27 Apr The Eight Pieces of Information Your U.S. Immigration Lawyer Needs Before the First Call: A Checklist for HR
You’re looking forward to your upcoming consultation with a U.S. immigration lawyer, but it’s important that you not waste the opportunity by showing up for the call unprepared.
You must leave this consult ready to discuss options and field questions from both company leadership and from the employee who will be transferring to your employer’s U.S. division.
With no training in international legal matters, you have been asked to manage a U.S. visa process for one of the company’s employees. Leadership wants a timeline. The employee has many questions and concerns.
Before you’ve even met with a lawyer, you feel under pressure to obtain, understand, and then apply the information needed to facilitate this important step in the company’s growth plan.
You have a nagging feeling you’re missing something important…
What information should you have ready for a U.S. visa consultation?
At a glance: Before your first call with a U.S. immigration lawyer, have these eight things ready: (1) the employee’s full name, nationality, and date of birth; (2) their current immigration status in the UK; (3) a clear description of what they will do in the U.S. and for how long; (4) details of your U.S. business entity, if one exists; (5) the company’s ownership structure on both sides of the Atlantic; (6) the employee’s job title, qualifications, and relevant work history; (7) your required U.S. start date and what happens if it slips; and (8) any prior U.S. visa or immigration history for the employee. Each of these can affect which visa routes are available, how strong the case is, and whether the timing is realistic.
Why is the first consultation with a U.S. Immigration lawyer worth getting right?
At the first consultation, your U.S. immigration lawyer is usually trying to do four things:
- assess whether the case looks viable
- judge which visa route may make sense
- estimate likely costs
- give a realistic view of timing
Coming prepared matters for simple reasons:
- The lawyer can spend the consultation on analysis and strategy, not on basic fact-gathering.
- You reduce the risk of needing an extended or follow-up consultation because key information was missing.
- You are more likely to leave with answers you can use internally with leadership and with the employee.
Getting the first consultation right is particularly important in 2026, when U.S. immigration policy is undergoing rapid changes, rendering the stakes of choosing the wrong rules higher than they have been in years.
What to prepare, and why it matters:
1. The employee’s full name, nationality, and date of birth
Nationality is one of the most important facts in a U.S. visa assessment. Some visa categories are available only to nationals of specific countries. For example, E-1 and E-2 visas require both the employee and the sponsoring business to be nationals of a treaty country with the United States. Even where nationality is not a hard eligibility requirement, it can affect where the visa is processed and how long that process may take.
Why this matters: Without knowing nationality from the start, no lawyer can give you a complete picture of which routes may be open.
2. The employee’s current immigration status in the UK
A person’s current UK immigration status can affect how and where they apply for a U.S. visa, and what supporting documents they will need. For employees who are not UK or Irish nationals, their current right to remain in the UK is also relevant context.
Why this matters: This is rarely the first thing HR thinks about. It is often one of the first things a lawyer asks.
3. A clear description of what the employee will do in the U.S. and for how long
The activities the employee will perform in the U.S., and the expected duration of the assignment, directly affect which visa categories may apply. Someone attending meetings is treated differently from someone managing a team, delivering services, or running a U.S. entity. A short assignment is treated differently from a long-term move.
Why this matters: Vague job descriptions create problems later. Specific facts save time and reduce avoidable confusion.
4. Details of your U.S. business entity, if one already exists
Several visa routes, particularly the L-1 intracompany transferee visa, depend on a qualifying relationship between the UK or Irish employer and a U.S. affiliate, parent, or subsidiary. If your company already has a U.S. entity, your lawyer will need its formation details, registered address, and relationship to the overseas business. If there is no U.S. entity yet, that changes the options significantly.
Why this matters: The presence or absence of a U.S. entity is often one of the most important structural facts in a corporate immigration assessment.
5. The company’s ownership structure on both sides of the Atlantic
For intracompany transfers under the L-1 category, the ownership structure of the UK parent and the U.S. entity must meet specific legal tests. For investor visas such as E-1 and E-2, the nationality of the majority owners is a threshold issue. Your lawyer needs to understand who owns what, and how the businesses are connected.
Why this matters: Ownership structure can determine which visa routes are available. It is worth asking your legal or finance team for this information before the consultation.
6. The employee’s job title, qualifications, and relevant work history
For H-1B professional worker visas, the role must usually qualify as a specialty occupation, which generally means it normally requires at least a bachelor’s degree in a relevant field. The O-1 extraordinary ability visa relies on a different kind of evidence. Even outside those categories, the employee’s professional background can affect which route looks strongest.
