Immigration & Visa Basics for HR: A Working Mental Model
The visa categories, sponsorship realities, and process timelines HR leaders need to know — not as immigration lawyers, but as the people who'll get asked…
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- Immigration is owned by counsel, but candidates ask HR first — be literate.
- Three jurisdictions cover 80% of cases: US, UK, Schengen.
- Process timelines are measured in months, not weeks — bake them into hiring plans.
- Sponsorship is a major cost line and a real strategic commitment.
- Internal mobility is the cleanest path; intra-company transfers are easier than fresh hires almost everywhere.
HR is the first call when a candidate asks 'can you sponsor me?' or an employee says 'I want to move to your London office'. Counsel does the work, but HR is the interface — and the cost of misinformation here is measured in lost offers and miscommunicated commitments.
The three jurisdictions that cover most cases
| Jurisdiction | Most common categories | Typical timeline |
|---|---|---|
| United States | H-1B (lottery), L-1 (intra-company), O-1 (extraordinary), Green Card | H-1B: lottery in March, start in October; Green Card: 1–10+ years by country |
| United Kingdom | Skilled Worker visa (sponsor licence required), Global Talent, Senior or Specialist Worker (intra-company) | Skilled Worker: 8 weeks from CoS; sponsor licence: 8 weeks one-time |
| Schengen / EU | EU Blue Card (varies by member state), national skilled-worker permits, intra-company transfer | 3–6 months typical; varies widely by member state |
Common visa categories
- Standard employer-sponsored skilled visa: cap on duration, role and salary minimums, ties worker to the sponsor.
- Intra-company transfer: easier where the employee has 12+ months tenure at the foreign entity; preferred path for global mobility.
- Talent/extraordinary categories (US O-1, UK Global Talent): higher bar, fewer constraints — useful for senior or specialist hires.
- Permanent residence pathways: typically follow 3–5 years of skilled work; long lead times in oversubscribed countries.
- Dependent visas: spouse and children — often have work rights in UK/EU, more limited in US.
The sponsorship commitment
- 1Legal fees$3k–$15k per case typical; complex Green Card paths much higher.
- 2Government feesVary widely — UK Immigration Skills Charge alone is £1,000/year sponsored.
- 3HR / mobility team time10–40 hours per case for first few; declines with templates and counsel relationships.
- 4Salary and role floorsMost regimes set minimum salaries and role-level requirements — often forcing higher comp than non-sponsored hires.
- 5Restrictions on the employeeCannot freely change roles or employers; HR must manage their renewals and transitions.
What HR actually does
- Maintain an updated cheat-sheet of which roles/levels the company will sponsor and in which jurisdictions.
- Brief recruiters so candidate conversations are honest from first call.
- Engage immigration counsel before extending an offer that requires sponsorship.
- Track every sponsored employee's status, renewal date, and any role change that triggers re-filing.
- Build a relocation protocol that covers visa support, housing assistance, tax equalization where promised.
- Audit annually: sponsorship by demographic group, by team — bias and concentration both surface here.
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