20 Jul When Leadership Wants Immigration Answers and HR Still Feels Unclear
An employee has been identified to fill a role for your company in the U.S. Since there are many aspects to the transfer of the employee and family members, everyone is understandably anxious to be given a timeline so they can begin doing both business-related and personal planning.
In preparing for the next briefing, you’re acutely aware that you’re being asked questions about timelines and costs relating to a legal process over which you have no control.
While wanting to demonstrate your own professional competency in dealing with company leaders, you feel ill-prepared to defend risk assessments and contingency plans relating to U.S. visa procedures.
In fact, based on your initial research, it’s become obvious to you that obtaining a visa is quite a complex process. Yet you feel ill-prepared at this stage to seek a legal consultation.
At a glance: When leadership asks HR for answers on a U.S. immigration case, HR does not need to confirm the visa route, total cost, or start date immediately. The better first response is to explain that U.S. immigration counsel is engaged, the qualifying facts are being gathered, and the route assessment will determine what can realistically be promised. Until counsel has reviewed the company structure, employee history, proposed U.S. role, timing, and any policy issues affecting the case, HR should avoid committing to a specific visa category, fixed cost, or confirmed U.S. start date. What HR can give leadership is a clear process update, a realistic next step, and a date for a follow-up briefing once the legal assessment is complete.
This guide is presented by Janice Flynn, Managing Partner of Flynn Hodkinson, to provide clarity to HR professionals in UK and Irish companies who are under pressure to report to company leadership about employees being transferred to the U.S. Having practiced in the field of U.S. visa and nationality law for more than 20 years, Janice understands that the job of HR professionals is to learn how to structure their conversation with their CEO, CFO, or board in ways that will be most helpful to the company in achieving its goals.
Why HR is not expected to have the answers (yet)…
The reason HR cannot give leadership immediate U.S. immigration answers is not lack of competence. It is that the answers do not exist on Day One. A U.S. visa route depends on facts about the company, the employee, and the role. No lawyer can assess those facts until the first consultation. A U.S. visa timeline depends on government processing that no UK or Irish HR function controls.
The three roles in a U.S. immigration case:
- The U.S. immigration lawyers’ role:
- assess the route
- file the petition
- manage USCIS or consular processing
The immigration lawyer is the only party who can confirm a visa category and a realistic timeline.
- The HR contact’s role
- gather the qualifying facts (company structure, employee history, role description)
- brief leadership accurately
- manage the affected employee’s expectations
HR does not need to know U.S. Immigration law to do this well.
- The leadership team’s role
- Commit to the commercial decision (cost authorization, start date flexibility, role definition), once the lawyer has confirmed what is possible.
Leadership is not expected to assess visa risk independently.
The four things leadership needs to know:
- “Is this on track?”
Has the right work been started? HR’s job is to confirm that named U.S. immigration counsel is engaged, that the qualifying assessment is underway, and the case is not sitting idle.
- “What is this going to cost?”
What should the budget reserve? HR’s job is to give a working range, not a final number. For most UK and Irish corporate visa cases in 2026, that includes government filing fees, the $2,965 premium processing fee on Form I-907 if used, and legal fees. On a separate note, H-1B cases now carry an additional $100,000 payment requirement imposed by the September 2025 Presidential Proclamation, applicable to specific petition categories.
- “When will the employee be in the U.S.?”
How should the business plan around this date? HR’s job is to give a range, not a specific date. That range depends on visa category, USCIS processing speed (15 business days under premium processing for most Form I-129 and I-140 cases), and consular interview wait times at the U.S. Embassy in London or Dublin.
- “What if this doesn’t work?”
Where is the business exposure? HR’s job is to confirm that a contingency conversation has been scheduled with counsel (not to “invent” the contingency).
Leadership wants certainty, but what they need is a credible plan. The most useful thing an HR contact can do is translate the boardroom questions into a version that the lawyer can answer, then bring that answer back in commercial language.
What HR can confidently commit to today
Even before the legal consultation, HR can use five process facts in any leadership briefing:
- Counsel is engaged.
“We are working with (named U.S. immigration firm). They have confirmed they can take the matter.”
- The qualifying facts are being gathered.
“We are pulling together the information our lawyer needs: company structure, the employee’s role and tenure, and the U.S. activity. Once they have that, they can assess the route.”
- The route assessment is scheduled.
“The first consultation is booked for (date). By the end of that call we will have a working visa route, or a clear reason why the most obvious route doesn’t apply.”
- The cost and timeline range will follow.
“We’re not committing to a number today. Once the route is confirmed, we will have a defensible cost and timeline range we can plan against.”
- A follow-up briefing is set.
“I will come back to you on (date) with the route, the cost range, and the timeline range. If anything changes before then, you will hear from me first.”
