Growing Complexity of U.S. Visa Processing for Irish/NI Companies

Arnall Golden Gregory LLP
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U.S. visa processing is growing in complexity, with many new U.S. operations of Irish/NI parent struggling to qualify for classification to sponsor qualified professionals for work authorization in the U.S . New U.S affiliates usually do not qualify to sponsor foreign nationals for work authorization until they are fully established, with a lease for offices, investment, and in many cases U.S. personnel on payroll.

If a U.S. affiliate of an Irish/NI parent is not qualified to sponsor key personnel for work authorization, professionals may often qualify for a temporary professional visitor visa to travel to the US . B-1 visas and/ or B-1 in lieu of H-1 visas are alive and well at most European posts (including Dublin and Belfast) when a visitor can show that he or she is traveling to the U.S. for purposes of investing in a U.S. business, or engaging in professional services related to their employment outside the U.S. and their area of their expertise, provided they have earned a Bachelor’s degree equivalency. For example, an employee of an Irish/NI parent company may qualify for a B-1 visa to travel to the U.S. for up to 6 months in one stay to set up corporate operations. An IT professional may qualify for a B-1 in lieu of H-1 visa for purposes of setting up critical IT systems in the US to support operations.

Documentation reflecting qualification is required, as is a prepared applicant. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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