Business Immigration Attorney

Name: Capitol Law Partners
Address: 1200 G Street NW, Suite 800, Washington, DC, 20005, US
Telephone: +1-202-440-2272

Business immigration covers every lawful route a company or investor uses to bring talent and capital into the United States: work visas, treaty visas, employer-sponsored green cards and the compliance that holds them together. Capitol Law Partners advises startups, employers, multinational groups and investors on which category fits, in what order, and how to keep the record clean through to permanent residence. Family and humanitarian matters sit in our broader immigration law practice.

Our services in this area

Work visas for employees

H-1B visa: degreed professionals in specialty occupations, via the cap lottery or a cap-exempt employer.
L-1A visa: executives and managers transferring from a related foreign company, including to a new U.S. office.
L-1B visa: transferees with specialized knowledge of the company's products or processes.
TN visa: Canadian and Mexican citizens in USMCA-listed professions.
E-3 visa: Australian nationals in specialty occupations, with an LCA but no lottery.
H-1B1 visa: specialty occupation professionals from Chile and Singapore.
O-1A visa: extraordinary ability in science, business, education or athletics; no cap, no prevailing wage.

Investor and treaty routes

E-2 visa: treaty investors who develop and direct a U.S. business funded with a substantial, at-risk investment.
E-1 visa: treaty traders carrying on substantial trade principally between the U.S. and the treaty country.
EB-5 green card: permanent residence through an investment that creates full-time U.S. jobs.
EB-1C green card: multinational executives and managers moving permanently to a related U.S. company.

Our investor and treaty visas overview compares these routes.

Employer-sponsored green cards and other workers

PERM and employer sponsorship: labor certification, the I-140 and adjustment of status for employees you want to keep.
EB-3 green card: skilled workers, professionals and other workers sponsored through PERM.
H-2A visa: temporary or seasonal agricultural workers.
H-2B visa: seasonal, peak-load or one-time non-agricultural workers.
R-1 visa: ministers and religious workers at non-profit religious organizations.
P-1 visa: internationally recognized athletes and entertainment groups.
H-3 visa: trainees in structured programs not available in their home country.

Routes for researchers, artists and top performers are covered in our talent and extraordinary ability overview.

A guide for employers

Hiring a foreign professional for the first time

Start with the candidate's status and the job. A graduate on F-1 OPT, a transfer from a foreign office and a Canadian engineer each point to a different category with different costs, timing and attestations. We recommend a primary route and a fallback before filing.

Cap season planning

Cap-subject H-1B registrations are submitted in March for an October start, so candidates must be identified early and bridged if not selected. We prepare alternatives such as O-1A, TN or L-1 so a lottery result does not stop a hire.

Transfers and extensions

A new employer, a new metropolitan area, materially different duties or an extension each requires a filing. We track the dates and changes so no one works outside an approved petition.

Compliance: LCA public access files and Form I-9

H-1B and E-3 employers must keep a public access file for every Labor Condition Application, with the certified LCA, the wage rate and its basis, the posting notices and a benefits summary, retained after the LCA ends. Every employer must also complete Form I-9 for each new hire within three business days of the start date and reverify expiring work authorization. We set up and audit both.

When an employee leaves

A bona fide termination of an H-1B worker requires written notice to the worker, notice to USCIS to withdraw the petition, and an offer to pay reasonable return transportation; until then, the LCA wage obligation can continue. The worker generally has up to 60 days to find a new sponsor, change status or depart.

A guide for founders and investors

The visa follows the stage of the business. A treaty-country founder funding a new U.S. company usually begins with the E-2, which has no fixed minimum investment and is renewable while the business qualifies. An established foreign company opening a U.S. subsidiary transfers its leadership on the L-1A. A founder with a strong record may qualify for the O-1A or an EB-2 National Interest Waiver. Investors seeking permanent residence directly consider the EB-5; executives who have run the U.S. company for a year move to the EB-1C. Our business and corporate law team handles the entity, operating agreements and contracts behind the visa.

Turkish companies and investors

Turkey maintains a treaty of commerce and navigation with the United States, so Turkish nationals qualify for the E-2 and E-1 visas, and Turkish companies opening U.S. offices use the L-1A and later the EB-1C. Our Istanbul office works with founders on business plans, source-of-funds documentation and interview preparation; our U.S. offices handle formation and USCIS filings.

2025 fee and policy changes

New fees, entry restrictions and selection rules affecting several employment categories were announced in 2025, and their scope remains subject to agency guidance and litigation. We confirm the rules that apply to your filing at consultation.

