When Should I Speak to an Immigration Lawyer?

If you’re an immigrant founder (or hoping to become one), it’s never too early to discuss your immigration options with an experienced immigration lawyer. The U.S. still doesn’t have a startup visa, so founders often have to work with visa categories that weren’t created with startups in mind.

Immigration options can be complex and not a “one size fits all.” Certain options in particular, like the O-1 Visa may require extensive preparation and planning. The more time you have, the better your chances of success.  

In some cases, even the way your U.S. company is set up can affect your immigration options. Ideally, you'd speak with an immigration attorney before incorporation, but if the company is already established, legal counsel can still be helpful.

How Do I Find One?

The great news is that immigration law is federal, which means lawyers licensed in one state can represent clients anywhere in the U.S. or abroad. So don’t worry too much about location. The McEntee Law Group team, for example, is based in Chicago, Memphis, San Diego, and San Francisco. We work with clients nationwide and from around the globe.  

Most lawyers who work in startup immigration have an online presence, so searching terms like “startup immigration lawyer” can be a good starting point. Once you find an attorney, it’s important to determine if they’re a good fit.  

Here are a few helpful questions to ask:

• Are you a member of the American Immigration Lawyers Association (AILA)? Most reputable immigration attorneys are.  

• Do you practice immigration law exclusively? Immigration isn’t something lawyers should "dabble” in. You want someone focused solely on this area.

• Do you work specifically with startup founders? Immigration law has many niches. Make sure they have direct experience with startup cases.

• Have you been involved in advocacy? Lawyers who care deeply about improving the system bring that same energy to their clients.

How Does Hiring an Immigration Lawyer Typically Work?

Every law firm works a little differently, but the process usually starts with an intro call or a full consultation.

At McEntee Law Group, we often begin with a brief complimentary conversation. But because startup immigration isn’t one-size-fits-all, we typically follow that with a 30- or 60-minute paid consultation where we can offer tailored advice.

Want a Deeper Look at the Options?

Our Founding Attorney has written an eBook for immigrant founders:  

U.S. Immigration Options for Startups

It walks through the main visa pathways and includes practical tips for planning ahead. If you’re building a company in the U.S., it’s a great place to start.

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