Why this matters: An employee’s CV and academic credentials are not just background material; they can open or close visa options.
7. Your required U.S. start date and what happens to the business if it slips
Processing timelines vary widely across visa categories and consular posts. Some routes can be accelerated through premium processing. Others, including H-1B cap-subject petitions, have fixed annual filing windows. Knowing your start date up front allows your lawyer to identify whether the timeline is achievable and, if not, what the alternatives are.
Why this matters: Some of the most expensive immigration mistakes happen when a business commits to a start date before checking whether the process can support it.
8. Any prior U.S. visa or immigration history for the employee
Prior U.S. visas, prior entries, previous visa applications, refusals, and any past immigration violations are all relevant. A previous refusal does not automatically rule out a future application, but it does change the assessment. Your lawyer needs to know about it before giving you a reliable view.
Why this matters: Undisclosed immigration history can derail an otherwise strong case. It is far better for your lawyer to know up front.
“My role is not simply to formulate a solution or decide on a course of action. It is to give HR contacts and leadership teams the clear, honest picture they need to make good decisions early.”
What to do with this checklist before the consultation.
Helpful hints and important cautions for HR professionals:
- Not all eight items of information will be immediately available. Some, such as the company’s ownership structure or the employee’s full visa history, may require a quick conversation with your legal, finance, or HR team or with the employee before the consultation.
- As you systematically gather the information, if you realize that one item is unclear, it is better to track down that item rather than arriving at the consultation missing key facts. (You don’t want to spend the first twenty minutes of the consultation trying to track those facts down).
- If your HR duties involve managing across time zones or with limited internal resources, a practical move might be asking the employee directly about their own qualifications, work history, and prior U.S. immigration history.
- If you are unsure about your company’s U.S. entity status, check with your finance or legal team prior to the consultation. If there is no U.S. entity, you need to know that and state that clearly to the lawyer. The status is not necessarily a problem, but it will change the advice you’re given.
Remember, if you have the checklist completed before the consultation with the immigration lawyer, the session itself will be faster, clearer, and more useful. That is the point.
You are managing the expectations of both leadership and the employee while trying to understand a process that may be new to you. Gathering the relevant company and employee facts does not require legal expertise. The lawyer does the legal analysis.
But the more complete the information you provide, the more useful the assessment will be, and the more confidently you can brief your own leadership and the employee on what happens next.
1. What information does a U.S. immigration lawyer need from an employer?
Before a lawyer can assess which route may apply, they typically need eight key pieces of information: the employee’s nationality and current UK immigration status; what they will do in the U.S. and for how long; details of any U.S. entity; the ownership structure; the employee’s qualifications and work history; your required start date; and any prior U.S. visa history.
2. Do I need to know which visa category we want before speaking to a lawyer?
No. Identifying the right visa route is part of the consultation. What matters is arriving with the facts the lawyer needs in order to assess the options properly.
3. What if we do not have a U.S. entity yet?
That is important information, not a reason to delay the consultation. Some visa categories depend on a qualifying relationship with a U.S. entity. Others may still be available. Your lawyer needs to know the position clearly.
4. What if the employee has had a prior U.S. visa refusal?
A prior refusal does not automatically prevent a future application, but it changes the assessment. It is better to disclose it at the start than to discover it later in the process.
5. How long does a U.S. work visa take?
That depends on the visa category, the filing route, the consulate involved, and whether premium processing is available. Some matters can move quickly. Others are tied to fixed filing windows.
6. Can I prepare this checklist with the employee?
Yes. In many cases that is the most practical approach. The employee is often the best source of information about their qualifications, prior U.S. immigration history, and planned role.
7. What happens in the first consultation if I come prepared?
A useful first consultation should focus on analysis, not fact-gathering. Based on the information provided, the lawyer should be able to assess viability, likely routes, timing, cost, and next steps.
The Eight Pieces of Information Your U.S. Immigration Lawyer Needs Before the First Call: A Checklist for HR
Before your first call with a U.S. immigration lawyer, there are 8 things they will need to assess your case properly. Janice Flynn, a U.S. visa and nationality lawyer in the UK and Ireland, sets out exactly what to prepare.
You Need to Move a Key Employee to the U.S.
Your business needs a key person in the US. But is there actually a visa route available for them? Janice Flynn, US immigration lawyer in London, explains the questions that determine whether a US work visa is realistic and what to do first.
