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Buchalter attorneys assists businesses in securing visas for key employees and I-9 compliance; foreign investors with acquiring investment-based visas.

As business immigration attorneys, we represent individuals and U.S. and foreign businesses and their workers in all aspects of immigration. We are particularly experienced in the intricacies associated with securing work authorization for critical non-U.S. employees and executives. We help businesses understand the various visa options that may be available for workers so that the best and most expeditious path can be taken.

The lawyers on our Immigration Team are experts in various areas of immigration law. Nationally recognized for our work in this area, our team also brings a vast diversity of knowledge based on our lived experiences in various countries. With the majority of our Immigration team members being immigrants, we bring an innate understanding of the journey to the U.S. and its myriad trials and tribulations.

In addition to a plethora of languages spoken by other attorneys at the firm, our team speak a combined 9 languages, including: English, Farsi, French, Hindi, Italian, Korean, Nepali, Spanish, and Urdu.

We also help businesses comply with I-9 regulations, and provide representation in visa challenges, worksite enforcement, I-9 audits, federal hearings, and other complex issues. When mergers and acquisitions are contemplated involving a company with non-US citizen employees on various visas, we assist business clients in identifying and resolving related business immigration matters affecting employees and management. We also assist investors seeking to make an investment in the US, helping them understand the associated visa paths and conditions related to their investment and immigration, as well as the immigration of family members.

Click HERE to view our Immigration Practice brochure.

What We Do

Investor-Based Immigration - EB-5 Visas
The investor-based 5th Preference (EB-5) is the fastest and most effective route to lawful permanent residence (commonly referred to as “Green Card”).

Investors can either invest in their own project or in a Regional Center project. The regulations allow Investors investing in a Targeted Employment Area (TEA) (which is a rural area or an area where unemployment is at 150% or higher of the Federal Unemployment level) to invest at a lower threshold than those investing in areas outside a TEA.
- Requires minimum Investment of $800,000 (TEA Area) or $1.5 Million in non-TEA Areas (Note: Amounts are subject to change per USCIS rules)
- Investor’s application includes Principal Investor, Spouse and Unmarried children under age 21
- Direct path to Lawful Permanent Residence or “Green Card”
To ensure EB-5 clients receive all the legal guidance they need, we work alongside our tax, trust & estate planning, litigation, employment, and wealth management attorneys.
L-1 Visas
How We Help
- Advising on overall process, strategy, and timeline
- Performing due diligence on a chosen business area and location viability for the associated company
- Working with professional business plan writers to draft a 3–5-year business plan tailored to your business
- Assisting with basic corporate formation matters
- Drafting shareholder agreements and operating agreements
- Issuing shares or membership interests
- Appointing board members
- Drafting employment agreements
- Providing tax advice and undertaking filings
- Reviewing lease documentation
- Drafting commercial agreements with customers and suppliers
- Transitioning from an L-1 visa to a Green Card
E-1 & E-2 Visas
Investor (E-1 and E-2) visas are based on a treaty between the U.S. and the country of which the applicant is a national. For an E-1 visa, the applicant must be entering the U.S. solely to carry on substantial trade that is international in scope, principally between the U.S. and the foreign state of which he or she is a national. For an E-2 visa, the applicant must invest a substantial amount of capital in a bona fide enterprise. E visas are issued at the Consulate or Embassy outside the United States for periods up to five years. E visas may be renewed indefinitely, although the applicant should not intend to remain in the U.S. permanently.

Our immigration team has successfully guided many individuals from various countries through the process of acquiring either E-1 or E-2 visas for themselves, their spouse, and dependent children. Our support is not restricted to just immigration aspects, but rather to the whole range of services. We stay with our clients through the process for years after securing the E-1 or E-2 to continue to support their growth and changing needs, both in terms of immigration as well as their business.

OUR IMMIGRATION AND CORPORATE SERVICES FOR E-1 AND E-2 CLIENTS
- Advising on overall process, strategy, and timeline
- Performing due diligence on a chosen business area and location viability for the associated company
- Working with professional business plan writers to draft a 3–5-year tailored, business plan tailored
- Assisting with basic corporate formation matters
- Drafting shareholder agreements and operating agreements
- Issuing shares or membership interests Appointing board members
- Drafting employment agreements
- Providing tax advice and undertaking filings Reviewing lease documentation
- Drafting commercial agreements
- Ensure a smooth international franchise launch by providing expert guidance on set-up, navigating tax implications, and addressing immigration concerns.
Employment-Based Immigration
Our immigration team has extensive experience with both temporary and permanent visas for employees. We have successfully secured visas including H-1B for professionals, L-1 Visas for managers and executives, and O-1 Visas for entertainers and other persons of extraordinary ability. Skilled workers and unskilled workers can obtain permanent visas through the PERM labor certification process. Certain persons (including multinational executives, managers, persons of extraordinary ability, and outstanding researchers and professors) can obtain a waiver of the labor certification process through the EB-1. We carefully analyze background and skills to determine alternatives and select the most appropriate visa options.