Process overview and what to bring

Strategy consultation. We review the company, the role or investment and the person's status, then recommend a route, timeline and alternatives.
Document collection. Employers bring the job description, organizational chart, formation documents, financials and the candidate's credentials and immigration history; investors bring proof of nationality, ownership documents, bank records tracing the funds and a business plan.
Government filings. Department of Labor steps where required, then the petition with USCIS or the application at a consulate.
Decision and follow-up. RFE responses, interview preparation, compliance files and a calendar for what comes next.

Why Capitol Law Partners

We practice immigration and business law under one roof, so the entity, contracts and visa are planned together. Cagatay Ersoy, founder and managing partner of Capitol Law Partners, is a graduate of Columbia Law School and advises startups and employers on workforce immigration, including H-1B, L-1, E-2 and EB-2 NIW matters, alongside business and trademark law. Our attorneys and staff work in English, Turkish, Spanish, Portuguese and French. We serve clients from our offices in Washington, DC, Northern Virginia, New York and Minneapolis.

Learn more about business immigration

Start planning your workforce or investment

Send us the job description and resume, or a summary of the business you plan to build, and we will tell you which route fits. Schedule a consultation or call +1 (202) 440-2272.

Frequently Asked Questions

Which work visa should a startup use for its first foreign hire?

It depends on the candidate. A degreed professional usually points to the H-1B, but the lottery makes timing uncertain, so we also test the O-1A for candidates with a strong record, the TN for Canadians and Mexicans, the E-3 for Australians, the H-1B1 for Chileans and Singaporeans, and the L-1 when the person already works for a related company abroad. We map the primary route and a fallback before the offer letter goes out.

What happens if our H-1B registration is not selected?

The company cannot file a cap-subject petition for that fiscal year, but the hire is not necessarily lost. The worker may remain on F-1 OPT or STEM OPT, move to a cap-exempt employer, qualify for O-1A, TN, E-3, H-1B1 or L-1 status, or begin a green card process directly. Planning these alternatives before registration keeps the business plan intact whatever the lottery result.

What must an employer keep in an LCA public access file?

For every certified Labor Condition Application, the employer keeps the LCA itself, documentation of the wage rate and the prevailing wage source, the actual wage memorandum, the posting notices, a summary of benefits offered to workers, and corporate change documents where relevant. The file must be available for public inspection within one working day of filing and retained after the LCA period ends. We build and audit these files for employers.

Which visa fits a founder who wants to start a company in the United States?

For a national of a treaty country, the E-2 is usually the first choice: it has no fixed minimum investment, no quota and no lottery, and it can be renewed while the business qualifies. Founders from non-treaty countries look at the L-1A if they run a company abroad, the O-1A if they have a record of achievement, or an EB-2 National Interest Waiver self-petition when the venture has national importance.

Can a Turkish company transfer its managers to a U.S. office?

Yes. A Turkish company that forms a U.S. subsidiary or affiliate can transfer executives and managers on the L-1A, including through a new-office petition when the U.S. entity has operated for less than a year. Turkish nationals also qualify for the E-2 and E-1 treaty visas. After the U.S. company has operated for a year, the EB-1C green card becomes available for qualifying managers.

How does an employee move from a work visa to a green card?

Most employer-sponsored cases run through PERM labor certification and an I-140 petition in the EB-2 or EB-3 category, followed by adjustment of status when the priority date is current. Executives transferred on the L-1A may qualify for the EB-1C without labor certification, and employees with a record of achievement or nationally important work may self-petition through the EB-1A or EB-2 NIW. H-1B and L-1 are dual-intent categories, so a pending green card does not jeopardize the visa.

What are an employer's obligations when a sponsored employee leaves?

For an H-1B worker, the employer should give written notice of termination, notify USCIS so the petition is withdrawn, and offer to pay the reasonable cost of return transportation. Until the termination is bona fide, the LCA wage obligation can continue. Form I-9 records must be retained for the required period after separation, and the public access file must be kept for the retention period. The worker generally has up to 60 days to find a new sponsor or change status.

Did the 2025 fee and policy changes affect business immigration?

Yes. New fees, entry restrictions and selection rules affecting the H-1B and other employment categories were announced in 2025, and their scope, exemptions and implementation have been addressed in agency guidance and challenged in court. Because the details continue to change, we confirm the rules and costs that apply to your specific filing at consultation rather than rely on general summaries.

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Business Immigration Attorney: Employer and Investor Overview