Firm Update: Rikkilee Barrow Promoted to Senior Associate
The people who work with Flynn Hodkinson define who we are and therefore it is with great pleasure that I...
National Interest Exception Waivers Granted by the US Department of State Extended for 12 Months and Multiple Entries
On 06 July, the Department of State announced the automatic extension of National Interest Exception (‘NIE’) waivers approved within the...
US Citizenship Act 2021 Introduced to the House & Senate
On February 18, 2021, Representative Sánchez (D-CA) introduced the U.S. Citizenship Act of 2021 in the House (see US Citizenship...
Can you still travel to the US directly from the UK, Ireland, Schengen area or Brazil after January 26th?
US COVID travel bans likely still in place for those in UK, Ireland, Schengen area, and Brazil. President Biden...
President Biden Revokes Discriminatory Bans on Entry to the United States
Around mid-day on 20 January 2021, Joseph Biden was sworn in as the next President of the United States, and...
US Entry Alert – From 26th January ’21 Proof of Negative COVID Test Result Required within 72 Hours of US Travel
From the US Embassy in London: “Effective January 26, all airline passengers to the United States ages two years and...
Presidential COVID-19 Proclamations – Clearing Up the Confusion
US Visa and Entry Issues – How Do Trump’s Proclamations Effect You? 2020 can best be described as a...
USCIS Change in US Visa Fees Highlights Attitude Toward the Most Vulnerable
The US Department of Homeland Security (DHS) has announced a new fee schedule for the US Citizenship and Immigration Services...
USCIS Cancels Furloughs for 70% of its Staff!
In a massive turnaround, the US Citizenship & Immigration Services canceled the furlough of 13,000 of its staff. The US...
Signs of Life? US Department of State News
National Interest Exceptions for Travelers from Schengen Area, UK and Ireland & Phased Resumption of Routine Visa Services. More stop...
Updates on Executive Orders Banning Certain Immigrants & Nonimmigrants
April 22nd Executive Order Updated on June 22nd, 2020 Initially, Trump issued an Executive Order on April 22, 2020, entitled...
Flynn Hodkinson Observes Juneteenth
Observance of Junteenth – Why Now? Our firm is made up of American lawyers and so our hearts are with...
US Visa Alert! Possible Expansion of Presidential Proclamation.
If any US employees currently hold H-1B, L-1, H-2B, or J-1 US visas it is advisable that they should return...
Options for US Citizen Expats to Speed Up Spouse-Based Immigrant Visa Processing
The US Citizenship & Immigration Services or “USCIS” is the US agency under the US Department of Homeland Security responsible...
USCIS Extends Flexibility for Responding to Agency Requests
On May 1, 2020, in response to the COVID-19 pandemic, the US Citizenship & Immigration Services (USCIS) announced that the...
Trump’s Executive Order – It only achieves more chaos
On April 22, 2020, President Trump issued an executive order entitled, “Proclamation Suspending Entry of Immigrants Who Present Risk to...
Trump’s Announcement
It’s not the end of US immigration. Instead, immigration will be paused. President Trump announced last night that the...
Trump’s Tweet: What does it mean for US immigration?
“Is this the end of US immigration?” Last night, despite the many other things President Trump should focus on while...
Covid-19 Pandemic US Visa & Entry Issues.
The disruptions in travel caused by COVID-19 have left many in a state of uncertainty regarding their US visa status...
Update: What our firm can do in light of closures & delays of US consular posts & USCIS offices due to COVID-19
What Janice Flynn & Associates can do for you during the COVID-19 pandemic At this time our office can continue...
USCIS Field Office Closure on 31 March 2020
Despite the American Embassy in London temporarily closing for visa processing, the USCIS Field Office, which is housed in the...
FAQs Regarding Proclamation—Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus
Date 15th March 2020 When did or does the proclamation come into effect? There have been several proclamations relating to...
Firm Statement Regarding Office Operations in Light of Covid-19
As COVID-19 continues to impact all of our lives, our firm would like to update our clients on the steps...
Countries Affected by Trump’s ‘Travel Ban 3.0’ Rise to Thirteen
On 31 January Donald Trump issued a “Proclamation on Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry”. This...
USCIS Adjusts the Premium Processing Fee
Starting on December 2, 2019, USCIS has raised the Premium Processing fee to $1,440 For most petition-based visas, a Premium...