Beyond securing the right visa, our Immigration team works seamlessly with Buchalter’s Labor & Employment Law group to ensure ongoing compliance with U.S. labor laws. This collaboration includes assisting companies in developing compliant employee handbooks, crafting effective onboarding procedures, and addressing any employment-related questions that may arise after the initial visa is secured. This integrated approach ensures a smooth transition for both the company and the foreign national employee.

Buchalter has a substantial employment-based immigration practice, and has successfully secured the following types of visas:
- H-1B and H-1B1 visas
- J-1 visas including Conrad waivers for doctors and waivers of the 2-year home residency requirement
- TN Treaty NAFTA visas
- O-1
- PERM labor certifications
- Outstanding Researchers / Extraordinary Ability (EB-1)
- National Interest Waivers (NIW)
COMPLIANCE FOR EMPLOYERS – I-9 RECORD COMPLIANCE & AUDITS

Compliance for employers is rapidly becoming the most important area of immigration law. We advise employers on how to maintain appropriate immigration records including paper and electronic compliance for I-9 records. We also provide representation at audits by the U.S. Department of Homeland Security (DHS), the U.S. Department of Justice (DoJ), and the U.S. Department of Labor’s Wage and Hour Division.

ON-SITE TRAINING & CREATION OF POLICY MANUAL

We give on-site training to employees regarding I-9 completion, acceptable documents, mismatch letters, document abuse situations, and how to minimize potential discrimination and EEOC claims. We draft appropriate language and policies for inclusion in client HR manuals that include standardized intake procedures, retention policies, and tickler systems for re-verification and document retention.
Global Resources
We provide assistance regarding all client global immigration needs. This includes obtaining visas for U.S. workers being transferred abroad, as well as assisting in the transfer of key personnel from one country to another anywhere in the world. We work with clients to develop a specifically tailored strategy to ensure the success of each global transfer, proactively gathering and pre-processing application materials, overseeing the filing for host country approvals, coordinating consular processing of required visas, and providing a one-stop resource for the applicant and family throughout the process.

The firm’s immigration practice team leverages our extensive member network, World Services Group, comprising of global practitioners. This collaboration enables us to assist businesses in identifying which team members require visas and guide clients through the visa application process for destinations worldwide.

INTERNATIONAL BUSINESS SET UP AND GLOBAL MOBILITY

For businesses looking to expand services and individuals seeking a second passport, we leverage our extensive network of experts (including lawyers, tax, and investment banking experts) to help businesses with registration/formation formalities, requisite immigration visas, and tax planning for the following regions:
- Africa
- Central America
- Middle East
- Asia Pacific
- Europe
- North America
- Caribbean
- Latin America
- South America
Temporary Visitors & U.S. Consular Services
We assist with:
- Short term assignment planning and B-1 business visitor visa guidance
- Preparing visa application support letters, supporting document procurement, application filing, and visa pick-up where possible, if business visa or work permit

Why Buchalter

Significant Experience
With all immigration matters, it’s critical to identify the best visa path based upon the desired objectives, and thereafter to ensure the presentation of the required documentation associated with that path. Choosing the wrong visa path, failing to provide the required documentation, or failing to comply with other necessary requirements can lead to significant delays (especially in an overly burdened immigration system). With decades of cumulative experience, we’ve successfully helped clients navigate the intricacies of all aspects of immigration law matters.
Comprehensive Services
From business-related visa processes, to foreign investment considerations, to personal immigration concerns, our clients’ needs are fully covered. Whether it’s the impacts of business transitions like mergers and acquisitions or nuances of the immigration reform and control act, we’re here to guide you.
Client-Centric Approach
Your needs come first. We work diligently to secure the right documentation for you or your business, and to assist you throughout the immigration process.

Immigration

Andrea Bartoloni

Eileen K. DaPra

Kripa Upadhyay