Three things leadership will probably get wrong (and how you should handle them)
Leadership teams at UK and Ireland-based companies regularly hold three incorrect assumptions about U.S. work visas:
Misconception 1: “There will be a visa for this; we just need to pick one.”
The reality: Visa eligibility depends on the company’s structure, the employee’s nationality and qualifications, and the nature of the U.S. activity.
The L-1 Intracompany Transferee visa requires a qualifying relationship between the UK or Irish entity and the U.S. entity, plus one year of qualifying employment within the preceding three years.
Many new H-1B Specialty Occupation visa petitions for private employers are subject to the annual H-1B cap unless an exemption applies.
The E-2 Treaty Investor visa requires treaty-country nationality (Ireland under the 1992 Bilateral Investment treaty, the UK under the 1815 Convention of Commerce and Navigation, with nationality and residence nuances for dual nationals).
HR’s language for leadership: “We will have a visa route confirmed by (date). Until then, we should not plan around a specific category.”
Misconception 2: “Pay extra and it will be done faster”
USCIS premium processing on Form I-907 costs $2,965 effective 1 March 2026 and commits USCIS to a 15-business-day adjudicative response (an approval, a denial, a Request for Evidence, or a Notice of Intent to Deny).
Premium processing buys time on the petition stage. It does not change consular interview wait times at the U.S. Embassy in London or Dublin, and it does not affect H-1B cap selection.
HR’s language for leadership: “We can pay for premium processing to fix the USCIS stage at 15 business days. The consular stage in London or Dublin is a separate timeline, and we do not control that.”
Misconception 3: “Tell the employee they can start on (date)”
The reality: setting a U.S. start date before the visa is issued and the employee has been admitted at a U.S. port of entry creates business and personal risk on both sides. Lease commitments, school enrolment, and notice periods get made against a date that does not yet exist.
HR’s language for leadership: “We can give the employee a likely window. We cannot give them a date until the visa is in their passport and they have been admitted at the U.S. port of entry.”
8 questions to bring to your next legal call
The questions HR should bring to a U.S. immigration consultation are not about visa categories. They are about commitments, the route, the cost range, the timeline range, what could derail the plan, and what Plan B will be if the primary route does not work.
- “Based on the company structure and the employee’s history, what visa route are you assessing as primary?”
- “What are the qualifying facts we still need to confirm before that route is locked in?”
- “Is the employee subject to the H-1B annual cap? If so, what is the timing implication for our case?”
- “What is the realistic cost range, broken into government fees, the $2,965 premium processing fee on Form I-907 if used, the $100,000 H-1B payment requirement if applicable, and your legal fees?”
- “What is the realistic timeline range, broken into USCIS adjudication and consular processing at the relevant US embassy?”
- “What could derail this case (Request for Evidence, consular delay, change in the employee’s circumstances, change in US policy) and how would we handle each?”
- “If the primary route does not work, what is the most realistic plan B?”
- “How often will we hear from you proactively, and through what channel?”
The 2026 policy landscape HR should be aware of (without becoming an expert)
U.S. work visa policy in 2026 has shifted in three ways that affect UK and Ireland-based corporate cases: the H-1B Specialty Occupation visa now carries a $100,000 payment requirement for specific petition categories.
Under a September 2025 Presidential Proclamation; the premium processing fee on Form I-907 increased to $2,965 effective 1 March 2026; and consular interview wait times in London and Dublin remain longer than the multi-week baseline of previous years.
Three policy points HR should know
The H-1B payment requirement
Certain H-1B petitions may be affected by the $100,000 payment requirement announced in the September 2025 Presidential Proclamation. As of June 2026, the requirement is subject to ongoing litigation. One federal court vacated it, but that order has been temporarily stayed while further court proceedings continue. HR should not treat the $100,000 figure as a blanket H-1B cost. Counsel should confirm whether the specific petition falls within the affected category before any cost is presented to leadership.
Premium processing at $2,965
Effective 1 March 2026, the Form I-907 premium processing fee for most Form I-129 (including certain H-1B, L-1, O-1, E and TN classifications) and Form I-140 cases is $2,965. The fee commits USCIS to a 15-business-day adjudicative response. It is optional, useful for time-sensitive corporate cases, and budget-line-item visible. It does not shorten the separate consular visa appointment process. HR should treat it as a planning variable, not a default.
Consular wait times in London and Dublin
Petition approval at USCIS is only the first stage of most non-immigrant work visa cases. The employee still needs a visa interview at the U.S. Embassy in London or the U.S. Embassy in Dublin. Wait times for visa appointments have remained variable, and this is the most common reason a confirmed petition timeline does not translate into a confirmed start date.