New DHS Rule Redefining Public Charge Inadmissibility Grounds
New US Department of Homeland Security Public Charge Rule Published August 14, 2019 If this existed 100 years ago, my...
US Visa Basics for HR Managers
US Visa Law for Companies At US Visa Solutions we work with many Human Resource departments within small, medium and...
The Royal Birth & US Citizenship
Congratulations to Prince Harry and Meaghan on the birth of their son! Meghan, assuming she hasn’t renounced her US citizenship,...
What to Do When Your Device is Searched at the US Border
In our practice we’ve seen more clients stopped at the US border and had their electronic device, usually a mobile...
US Family Visas: Who Can Sponsor You and How Long Will it Take?
So you have a family member in the United States and you want to move there too? The good news...
US Dept of State Proposes Collection of Social Media Info on Visa Applications
On March 30, 2018, the US Department of State published requests for comments on the Federal Register to collect more...
USCIS Expands Credit Card Payment Option for Fees
The US Citizenship & Immigration Services (USCIS) which processes visa petition and applications under the US Department of Homeland Security,...
Immigration Innovation Act 2018
I-Squared bill, introduced last week by Senators Orrin Hatch and Jeff Flake. The bill seeks to modernize & reform the...
Visiting the US When You Have a Prior Criminal Past – Can all be forgiven?
Lots of people call our office who have prior arrests, cautions or convictions who wish to visit the US. Usually,...
New I-9 Form Requirements
For US Employers – I-9 Form Update The I-9 Form is used to verify the identity and employment authorization of...
Love and Marriage: Spouse-based Immigrant Visas at the US Embassy in London
Update: Please note that this post was initially posted in 2016. In 2019 the USCIS London Field Office announced that...
E-2 Treaty Investor Visas: What exactly is a substantial investment?
The E-2 Treaty Investor is a great visa to use for a broad range of clients. From large publicly traded...
House passed Visa Waiver Program Improvement Act
Yesterday, the House of Representatives passed a bill to restrict the Visa Waiver Program and could bar those with dual...
Report from Dilley
This is the first instalment of a blog that a fellow US immigration lawyer, B. John Ovink, wrote about his...
Renunciation of U.S. Citizenship – Delays in Scheduling Appointments at the US Embassy in London
If you want to renounce your U.S. citizenship by the end of the year (December 31, 2015), we recommend that...
Obama’s Executive Action for US Immigration Reform
Yesterday, 20th November 2014 President Obama announced a series of executive actions to implement major changes in US immigration law and...
USCIS Field Office Alert Regarding Credit Card Payments
Our office received the following alert regarding the payment of US Citizenship & Immigration Services filing fees which could possibly...
Why was Nigella Lawson not allowed to board her flight to the US?
Recently the headlines reported that Nigella Lawson was not allowed to board a flight to the US in Heathrow this...
US Government Shut Down
The US government shut down that took affect last night will not affect the processing of visa applications at the...
1st Anniversary of the Law Office of Janice A. Flynn & US Immigration Reform
Today is the first anniversary of the opening of the Law Office of Janice A. Flynn. It’s been a really...
New US Immigrant Visa Fee to Take Affect 1st February 2013
Individuals issued US immigrant visas on or after February 1, 2013 must pay an additional $165 immigrant fee to theUS...
Special Guest Blog: Where to Incorporate in the United States?
Jonathan Strassberg is a UK-based US commercial lawyer who advises small and medium sized businesses on businesses issues related to...
E-2 Treaty Investor Top Tip: Buying an American Business to Minimize Your Risk
How Do I Minimize My Risk When Buying a US Business When Applying for an E-2 Treaty Investor Visa? The E-2...
Top 10 Things to Know About ESTA
The Electronic System for Travel Authorization or, “ESTA” is a fairly new system implemented in 2009 for those who wish...
Living the Dream: Investing in & Working in a US Business
Maybe you’ve been working hard all your life and you want a change. Or you may have visited the US...
Planning a US Visa Application for HR Managers
In this economy more than ever companies have to keep business moving as quickly as possible. For multinational companies this...
10 Things You Need to Know About US Visa Law
1. There isn’t a one-size fits all US visa. Get good advice on which is the best US visa for...
Consular Processing E-2 Treaty Investor Visa Applications
E-2 visa category can be used for a whole spectrum of sizes and types of businesses from small mom and...
A History of the H-1B Visa Filing Season & Lottery
Its April which, in addition to April Fools Day and April Showers there is what fellow immigration lawyers call the...