Bringing a key employee to the United States, opening a U.S. office, or investing in a business here all start with choosing the right visa. Onal Gallant’s business immigration lawyers help employers, investors, and professionals pick that path and build petitions that hold up under review by U.S. Citizenship and Immigration Services (USCIS).
Immigration law is federal, so we work with companies and individuals across the United States and abroad.
Business immigration is the part of U.S. immigration law that ties legal status to work or investment. It includes temporary visas that let a company hire or transfer employees, visas for treaty traders and investors who run a U.S. business, and green cards based on a job offer, a qualifying investment, or a person's own record of achievement.
See All Options
Non-Immigrant Visas
Temporary visa options for working, studying, investing, or participating in programs in the U.S.
Investor Visas
Visa pathways for entrepreneurs and investors seeking to start or manage a business in the U.S. (E-1, E-2, L-1).
Employment Visas
Work visas for professionals, temporary workers, and company transferees (H-1B, L-1, H-2B, etc.).
Talent Visas
Special visas for individuals with extraordinary ability in arts, sports, entertainment, or media.
Student & Internship Visas
Academic and vocational visa options for international students (F-1, M-1, J-1).
See All Options
Green Cards
Legal permanent residency options through work, investment, talent.
Employment Based Green Cards
Green card options based on job offer or employer sponsorship (EB-3, PERM, I-140).
Investment Based Green Cards
Permanent residency through qualifying investment under the EB-5 Immigrant Investor Program.
Talent Based Green Cards
Green card eligibility based on extraordinary ability or contributions of national interest (EB-1, EB-2 NIW).
Who Do Our Business Immigration Lawyers Represent?
The right visa or green card depends mostly on who is sponsoring the case and on your background. Nationality matters too: E-1 and E-2 visas are available only to nationals of treaty countries.
U.S. employers hiring or transferring foreign nationals
Foreign companies opening a U.S. office or subsidiary
Investors and entrepreneurs starting or buying a U.S. business
Researchers, engineers, founders, and other professionals who qualify for a green card on their own record
Artists, athletes, and performers coming to work in the United States
Why Do I Need a Business Immigration Lawyer?
A business immigration lawyer helps you choose the right category and present the business facts the way USCIS reviews them. Many delays and denials start with unclear or inconsistent evidence, not with a weak business.
The company letter, the job description, the ownership records, and the financial documents all have to tell the same story. When they do not, USCIS asks for more proof or denies the case.
Our business immigration lawyers can help with:
Comparing visa and green card options for your goals and timeline
Documenting the company relationship, the investment, or the job offer
Preparing Form I-129, Form I-140, or a consular visa application with consistent details
Answering a Request for Evidence (RFE), which is a USCIS request for more proof before a decision
Planning extensions, status for your spouse and children, and the move to a green card
What Causes Delays and Denials in Business Immigration Cases?
Most problems come from proof that does not match the legal standard. USCIS reviews the whole record, and a gap in one document can hold up the entire case.
Common risk points include:
A job description too general to show a specialty occupation or specialized knowledge
Missing records of the ownership link between the foreign company and the U.S. company
An E-2 business that looks too small to do more than support the investor’s family
Investment funds that cannot be traced to a lawful source
Recruitment or wage errors during PERM labor certification
A job or employer change made at the wrong point in a green card case
Premium processing can shorten the USCIS decision time for eligible filings, but it does not make a weak petition stronger. We look for these gaps before anything is filed.
How Does the Business Immigration Process Work?
Most cases, from an E-2 visa to an employer-sponsored green card, move through four stages.
01
Consultation and strategy
We start with what you want to achieve and the business or employer behind the case, then recommend a category. If two options would work, we compare them on timing before you decide.
02
Petition and filing
We build the evidence file and draft the petition and support letters. Filing goes to USCIS, the Department of Labor, or a U.S. consulate, depending on the category. If premium processing is available, we tell you whether it makes sense for your timeline.
03
RFEs and interviews
If USCIS sends a Request for Evidence (RFE), we answer every point in it. For visas issued abroad, we prepare you for the consular interview.
04
Approval and next steps
After approval, we keep track of expiration dates and file extensions and changes of status on time, including for your spouse and children. If a green card is the next goal, we plan when to start.
Selected Business Immigration Approvals
Approved EB-1A, EB-2 NIW, E-2, and O-1A cases from our business immigration practice.
EB-1A Approved
Computer Scientist
He develops machine learning algorithms that reconstruct human motion from images and video. His research contributes to human-computer interaction, augmented and virtual reality, robotics, and biomechanics, and the petition documented its significance for intelligent systems.
