At Flynn Hodkinson, our guiding principles are honesty, compassion and thoroughness. It is our intention to provide the highest level of legal advice and service to help our clients achieve their goals. We approach complex legal issues with compassion and we understand that what we are assisting our clients with is a very important part of their personal and/or professional life.

We will analyse your case and give advice on what the realistic outcome is likely to be. While we can assist most of our clients after the initial consultation we sometimes we need to advise a client that they are unlikely to succeed after we have closely reviewed the facts of the case. This can be difficult but in the end it is more important for our clients to have a realistic idea of their chances for success. US immigration law is complex and visa applications are approved on the basis of discretion. Therefore we provide bespoke legal advice in order to build the strongest case possible for our clients using our knowledge of US immigration law and our more than 25 years experience in dealing with the various US governmental agencies.

On an individual basis, we are American lawyers who have moved to Dublin to start a new life and we understand how someone may want to create a new life in a new country and the challenges that come with that. On a professional basis, we know that if we provide straight-forward advice from the outset our clients and maintain a high level of responsiveness are well-versed in what to expect throughout the process. We find that this relieves a lot of stress our clients, be they individual or employment-based clients, experience.

Our expertise is solely with US immigration law, but being based in Dublin we have a savvy outlook to see beyond our field of expertise to identify issues to connect our clients with other professionals to help with issues relating to international tax, financial planning and international human resources. If needed, we are able to point our clients to experts in dealing with these issues so they can obtain critical advice prior to entering the US.

An Irish company may be able to transfer an employee to the United States, but the correct visa depends on the company structure, the employee’s role and the purpose of the move.

An L-1 visa may be available where the Irish and US businesses have a qualifying corporate relationship and the employee meets the previous employment requirements. Other options may include an E visa, H-1B visa or O-1 visa, depending on the facts.

The visa route should be assessed before the company confirms a US start date or makes commitments connected to the employee’s relocation.

An L-1A new-office visa or an E-2 treaty investor visa may be relevant when an Irish company establishes a US operation.

An L-1A may allow a qualifying manager or executive to move from the Irish business to establish or manage the US office. An E-2 may be considered where the business has the required treaty-country ownership and a substantial investment has been committed to a real US enterprise.

The right option depends on the ownership structure, investment, employee’s role, existing operations and long-term plans for the US business.

Yes. Ireland is an E-2 treaty country, so an Irish citizen may be eligible to apply for an E-2 treaty investor visa.

Irish citizenship alone is not enough. The applicant must also meet the E-2 requirements. These include making a substantial investment in a genuine US business and entering the United States to develop and direct that business. The nationality and ownership of the US enterprise must also be examined.

It is important to assess the structure before funds are committed because ownership arrangements can affect E-2 eligibility.

The E-2 and EB-5 are different routes.

The E-2 is a temporary visa for a qualifying treaty-country investor who will develop and direct a US business. It does not provide a direct route to permanent residence.

The EB-5 is an immigrant investor category that may lead to a green card. It involves a qualifying capital investment in a new commercial enterprise and specific job-creation requirements.

The appropriate route depends on the investor’s capital, business plans, desired level of involvement, family circumstances and whether permanent US residence is part of the long-term objective.

It depends on the principal applicant’s visa category and the spouse’s immigration status.

Certain spouses in valid E or L dependent status may be authorised to work in the United States based on that status. Different rules apply to spouses in other visa categories, and some may need separate employment authorisation or their own work visa.

Dependent children are generally not authorised to work solely because they hold dependent status. Family work and study rights should be considered when choosing the principal applicant’s visa route.

There is no single processing time for a US visa application from Ireland.

Some visa categories require a US employer to obtain petition approval from US Citizenship and Immigration Services before the applicant can complete the consular stage. Other applications may follow a different process. Timing may also be affected by the complexity of the case, the quality of the evidence, appointment availability and additional administrative processing.

A realistic estimate can usually be given only after the proposed visa category and the applicant’s circumstances have been reviewed. Applicants should avoid making non-refundable travel or relocation arrangements until the appropriate visa has been issued.

No. US immigration and nationality law is federal law, and clients may work with a US-qualified immigration attorney who practises from Ireland or another country.

The lawyer’s physical location is usually less important than their US bar admission, immigration experience and understanding of the relevant embassy or consular process.

Flynn Hodkinson’s US-qualified lawyers advise Ireland-based businesses, investors, families and individuals on US visa and nationality matters.

Yes. Flynn Hodkinson can advise clients throughout Ireland and in other countries.

Consultations and casework can usually be managed by video call, telephone and secure electronic communication. This is particularly helpful where the client, employer, employee or family members are based in different locations.

Where an application involves an interview or appointment at a US embassy or consulate, the firm will explain the relevant process for that location.

The consultation gives the lawyer an opportunity to understand what you are trying to achieve and identify the immigration issues that may affect your plans.

Depending on the matter, the discussion may cover your nationality, work history, company structure, ownership, investment, intended US activities, timing and family circumstances. The lawyer can then explain which routes may be worth considering, what further information is required and where the main risks may arise.

A consultation does not guarantee that a visa is available or that an application will be approved. Its purpose is to provide a realistic assessment and help you decide what to do next.

Yes. Flynn Hodkinson advises US citizens and lawful permanent residents living in Ireland on US nationality and immigration matters.

This may include questions about acquiring or documenting US citizenship, transmitting citizenship to a child, renouncing US citizenship, returning to the United States and maintaining lawful permanent resident status after spending extended periods abroad.

These matters can have consequences beyond immigration law. Separate tax or financial advice may also be required, particularly before renouncing citizenship or making decisions about long-term residence outside the United States.