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

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. My partner, Teri Simmons (who wrote most of this post) is an expert in U.S. business immigration law and has advised many Irish/NI businesses on these issues. Reach out to her or me if you have any questions or need guidance.

 

Critical Changes to US Visa Waiver Program Impact Irish/NI Companies

Bottom line up front: as of last Friday, new changes to the US’s Visa Waiver program restrict the use of that program by persons who have visited Iran, Iraq, Syria, or the Sudan at any time after March 1, 2011. Additional “countries of concern” may be added to this list. The nationality of the traveler is not an issue, so this change impacts any person traveling on an Irish or UK passport who has been to the listed countries in the relevant timeframe. Continue reading

Global Outage Impacting US Department of State Bureau of Consular Affairs’ Visa System

The US Department of State Bureau of Consular Affairs’ visa system is currently experiencing a global outage. The outage does not appear to be related to issues of cyber security, according to the Department of State. However, Acting Assistant Secretary Michele Bond has indicated that she does not expect the system to be back online until next week at the earliest. Continue reading