Business Immigration

Empowering Businesses, Investors, Innovators, and Talent

Madan & Saigal, LLC’s business immigration practice offers comprehensive temporary and permanent immigration solutions, along with ancillary services, to individuals who contribute to the U.S.’s interests. 

Our clients include job creators, innovators, financiers, professionals, and those with exceptional skills and abilities. The M&S business immigration team, composed of internal and external attorneys and experts, serves a wide range of clients, including investors, entrepreneurs, businesses, business personnel, employers, domestic and multinational employees, scientists, athletes, artists, actors, entertainers, and others with extraordinary abilities. Additionally, M&S provides international services for U.S. residents and clients seeking entry to foreign countries as business visitors, employees, expatriates, or in other capacities. 

M&S develops comprehensive immigration strategies for businesses, professionals, employers, employees, investors, individuals, intracompany transferees, multinational managers, artists, entertainers, athletes, and other aspiring U.S. immigrants. Whether you need enterprise-wide or individual solutions for work, study, training, employment or personnel transfers, extraordinary abilities, investment, business operations, or any other temporary or permanent purpose, you can rely on M&S to deliver customized strategies.
M&S leverages a wide range of nonimmigrant classifications for temporary U.S. stays, including B-1/B-2 (Business/Visitor), H-1B (Specialty Occupation), E-3 (Specialty Occupation for Australian Citizens), L-1 (Intracompany Transferee), T.N. (Trade/NAFTA), O-1 (Extraordinary Ability), F-1 (Student), J-1 (Exchange Visitor), E-1 (Treaty Trader), and E-2 (Treaty Investor). We also utilize various immigrant classifications for permanent U.S. residence, such as EB-1 (Extraordinary Ability/Outstanding Professor or Researcher/Multinational Manager), EB-2 (Advanced Degree/Exceptional Ability/National Interest Waiver), EB-3 (Professionals with a Baccalaureate Degree/Skilled and Unskilled Workers), EB-4 (Special Immigrants, including Broadcasters, Religious Workers, and Employees of International Organizations), and EB-5 (Investor Visa for Direct Investment or Regional Center Investment). Given the stringent criteria for many of these classifications, M&S dedicates significant time to aligning strategies with client goals and meticulously building an evidentiary record that presents the strongest possible case.
There are various pathways to obtaining U.S. citizenship, and our immigration lawyers are here to guide you through every step of the process. We are experts in all aspects of naturalization and citizenship, including literacy, civics, the oath, dual citizenship, the USCIS Naturalization Interview and Test, and other legal requirements. No matter your unique situation, we provide comprehensive support from start to finish.

If consulates, embassies, and other diplomatic posts are part of your immigration process, our legal team is here to help. Whether you seek temporary or permanent immigration, we offer flexible, personalized services to meet your specific requirements. M&S can assist in determining applicable travel restrictions, analyzing, reviewing, and processing of visa applications, as well as in assessing ease of processing, appointment times, lines of potential questioning, document management, and other aspects.

M&S provides compliance and enforcement solutions to companies of all sizes. Regulations in this area are constantly changing, multiple federal agencies have jurisdiction, and the frequency of enforcement action is exceptionally high. Therefore, employers and employees must be adequately apprised of applicable rules and understand how to comply with them.  

M&S’s capabilities include handling ICE (Immigration and Customs Enforcement) I-9 audits and investigations, E-Verify monitoring and review, as well as DOL (Department of Labor), USCIS (U.S. Citizenship and Immigration Service), and FDNS (Fraud Detection and National Security) site visits, audits, and investigations. M&S also handles government debarment actions, DOJ (Department of Justice) IER (Immigrant and Employee Right) discrimination investigations, and a host of other issues in this space.

Under U.S. law, organizations can become specific sponsors under various government programs that support volume-based commercial activity or other public and private sector objectives. These include the EB-5 regional center (periodically subject to extension by the Congress), J-1 visa program sponsor, and L-1 Blanket Petitions. M&S assist in the process of becoming an approved sponsor or amending existing sponsorship.

