Managing a U.S. Employee Transfer When You Have Never Done It Before: What HR Needs to Know Before Anything Else

Everyone is waiting you for answers that you simply don’t know enough to provide. Leadership has already chosen a start date. The employee wants to know whether their spouse will be able to work in the U.S. When can the movers be booked?

You’re expected to respond with details about a system you’ve never needed to touch. The information you’ve pulled up online seems complex and inconsistent. Worse, it seems that information is addressing American employers.

Meanwhile, as HR lead, you’re expected to research and execute the steps needed to transfer the employee who’s been 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, and are expected to get the job done. You will need to consult an immigration lawyer, but you fear feeling unprepared, even foolish.

What should HR do first when transferring an employee to the U.S.?
Before promising a start date, confirm how the UK or Irish entity is related to the U.S. operation, the employee’s qualifying employment abroad, and what their U.S. role will involve. These facts help determine whether the L-1 intracompany transferee visa may be a suitable route.

Why this feels harder than it should

If there is an “enemy” here, it is the U.S. immigration system itself. Dense, constantly shifting with policy and fee changes, that system’s publicly-facing information assumes an American employer. As an HR professional in the UK or Ireland, you’re left to try and decode that system and translate it to fit your own company’s facts.

The capped-subject H-1B visa is the one most people have heard of. But it is the L-1 intracompany transferee visa that exists precisely to allow a qualifying company to move a manager, executive, or specialised-knowledge employee from a foreign office to a related U.S. office.

There are four L-1 eligibility criteria:

1. A qualifying relationship between the UK/Irish entity and the U.S. entity (parent, subsidiary, affiliate, or branch, shared ownership and control)
2. Both entities doing real business. Each must be, or be about to be, actively providing goods or services on a regular, systematic, and continuous basis. A dormant company or a registered address is not enough.

3. One continuous year of qualifying employment with the company abroad within the three years immediately preceding the petition. That year must have been spent physically outside the US, in a managerial, executive, or specialised-knowledge role.
4. A qualifying U.S. role (managerial or executive for L-1A; specialised knowledge for the L-1B — assessed separately from the role abroad.

The answer usually exists within the information you have; it simply must be confirmed against your own specific facts. What is more, there is no annual cap or lottery for the L-1, so, unlike the H-1B, you do not depend on winning a place.

What to get clear before you promise anyone anything

The 5 things get clear before the first specialist call:

You don’t want to give leadership or the employee the wrong expectations…

1. The corporate relationship – How are the UK or Irish entity and the US operation legally related, and who owns and controls the relevant entities?
2. The employee’s history abroad – How long have they worked for the company? In what capacity? (This relates to the one-year question.)
3. What the U.S. role actually is – Duties matter more than job title (managerial? executive? specialised knowledge?) 
4. Timing, honestly – This takes time; standard processing runs months, and, while a faster option exists, it is no magic wand. Treat start dates as provisional until a route is confirmed.
5. The people dimension – Think of the employee’s spouse and family (spouse work authorisation exists), because “Can my spouse work?” and “When can we book the removal company?” are questions you are likely to be asked.

You want to walk into leadership and employee conversations with a clear, honest picture, projecting confidence instead of guesses. 

Early mistakes that create delay

If this goes wrong, you’re the one who has to explain why…

System traps:

• Assuming a short business trip or a founder move is straightforward
• Assuming H-1B is the default route and getting caught by it cap, lottery, or shifting rules
• Promising a start date before a route is confirmed
• Treating a job title as proof of a qualifying role
• Leaving the spouse/family question unaddressed until it becomes urgent

Each of these traps is avoidable with early clarity.

Why a specialist?

• You want a lawyer who will make you look good and give you answers in language you can use.
• You want a law firm whose sole focus is U.S. visa and nationality law, one based in the UK and Ireland.
• You want a specialist who understands London consular processing and the Ireland lane in particular.

You want to be able to tell your CFO or CEO that you used a specialist firm. You want to show you’re the HR lead who handled a complex cross-border move calmly. 

Isn’t it too early to call a specialist?

• “I don’t even know what I need yet.” – The earliest clarity prevents the most expensive mistakes.
• “I’m uncertain about the costs.” – A specialist gives you scope and cost clarity up front.
• “I don’t have all the answers yet about the initiative” – You are not expected to provide all these answers at your first session with the specialist.

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.