Flynn Hodkinson advises Ireland-based companies, investors, families and individuals on US visa and nationality law from its Dublin office.

An employee needs to move to the United States. Your Irish company is opening or acquiring a US business. You are investing in an American company. Your family is planning a move. Or you need to understand whether temporary residence or a green card better fits your long-term plans.

The right US immigration route depends on much more than the reason you want to move. Nationality, company ownership, employment history, investment structure, your proposed activities in the United States and your long-term plans can all change the answer.

US visa categories are divided into two types: non-immigrant and immigrant. Non-immigrant visas are temporary and allow a person to enter the US for a particular activity in the US for a limited period of time. Immigrant visas are permanent visas, otherwise known as a “green card” and allow a person to reside permanently in the US.

In general, to obtain a US work, a person must have an offer of employment from a US employer or a foreign employer must transfer an employee to the US. If a person does not have a US offer of employment, there may be limited visa options available. Please book a consultation with one of our lawyers to discuss your options.

Which US visa do I need from Ireland?

The visa should be identified from the facts rather than chosen from a list.

For an Irish employer, the assessment may involve the relationship between the Irish and US companies, the employee’s previous employment, the proposed US role and the company’s ownership.

For an investor, nationality, ownership of the US business, the amount and structure of the investment and the investor’s role may affect the available options.

For an individual or family, the answer may depend on employment, family relationships, citizenship, qualifications or long-term plans for living in the United States.

You do not need to know the visa category before speaking with us. We can assess what you are trying to achieve and identify the routes that may be worth considering.

US visas for Irish companies and employees

Irish companies usually encounter US immigration when there is already a commercial reason for someone to be in America.

You may be:

• opening a US subsidiary;
• acquiring an American company;
• transferring a managing director or senior executive;
• sending an employee with specialised company knowledge;
• deploying an engineer or technical specialist to a US project;
• hiring someone for an existing US operation;
• building a longer-term US team.

The visa that fits depends on the facts.

L-1 intra-company transfer

An L-1 may be considered when an employee moves from an Irish business to a qualifying related company in the United States.

The L-1A category applies to qualifying executives and managers. The L-1B category applies to qualifying employees with specialised knowledge.

An L-1A may also be relevant when an Irish company establishes a new US office and needs an executive or manager in the United States to develop the operation.

Learn about L-1 visas

E-1 treaty trader

The E-1 category may be relevant to a qualifying Irish-owned business carrying on substantial trade principally between Ireland and the United States.

Ireland is an E-1 treaty country.

The nationality and ownership of the business, the nature and volume of its trade and the proposed employee’s role all require consideration.

Learn about E-1 Treaty Trader visas

E-2 treaty investor and employee visas

The E-2 may be relevant where an Irish investor or qualifying Irish-owned company has made a substantial investment in a US business.

It can apply to a principal investor who will develop and direct the enterprise. Certain executive, supervisory or essential employees of a qualifying E-2 business may also be eligible.

Ireland is an E-2 treaty country. Irish nationality alone does not establish eligibility. The company ownership, investment, business activity and applicant’s role must also meet the relevant requirements.

Learn about E-2 Treaty Investor visas

H-1B specialty occupation

An H-1B may be relevant where a US employer wants to employ someone in a qualifying specialty occupation and the proposed employee meets the applicable educational or equivalent requirements.

The H-1B has its own employer, position and procedural requirements.

Learn about H-1B visas

O-1 extraordinary ability or achievement

An O-1 may be considered for someone who can demonstrate the required level of extraordinary ability or achievement in their field.

Depending on the category, this may include business, science, education, athletics, the arts, motion pictures or television.

A senior title or successful career does not by itself establish O-1 eligibility. The evidence must meet the relevant legal standard.

Learn about O-1 visas

Is your Irish company opening or acquiring a US business?

Immigration should be considered while the business plan is still being developed.

If an Irish company opens a new US operation, an L-1A new-office case or an E-2 route may be worth assessing.

If the company acquires an existing US business, the answer may depend on the ownership after the transaction, the relationship between the entities and the role of the person who needs to relocate.