M&S assists U.S.-based clients who need to travel or work abroad. We develop strategies for obtaining foreign work permits and visas for individuals, including short and long-term expatriates, corporate employees, and others. After understanding your specific needs, we will craft a personalized strategy to help you achieve your goals.

If you’re not receiving the benefits you’re entitled to, or if challenging a policy or law becomes necessary, the court may be your best option. We collaborate with highly skilled immigration litigators to contest agency decisions, eliminate delays, and safeguard your investment. We will relentlessly fight for your rights and ensure they are fully protected.
Harnessing the power of technology can greatly simplify and streamline the immigration process, ensuring both efficiency and compliance. With our legal team by your side, you’ll be fully equipped to leverage cutting-edge tools, including an AI-based immigration software we helped develop, which automates and optimizes the entire process. Our expertise will guide you in selecting and implementing the right solutions to manage your immigration programs with ease and precision
Given the complexity and constant changes in the immigration landscape, it’s essential to train your internal stakeholders on various concepts, requirements, and processes. That’s why we offer personalized immigration training designed to set your organization up for success today, tomorrow, and in the years ahead. We are equipped to train your personnel, allowing you to focus on other critical tasks.
Immigration regulations are constantly changing. To keep you informed, our immigration attorneys regularly monitor and counsel clients on new and impending legislative and regulatory developments. We are here to provide you with the latest immigration information when you need it and to help facilitate policies that advance the national interest.
Obligations and Portability of Immigration Benefits During Corporate Restructuring (Mergers, Acquisitions, and the Like)
 
During mergers, acquisitions, or other corporate restructurings, understanding immigration compliance and the portability of benefits is crucial. Our immigration attorneys are here to address common concerns that arise during the due diligence process, particularly those related to specific immigrant and nonimmigrant classifications, such as H-1B, L-1, and E-2 visas, as well as permanent resident applications and I-9 Verification.
When a company undergoes restructuring, the immigration statuses of foreign national employees may be affected. It is essential to assess whether the new entity will continue to meet sponsorship obligations and if any amendments or new filings with U.S. Citizenship and Immigration Services (USCIS) will be necessary.
 
Please note that the following information pertains only to certain classifications: 
 
H-1B and TN Visas:
 
In successor-in-interest scenarios, employees under H-1B or TN status generally do not require new filings. However, material changes in employment (e.g., location, position, salary) or non-compliance with the employee’s public access file may necessitate an amendment.
 
L-1 Visas:

For L-1 visas to survive restructuring, a qualifying relationship between the new entity and the employee’s original foreign employer must be maintained. The successor entity must also continue to be multinational with a legal presence in the U.S. and abroad.
 
E-1/E-2 Treaty Traders and Investors:
 
E-1 and E-2 visa holders must maintain the nationality of their firm in successor-in-interest scenarios. Any material changes beyond what is permitted under E-2 provisions may require a different immigration status.
 
O-1 Visas:
 
Those on O-1 visas, based on extraordinary ability, generally remain unaffected in successor-in-interest scenarios. However, material changes in employment could require a new petition or amendment.
 
Green Card Holders/Applications:
 
Approved green card holders are typically unaffected by restructuring. However, green card applications may be impacted depending on their stage and whether a successor-in-interest scenario exists. For instance, if a PERM labor certification is already certified, the successor employer must demonstrate that the job opportunity remains the same. If an I-140 petition is pending or approved without a filed I-485, an amended I-140 may be necessary.
 
I-9 Verification:
 
Post-restructuring, the new entity must review and maintain accurate Form I-9 records for all employees. Failure to do so can result in significant fines.
 
For detailed guidance on immigration obligations and the portability of immigration statuses during corporate restructuring, please refer to our FAQs or contact our immigration team directly.