What “good” looks like. What to do next:
Briefing leadership on a US immigration case is about translating the lawyer’s process and the boardroom’s questions in a way that makes both sides feel heard.
Tell leadership the four things they need to know. Head off the three misconceptions. Commit to only the five things. Prepare the eight questions to bring to your lawyer. These are the moving parts, all the rest is timing.
If you are managing a US immigration case for your business and feel less prepared than you would like for the next leadership conversation, Janice Flynn offers a structured first consultation specifically scoped for HR contacts at UK and Ireland-based companies.
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 tell leadership when there is no confirmed U.S. visa route yet?
HR can tell leadership that the matter is being assessed, but that the visa route cannot be confirmed until U.S. immigration counsel has reviewed the company structure, employee history, proposed U.S. role, timing, and any policy issues affecting the case. The most useful update is not a guess. It is a clear explanation of what has been started, what information is being gathered, when counsel will assess the route, and when leadership will receive a more reliable cost and timeline range.
2. Why can’t HR give leadership a fixed U.S. visa timeline at the start?
A fixed timeline is usually not available at the start because the timing depends on several moving parts. The correct visa category must first be assessed. Some cases require a USCIS petition before the employee can apply for a visa. Some cases may involve premium processing, while others may depend more heavily on consular appointment availability in London, Dublin, or another U.S. consular post. HR can give leadership a planning range once the route is clearer, but a guaranteed start date should not be promised too early.
3. What information does U.S. immigration counsel usually need before advising on the route?
Counsel usually needs information about the employer, the employee, and the proposed U.S. role. This may include the relationship between the UK or Irish entity and the U.S. entity, the employee’s nationality, job title, duties, qualifications, employment history, proposed U.S. activities, intended start date, family considerations, and any previous U.S. immigration history. Without those facts, any advice on the visa route is likely to be incomplete.
4. Can leadership choose the visa category they prefer?
Leadership can explain the business goal, but the visa category must fit the legal facts. For example, an L-1 Intracompany Transferee visa depends on the corporate relationship between the overseas and U.S. entities and the employee’s qualifying employment history. An H-1B Specialty Occupation visa may involve cap timing and other restrictions. An E-2 Treaty Investor visa depends on treaty nationality, ownership, investment, and the nature of the U.S. enterprise. The better question is not “Which visa do we want?” but “Which route does the evidence support?”
5. Does premium processing guarantee that the employee can start work in the U.S. faster?
Premium processing can shorten the USCIS petition stage for eligible cases, but it does not guarantee approval and it does not control the entire process. A premium processing response may be an approval, denial, Request for Evidence, or Notice of Intent to Deny. If the employee is outside the United States, they may still need a visa appointment, visa issuance, travel, and admission to the United States in the correct status before they can begin work.
6. Should HR tell the employee a specific U.S. start date?
HR should be careful about giving a confirmed U.S. start date before the visa process is complete. A likely window may be appropriate once counsel has assessed the route and timing, but a fixed date can create risk for the business and the employee. Notice periods, school enrolment, housing, travel, and family planning can all be affected if a date is promised before the visa is issued and the employee has been admitted to the United States in the correct status.
7. How should HR explain U.S. visa costs to leadership?
HR should present visa costs as a range until counsel confirms the route. The budget may include government filing fees, premium processing if used, consular fees, legal fees, and any other case-specific costs. Certain H-1B petitions may also be affected by the $100,000 payment requirement announced in the September 2025 Presidential Proclamation, but HR should not treat that amount as a blanket cost for every H-1B case. Counsel should confirm whether it applies to the specific matter before it is presented as part of the budget.
8. What should HR ask the lawyer after the first consultation?
HR should leave the first consultation with a clear view of the primary route being assessed, the facts still needed, the expected cost range, the expected timeline range, the main risks, and the most realistic alternative if the preferred route does not work. HR should also ask how updates will be provided, who the main contact will be, and what information leadership should receive at each stage.
9. What if the preferred visa route does not work?
If the preferred route does not work, HR should not try to invent a backup plan alone. The next step is to ask counsel whether another route is available, whether the role or timing can be adjusted, whether the business structure affects the analysis, and what the practical impact is for the employee and the company. Leadership needs to know the risk early enough to make a commercial decision, not after commitments have already been made.
10. When should a UK or Irish company speak to a U.S. immigration lawyer about an employee transfer?
A UK or Irish company should speak to a U.S. immigration lawyer as soon as the U.S. role, proposed employee, and business timing become serious. Early advice helps the company avoid promising a start date, budget, or visa category before the legal route has been assessed. It also gives HR better language for leadership, a clearer process for the employee, and a stronger basis for planning around cost, timing, and risk.
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