U.S. Immigration and Business Lawyers for Technology Businesses
Executive Summary
Immigration Solutions for Software, SaaS and IT Services Firms
Technology companies move fast. Hiring critical engineers, relocating founders, opening US offices, and scaling global teams cannot wait for uncertain immigration strategy. Our firm advises software companies, SaaS platforms, IT consultancies, cybersecurity firms, AI businesses, and infrastructure providers on practical, business driven US immigration solutions.
Which U.S. Laws and Regulations impact Technology Firms?
Our guidance is grounded in the governing framework used by adjudicators and consular officers, including DHS regulations for nonimmigrant classifications in 8 CFR Part 214, statutory definitions in the Immigration and Nationality Act (codified in Title 8 of the U.S. Code), USCIS adjudications policy in the USCIS Policy Manual (including specialty occupation guidance for H-1B and E-3), and Department of State consular guidance in the Foreign Affairs Manual, including treaty trader and treaty investor (E) visa standards.
H1B, L1, O1 and E2 Visa Strategies for Technology Employers
We focus on the visa pathways most relevant to technology companies, with petition strategies designed to reflect how technology teams actually deliver work and how companies actually operate under US immigration rules in 8 CFR Part 214 and the statutory framework in Title 8 .US Immigration Planning for Startups and Growing Tech Companies
Early stage companies often need an immigration approach that is clear, well documented, and aligned with adjudicator expectations. Where H-1B specialty occupation analysis is relevant, we build filings with the same concepts USCIS outlines in its Policy Manual for specialty occupation workers .
Cross Border Technology Immigration: United States, Italy and the United Kingdom
While this page focuses on US immigration strategy, our team also coordinates cross border planning for technology companies expanding into or relocating talent to Italy and the United Kingdom. For treaty based routes such as E visas that involve consular processing, we align evidence and presentation with Department of State consular standards described in 9 FAM 402.9 .
New in 2025: $100,000 H-1B Fee and Its Impact on Technology Employers
In September 2025, the U.S. government introduced a new $100,000 fee on certain H-1B visa petitions as part of a presidential proclamation on nonimmigrant worker entry requirements. Under this policy, employers must pay a one-time $100,000 fee for new H-1B petitions filed on or after September 21, 2025 for beneficiaries abroad or those requiring consular notification before admission to the United States. Petitions filed before that date, and currently valid H-1B visas, are not subject to this fee. This fee represents one of the most significant cost shifts in the H-1B program in decades and has immediate implications for U.S. technology companies that rely on global talent. Traditionally, H-1B sponsorship has been a cost-effective way for tech employers to hire specialized professionals such as software engineers, AI researchers, cloud architects, and cybersecurity experts. The addition of a six-figure fee increases the overall cost per hire dramatically, particularly for startups, mid-sized firms, and IT consultancies with lean hiring budgets.
Key business impacts for tech employers
- Budget and hiring strategy: The fee may force technology employers to reassess workforce planning and hiring budgets, as each new H-1B worker’s sponsorship now involves a substantial financial commitment.
- Innovation competitiveness: Some companies may delay or reduce reliance on H-1B sponsorship for new international hires, potentially slowing innovation and product development that depends on specialized foreign talent.
- Alternative visa planning: Advising clients to consider other immigration pathways such as L1 intracompany transfers, O1 extraordinary ability classifications, or employment-based green cards earlier in the planning cycle may mitigate the impact of this cost shift.
- National Interest Exceptions and litigation: Limited national interest exemptions may be available, and legal challenges to the fee’s implementation are anticipated, creating ongoing uncertainty for employers.
Existing H-1B holders and their employers should note that this fee does not affect renewals of visa status already issued or petitions filed before the effective date, and current visa holders generally retain their travel and work rights. This new fee illustrates a broader trend in U.S. immigration policy where cost and enforcement measures are reshaping how technology companies plan for global talent acquisition. An immigration strategy aligned with business goals—incorporating forecasted hiring needs, alternative visas, and compliance-forward timing—has never been more important.
India Technology Group
Our India Technology Group is dedicated to supporting founders, high growth startups, and established technology companies expanding from India into the United States. With deep experience in cross border structuring, immigration strategy, and U.S. market entry, our team understands the specific challenges faced by Indian technology entrepreneurs, including scaling internationally, securing U.S. visas, attracting investment, and protecting intellectual property.
U.S. Expansion Strategy for Indian Tech Companies
We advise Indian founders on the most effective legal and immigration pathways to establish and grow in the United States. Whether you are launching a U.S. subsidiary, opening a new office, or relocating key executives, we align your corporate structure with your immigration goals.
Founder and Executive Visas
Our lawyers regularly assist with L1 intracompany transferee visas, E2 investor visas, O1 extraordinary ability visas, and other options suited to technology leaders and innovators. We assess eligibility carefully and design a petition strategy that reflects the strength of your company and your personal achievements.
Startup Structuring and Investment Readiness
Entering the U.S. market requires more than incorporation. We support entity formation, governance structuring, shareholder agreements, and compliance frameworks that are attractive to investors and compatible with immigration requirements.
IP Awareness and Commercial Protection
Technology businesses rely on intellectual property and strong contractual foundations. We coordinate corporate and commercial legal support to ensure your U.S. operations are protected from the outset.
Long Term Growth and Compliance
Our relationship does not end at visa approval or company formation. We provide ongoing guidance on renewals, extensions, scaling operations, and maintaining corporate and immigration compliance as your U.S. presence expands.
By combining immigration and business law expertise under one coordinated team, our India Technology Group provides Indian technology companies with a clear, structured pathway to enter, operate, and succeed in the United States.
Our IT team has in-depth industry experience, and strives to learn the intricacies of your operations. United States has the most advanced software and information technology services industry in the world. There are hundreds and thousands of IT companies in the country. We are aware of the needs of running such a company and the types of help that is required from the different workers such as software developers, network engineers, network administrators, computer scientists, systems analysts, business analysts, tech supports, IT consultants, and software testers. At Davies & Associates we are committed equally to learning about your operations as well as supporting your overseas expansion initiatives.
About the Authors
Mark I Davies, Esq.
Chairman of Davies & Associates; focused on E visa strategy and complex consular filings.
Mark I Davies, Esq. JD, University of Pennsylvania Law School, Licensed with the SRA (SRA ID: 384468) in the UK, Member Law Society of England & Wales, MBA, Wharton School of Business. Top 10 Investment Visa Lawyer, Licensed (USA), Georgia State Bar. AILA Member.
| Area | Details |
|---|---|
| Education | JD, University of Pennsylvania Carey Law School | MBA (Finance), The Wharton School, University of Pennsylvania | Chartered Accountant (ICAEW) |
| Financial Training | Completed Analyst Training Program at a major international bank | Chartered Accountant background with professional training in financial analysis and reporting |
| Legal Practice | Admitted to practice in Georgia (USA) | Registered Solicitor with the Law Society of England & Wales | Former CMBS lawyer at one of the world’s largest international law firms |
| Immigration Track Record | 15+ years advising HNW investors | Zero denials for clients advised on source-of-funds compliance in EB-5 | Hundreds of successful EB-5 cases globally |
| Recognition | Named a Top 25 EB-5 Immigration Attorney by EB5 Investors Magazine (2018–2023) |
| Professional Engagements | Lecturer/trainer for other lawyers at AILA, ACA, University of Pennsylvania Law School | Frequent speaker at global investment immigration conferences |