EB-1A Approved
Electrical Engineer
The antennas this engineer designs serve communication systems, radar, security imaging, and medical diagnostics, including breast and brain imaging systems that support earlier detection. The petition showed original contributions of major significance to the field.
EB-1A Approved
Business Leader
This entrepreneur runs companies in construction, healthcare, technology, and finance across several international markets. The petition documented sustained recognition and leadership in more than one industry. EB-1A is not limited to scientists and researchers.
EB-1A Approved
Educational Technology Scholar
Her research covers educational technology, learning analytics, educational data science, and computer science education. The record included influential publications, editorial roles, curriculum development, and contributions to digital education at the national and international level.
EB-2 NIW Approved
Electrical Engineer
The work centers on high-efficiency energy systems for industrial facilities. The petition documented measurable cost savings and environmental benefits in critical sectors and showed that the work has substantial merit and national importance.
EB-2 NIW Approved
Computer Engineer
The client builds software for public services, including health informatics and social welfare platforms. The petition explained how the work makes government systems more efficient, secure, and accessible, and why it matters to public infrastructure in the United States.
EB-2 NIW Approved
Ship Master
He holds a ship master’s license and has experience in vessel navigation, maritime safety, environmental compliance, and leadership in international shipping. The petition tied his work to U.S. interests in maritime security, workforce development, and sustainable shipping.
EB-2 NIW Approved
Software Engineer
This engineer builds secure, scalable cloud infrastructure for intelligent mobility systems, financial technology platforms, and public-sector services. The petition connected his work in cloud computing and distributed systems to infrastructure resilience, transportation safety, and financial innovation.
E-2 Approved
Trucking and Auto-Hauling Company
An investor from Türkiye built a trucking company that hauls freight and vehicles across several U.S. regions with company-owned trucks. The record showed a substantial, at-risk investment and the investor’s active role in daily operations and fleet growth.
E-2 Approved
Handyman and Home Improvement Franchise
The investor bought into a nationally recognized handyman franchise and formed a company offering residential repair, maintenance, and remodeling. The investment of about $136,000 covered the franchise, equipment, marketing, office lease, and startup costs, and documented expenses showed the business was already operating.
E-2 Approved
Freight Brokerage Company
The client’s freight brokerage arranges full truckload, less-than-truckload, refrigerated, and expedited shipments across the U.S. It is independently owned and runs under a franchise framework, and the investment covered franchise fees, office lease, equipment, and startup costs.
E-2 Approved
Car Rental and Fleet Company
This company rents hybrid and fuel-efficient vehicles through peer-to-peer platforms and to corporate customers. The investment covered vehicles, commercial insurance, office lease, payroll, and professional services, and the first vehicles were in service with staff in place.
E-2 Approved
Specialty Coffee Roaster
An investor with long experience in specialty coffee opened a U.S. company that roasts, packages, and sells coffee directly to consumers. The record showed an operating business that the investor develops and directs.
From a commercial office with fleet parking, the company rents vehicles short- and long-term to individuals and businesses. It was already earning revenue through online platforms and direct bookings when the change of status to E-2 was approved.
E-2 Approved
Residential and Commercial Cleaning Company
Services include deep cleaning, move-in and move-out cleaning, post-renovation cleaning, short-term rental turnovers, and office janitorial work. The investment covered vehicles, equipment, lease, payroll, insurance, and branding, and the change of status to E-2 was approved.
E-2 Approved
Retail Liquidation Company
This retailer buys branded consumer goods through liquidation and wholesale channels and resells them in store and online. Soon after formation, the business had inventory turnover, customer sales, U.S. employees, and a five-year growth plan.
E-2 Approved
Mobile Food and Catering Business
The business serves Mediterranean-inspired and American dishes from a fast-casual food trailer, on site, at community events, and through catering. The record showed a substantial, at-risk investment and the investor’s active role in daily operations.
E-2 Approved
Used Car Dealership
The dealership sells pre-owned vehicles from an established physical location. The record showed ongoing sales and that the investor will develop and direct the business.
E-2 Approved
E-Commerce Apparel Store
Ethnic and cultural apparel is sold through the store’s own website and online marketplaces, and the business handles its own inventory, marketing, and order fulfillment. The record showed a qualifying investment in an operating company.
E-2 Approved
Executive Manager, Automotive Services
This was an E-2 employee case: an executive approved to run the automotive services division of a company that also has a home furnishings line. The role covers daily operations, staff, vendor and customer relations, and the division’s financial results.
