Partner

Seattle

Direct: 206.319.7007

Office: 206.319.7052

kupadhyay@buchalter.com

Bar Admissions

Washington

Languages

Hindi, Nepali, Spanish, Urdu

Overview

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Kripa Upadhyay is the Co-Chair of Buchalter’s Immigration & Global Mobility Practice, where she advises foreign investors, founders, and multinational companies on entering, operating, and expanding within the United States.

Foreign Direct Investment & Cross-Border Transactions

Ms. Upadhyay’s practice integrates U.S. immigration strategy with the broader considerations of foreign direct investment, helping clients structure cross‑border transactions while effectively managing talent mobility and regulatory risk. She works closely with venture capital funds, private equity sponsors, family offices, and high‑growth companies to align business objectives with compliant, practical pathways into the U.S. market.

She is also a trusted advisor on national security considerations related to inbound investment—particularly CFIUS analysis—and regularly supports foreign organizations investing in the technology, real estate, health‑tech, and defense sectors. Her guidance includes advising on export‑control frameworks under ITAR and EAR to ensure workforce planning and global hiring remain compliant.

Immigration & Regulatory Compliance

Ms. Upadhyay routinely counsels HR teams and business leaders on the immigration implications of onboarding, transferring, and terminating foreign national employees. She develops immigration strategies for companies that frequently move talent across borders and advises on compliance with U.S. immigration and Department of Labor regulations governing the employment of foreign nationals.

Her work includes delivering training, conducting proactive I‑9 “self‑audits,” and preparing clients for worksite enforcement actions to help safeguard business continuity and leadership stability. She also develops Standard Operating Procedures (SOPs) to ensure organizations maintain compliance with immigration and labor laws, including identifying employees requiring ITAR/EAR licenses and ensuring the appropriate authorizations are obtained.

Ms. Upadhyay’s immigration practice focuses on securing high‑value pathways for founders, executives, investors, and key talent, including EB‑1, O‑1, NIW, EB‑5, L‑1, and E‑2 classifications.

She represents venture‑backed startups, global technology companies, institutional investors, and international founders seeking to scale their operations in the United States with clarity, efficiency, and confidence.

  • In Shergill v. Mayorkas, Kripa Upadhyay, played a pivotal role as counsel in a groundbreaking class action lawsuit that secured key reforms for nonimmigrant H-4 and L-2 spouses experiencing significant delays in employment authorization processing. The lawsuit successfully overturned a U.S. Citizenship and Immigration Services (USCIS) policy, which had previously prevented H-4 spouses from receiving automatic extensions of their work authorization while standalone employment authorization document (EAD) applications were pending. Additionally, the agreement resulted in a major policy shift for USCIS, which now recognizes that L-2 spouses are automatically authorized to work as part of their immigration status. This means spouses of executives and managers no longer need to apply for work authorization before beginning employment in the U.S.
  • In Bajaj v. Blinken, Kripa Upadhyay served as counsel in this significant class action filed in the U.S. Federal Court for the Western District of Washington in February 2022. The lawsuit challenged the U.S. Department of State’s failure to process EB-5 applications following the 2019 lapse in the program’s reauthorization by Congress. During this lapse, no Regional Center could accept new investors until reauthorization. However, the Department of State wrongly halted the consular processing and visa issuance for previously approved I-526 petitions. The lawsuit contested the Department’s misapplication of the law, though it was eventually withdrawn when Congress reauthorized the EB-5 program through the passage of the Reform and Integrity Act of 2022.

Admissions

  • Washington
  • Supreme Court Washington
  • U.S. District Court for the Eastern District of Washington
  • U.S. District Court for the Western District of Washington
  • United States Court of Appeals Ninth Circuit

Education

  • Seattle University School of Law, J.D.
  • California State University, Long Beach, B.A., Political Science

  • Best Lawyers in America, Immigration Law, 2026
  • Chambers USA, Immigration Law, 2024 and 2025
  • EB5 Magazine as Top 10 Rising Star, 2023
  • Washington State Bar Association’s (WSBA) Community Service Award, 2011
  • Rising Star by Super Lawyers magazine for Immigration Law, 2014 – 2018

  • Foreign Direct Investment

  • Member, American Immigration Lawyers Association’s (AILA) National committee for EB-5 (investor-based immigration)
  • Member, American Immigration Lawyers Association (AILA Washington State chapter)

  • Board Member, Joint Minority Mentorship Program

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