realistic, including the start date leadership has promised.
- Your being prepared:
- shortens the process
- reduces cost
- avoids the back-and-forth that makes the process appear chaotic
Irish HR’s U.S. Visa Prep Checklist
The five things to have ready before you call:
- The role and the timeline
This includes job title, duties, seniority, and the start date leadership has in mind. The lawyer may need to pressure-test that date.
- The Irish company’s structure and ownership
Who owns the company and in what proportions? Is there an existing U.S. entity or is one being set up? For an intra-company transfer, there must be a qualifying relationship between the Irish and U.S. entities; for an E-2, the nationality of the business is tested through its ownership.
*Note: If a U.S. entity doesn’t yet exist, say so; entity setup and immigration planning run in parallel, a specialist adviser can coordinate the two.
- The commercial reason for the move
Will this be an acquisition? A new U.S. subsidiary? A specific client contract or project? A specialist deployment? The reason often determines the route.
- The employee’s nationality (including dual nationality)
An Irish-UK dual national may qualify under either the Irish or the UK treaty basis; which one applies can affect the route and the process.
- Prior U.S. visa and travel history
It is important to gather all information about the individual: previous visas held, refusals, overstays, ESTA denials, any prior immigration issue. Surprises are the most common cause of unwanted delays.
The Irish-employer scenarios that usually trigger the call:
- Sending a manager or executive to a U.S. operation the company already runs
Intra-company transfer (L-1A for executives/managers, L-1B for specialized knowledge): The employee must have worked for the company abroad for one continuous year within the three years immediately preceding the transfer.
- Setting up a brand-new U.S. subsidiary and sending the founding executive
Often this will be an E-2 (where the investor-director route fits the ownership structure) or an L-1A news-office route.
- Deploying a technical specialist to a U.S. project or client
The wind-energy engineer, the date-center specialist, the food-science technologist – these are examples of situations where the H-1B route will be used when available, or the O-1 for those who meet the extraordinary-ability standard.
* The H-1B costs and rules are currently in flux. USCIS implemented a weighted selection lottery.
· Supporting substantial trade between Ireland and the U.S.
An E-1 treaty trader route may be relevant where the enterprise has the required Irish treaty nationality and carries on substantial trade principally between the U.S. and Ireland.
As with the E-2, the ownership and nationality analysis must be completed before the route can be assessed.
Answers to have ready for your meeting with the lawyer (so you’re not caught out), and questions you should bring up
Have answers ready about:
- the role and the timeline
- the Irish company’s structure and ownership
- whether the U.S. subsidiary is brand-new
- the employee’s nationality, including any dual nationality
- the employee’s prior U.S. visa and travel history
- whether the transferring employee is a technical specialist
Questions and matters you might bring up at the meeting:
- A generalist or UK-focused adviser may not ask ownership-structure or dual nationality questions; you can demonstrate your competence and preparedness by bringing these up.
- A good adviser will ask about the wider picture:
- the employee’s family – will they be moving to the U.S?
- will the company need U.S. entity or tax advice?
What you don’t need to have figured out (these are the lawyer’s job)
- a visa category to be discussed
- fee calculation
- drafting of any forms or documents
- you don’t need to have read any U.S. government websites.
A note on Irish-specific routes:
- Irish nationals apply for E visas under the 1950 Treaty of Friendship, Commerce and Navigation between Ireland and the United States, as supplemented by the Protocol signed 24 June 1992, an instrument distinct from the UK’s 1815 Convention of Commerce and Navigation.
- The E-visa route for Ireland is handled consularly through the U.S. Embassy in Dublin, with no separate USCIS adjudication step on that consular route.
- An adviser who works the Irish market daily will know these distinctions; one who treats Ireland as an add-on to a London practice may not.
Being prepared with both questions and answers will be the fastest (and calmest) route towards getting straight answers about the move you’ve been handed.
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 should HR prepare before contacting a U.S. immigration lawyer?
Gather five things: the employee’s role and intended start date, the Irish company’s ownership and structure, the commercial reason for the U.S. move, the employee’s nationality (including any dual nationality), and their prior U.S. visa and travel history. With these ready, the first consultation is faster and more accurate.
2. Does an Irish company need a U.S. entity before moving an employee to the U.S.?
Not always, but it matters. An intra-company transfer requires a qualifying relationship between the Irish and U.S. entities, while some routes can support a founding executive setting up a new U.S. operation. Tell the lawyer at the outset whether a U.S. entity exists or is planned.
3. Why does the ownership of the Irish company matter for a U.S. visa?
Because some U.S. visa routes test the nationality of the business through its ownership. Who owns the Irish company, and in what proportions, can determine whether treaty-based routes such as the E-2 are open. Bring an accurate picture of the shareholding to the first call.
4. How long must an employee have worked for us before an intra-company transfer to the U.S.?
For an L-1 intra-company transfer, the employee must have worked for the company abroad for one continuous year within the three years immediately preceding the transfer. Employment for a related entity in the same corporate group can count, which is one reason group structure comes up early.
5. What visa routes exist for an Irish company sending staff to the U.S.?
The common routes are the L-1 intra-company transfer for executives, managers and specialised-knowledge staff, the E-2 for businesses ultimately owned by Irish nationals, the H-1B for specialty occupations, and the O-1 for individuals of extraordinary ability. The right route depends on the company’s structure and the reason for the move.
6. Do Irish citizens qualify for the E-2 visa?
Yes. Irish nationals may apply for E visas under the 1950 Treaty of Friendship, Commerce and Navigation between Ireland and the United States, as supplemented by the 1992 Protocol. The application is made through the U.S. Embassy in Dublin on the consular route.
7. Can an Irish-UK dual national choose which treaty to apply under?
Potentially, yes. An Irish-UK dual national may qualify under either the Irish or the UK treaty basis, and the choice can affect the process and where the application is made. This is exactly the kind of detail to raise on the first call rather than assume.
8. Does the E-2 application for Irish nationals go through USCIS?
On the consular route, no. Irish E-visa applications are processed through the U.S. Embassy in Dublin, and there is no separate USCIS adjudication step on that route. This makes the consular E-visa process quite different from petition-based routes such as the L-1 or H-1B.
9. How much does it cost to move an employee from Ireland to the U.S.?
Costs vary significantly by route, and some, particularly H-1B costs, are currently subject to ongoing litigation and policy change. Rather than budgeting from figures found online, ask the lawyer for a current, route-specific estimate on the first call.
10. Does HR need to choose a visa category before speaking to a lawyer?
No. Choosing the route is the lawyer’s job, not HR’s. What helps most is arriving with the facts (role, timeline, company structure, nationality and travel history) and letting the adviser test which routes are realistic for the specific situation.
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