O-1A Approved
SAP Business Analyst and Solution Architect
The O-1A petition was for a senior business analyst and SAP solution architect who has spent more than 12 years designing and implementing SAP Sales and Distribution (SD) systems for global companies.
Prior results do not guarantee a similar outcome. Results may vary depending on your particular facts and legal circumstances.
Why Choose Onal Gallant as Your Business Immigration Lawyers?
Immigration and business law under one roof
Because we also handle corporate law and intellectual property, we review the business behind an E-2, L-1, or EB-5 case: formation documents, operating agreements, franchise and purchase agreements, and business plans.
More than 20 years and 20,000+ clients
Onal Gallant has served more than 20,000 clients over more than 20 years, supported by 65+ legal professionals.
Federal court if a case stalls
Our team includes a former federal prosecutor who represented USCIS and the Department of Homeland Security in federal court. If USCIS leaves a case pending too long or denies it on a legal error, we can take it to federal court.
Planning beyond one petition
We look at the filing in front of us and the step after it, whether that is an extension, a new employer, or a green card for you and your family.
Ask Onal Gallant About Your Business Immigration Options
Which visa fits a foreign company opening its first U.S. office?
It depends on who owns the company and who will run the office. A foreign company can transfer an executive or manager on an L-1A to open a new office, with a first approval of up to one year, and nationals of treaty countries may qualify for an E-2. We compare both before you sign a lease or make a hire.
Can I change employers while my green card case is pending?
Sometimes, but timing matters. Once your green card application (Form I-485) has been pending for 180 days, a rule called job portability may let you move to a same or similar job, as long as the I-140 petition was approved or approvable. Talk with us before you accept a new offer.
Do I need to live near one of your offices to work with Onal Gallant?
No. USCIS decides petitions under the same federal rules wherever you live. We represent clients across the United States, and many start their case from abroad and finish it at a U.S. consulate.
FAQs Answered by Our Business Immigration Lawyers
Answers to the questions employers and investors ask most before a case begins.
What is the difference between a work visa and an employment-based green card?
A work visa, such as an H-1B or L-1, lets you work in the United States for a set period, usually for one employer. An employment-based green card makes you a permanent resident, so you can live and work anywhere in the country and later apply for citizenship. Many people start on a work visa and later get a green card through the same employer.
Can I get a U.S. visa by starting or buying a business?
Yes. Nationals of treaty countries can qualify for an E-2 visa by making a substantial investment in a U.S. business that they will develop and direct. If a company abroad has employed you as a manager or executive for one continuous year in the past three years, the L-1A lets it send you to open or run its U.S. office. For a green card, the EB-5 program requires a larger investment that creates at least 10 full-time jobs.
Is there a minimum investment for the E-2 visa?
No. The law does not set a dollar amount. The investment must be substantial in relation to the total cost of the business, and the money must be committed and at risk. The business must be a real, operating enterprise that does more than provide a living for you and your family.
Which countries qualify for E-1 and E-2 visas?
Only countries that have a qualifying treaty with the United States. The U.S. Department of State keeps the current list. Türkiye qualifies for both. The list also includes many European, Latin American, and Asian countries.
Can my spouse work on an E-2 visa?
Yes. E-2 spouses are authorized to work based on their status, and the I-94 record shows E-2S as proof. A separate work permit is not required. Children can live and study in the U.S. but cannot work on E-2 dependent status.
How long can I stay in the U.S. on an E-2 visa?
Each entry gives you up to two years of stay. Extensions are available in two-year periods with no overall limit, as long as the business keeps operating and qualifying. The visa stamp in your passport may be valid for a different length of time, which depends on your country.
Can I apply for a green card without an employer sponsor?
Yes. EB-1A (extraordinary ability) and the EB-2 National Interest Waiver let you file your own petition, with no job offer or PERM labor certification. EB-5 investors also file on their own.
How long does the business immigration process take?
It depends on the category, the agency, and your country of birth. With premium processing, USCIS acts on most work visa petitions within 15 business days. Employment-based green cards take longer: most require PERM labor certification first, and applicants born in some countries wait years for a visa number. We give you an estimate for your case at the consultation.
What can I do if USCIS delays or denies my case?
If a petition has been pending far longer than normal processing times, a mandamus lawsuit asks a federal court to order USCIS to decide it. A denial based on a legal error can sometimes be challenged in federal court under the Administrative Procedure Act. Our federal immigration litigation practice handles both.
Have a question about your case?
Tell us about your plans and we will explain which options fit.
Talk With Our Business Immigration Lawyers Before You File
A petition is easier to get right before it is filed than to fix after an RFE. Tell us about the business, your role, and your timeline, and we will explain which options fit.