These questions become harder to solve once the deal structure has been finalised and the business has already promised that someone will be in the United States by a particular date.

Early immigration advice can help determine whether the proposed structure and relocation plan work together.

Read about US immigration planning for Irish companies expanding into America

US visa options for Irish founders and investors

If you are building, buying or investing in a US business, immigration may affect how the investment is structured and who can be present in the United States to manage it.

E-2 for Irish investors

For many Irish founders and business investors, the E-2 is one of the first routes to assess.

Ireland has E-2 treaty status with the United States. The assessment may involve:

• the investor’s nationality;
• ownership of the US enterprise;
• how much has been invested;
• whether the funds are committed and at risk;
• whether the business is real and operating;
• the investor’s proposed role.

The structure should be reviewed before assuming that an investment automatically creates E-2 eligibility.

Read about E-2 visas for Irish investors

L-1A for an Irish business entering the US

Where an established Irish company is expanding into the United States, an L-1A may provide another route for a qualifying executive or manager.

The E-2 and L-1A have different legal requirements. Which one is more suitable can depend on ownership, the employee’s history with the Irish company, the US entity and the business’s future plans.

Permanent residence for investors

An investor whose objective is permanent US residence may need to consider an immigrant route separately from a temporary investor visa.

Depending on the circumstances, that may include the EB-5 immigrant investor programme or another employment-based immigrant category.

The temporary and permanent strategies should be assessed against the investor’s business plans, family circumstances and long-term objective.

Explore permanent US immigration options

Other temporary US visa categories

Other nonimmigrant categories may be relevant depending on the purpose of travel or the person’s work.

B-1 business visitor

A B-1 visa permits certain temporary business visitor activities. It does not provide general permission to work in the United States.

Read about the B-1 Business Visitor visa

F-1 student

The F-1 category is for qualifying academic students. It is a student visa rather than a general work visa, although limited employment or practical training may be permitted in specific circumstances.

Read about F-1 student visas

J-1 exchange visitor

The J-1 category covers approved exchange programmes, which can include trainees, interns and other exchange visitors.

Read about J-1 Exchange Visitor visas

I visa

The I category applies to qualifying representatives of foreign information media travelling to the United States to work in their professional capacity.

Read about I visas

P visas

P classifications apply to certain athletes, entertainers and associated personnel who meet the requirements of the relevant category.

Read about P visas

R-1 religious worker

The R-1 category may be available to qualifying religious workers coming temporarily to the United States to work for an eligible religious organisation.

Read about R-1 visas

What should an Irish employer have ready before asking which visa applies?

You do not need to become a US immigration expert before speaking with a lawyer.

A few facts can make the first assessment much more useful:

• who needs to move to the United States;
• their nationality, including any dual nationality;
• their current role and proposed US duties;
• how long they have worked for the Irish business;
• the intended US start date;
• who owns the Irish company;
• whether a US entity already exists;
• how the Irish and US entities are connected;
• why the person needs to be in the United States;
• whether a spouse or children will relocate with them.

These facts often determine which questions need to be answered next.

You do not need to choose the visa before contacting us

It is common to arrive with a visa category in mind after searching online or using an AI tool.

That can be a useful starting point, but US immigration eligibility depends on the underlying facts.

A company may initially assume it needs an H-1B when its corporate structure makes an L-1 worth considering. An investor may have heard about the E-2 without knowing whether the ownership structure supports it. An executive may be highly experienced without meeting the requirements of the visa someone has suggested.

Our role is to assess the situation before a company, investor or family builds its plans around a route that may not fit.

How Flynn Hodkinson helps clients in Ireland

Flynn Hodkinson advises on US visa and nationality law for Ireland-based companies, investors, families and individuals.

Our Managing Partner, Janice Flynn, is a US-qualified attorney and dual US-Irish citizen with more than 20 years of experience in US visa and nationality law.

Her work includes E-1 Treaty Trader, E-2 Treaty Investor, H-1B, L-1, O-1, employment-based immigrant, family and nationality matters.

Clients can work with the firm from anywhere in Ireland. Most consultations and case preparation can be handled remotely.

Meet Janice Flynn and the Flynn Hodkinson team