Temporary US Work Visas for Irish Companies and Employees

An Irish company may be able to support a US work visa where it has a qualifying US entity or works with a US employer or agent that can act as petitioner.

The exact arrangement depends on the visa. An L-1 requires a qualifying relationship between the overseas and US businesses. An H-1B usually requires a US employer. E-1 and E-2 eligibility depends partly on treaty nationality and ownership.

For many work visa categories, the employee needs a qualifying US position and a sponsoring employer or agent.

An E-2 principal investor is different because the person may enter to develop and direct a business in which they have invested. The facts must still satisfy the E-2 requirements.

Flynn Hodkinson does not find US jobs or arrange employment offers.

Yes. Ireland is an E-2 treaty country. An Irish citizen may qualify as an E-2 investor, or in some cases as an employee of a qualifying E-2 enterprise.

Citizenship alone is not enough. The ownership, investment, business and role requirements must also be met.

An L-1A or E-2 visa may be considered, depending on the corporate structure, ownership, investment, prior employment and proposed US role.

The correct answer cannot be determined from the job title alone.

ESTA does not provide general permission to work in the United States.

It may be used for permitted business visitor activities under the Visa Waiver Program, but not for ordinary employment or productive labour. The planned activities should be assessed before travel.

It depends on the dependent category.

Certain E and L spouses are authorised to work based on their status. Certain H-4 spouses must meet separate requirements and obtain employment authorisation before working. Other dependent spouses may not have employment permission.

There is no single processing time.

Timing depends on the visa category, whether a USCIS petition is required, the evidence, the availability of expedited processing, consular appointments and whether the government requests further information.

A reliable estimate can usually be given only after the route and facts have been reviewed.

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.

A temporary work visa does not automatically become permanent residence. However, an employee may later qualify for a separate employment-based, family-based or other immigrant category.

US employment-based permanent residence includes several preference categories, each with separate eligibility, sponsorship and procedural requirements. The availability of a longer-term route should be assessed separately from the temporary visa application.

Some temporary visa categories also involve restrictions or strategic issues when the applicant intends to remain permanently. Long-term immigration planning should therefore begin before the employee’s temporary status is close to expiring.