Manhattan Immigration Attorney: Business Visa Specialists

Manhattan Immigration Attorney: Business Visa Specialists

Thanks for visiting Spodek Law Group. We’re a second-generation immigration law firm managed by Todd Spodek – with over 40 years of combined experience handling business visa cases. You might know us from the Anna Delvey case that became a Netflix series, or our representation in the Ghislaine Maxwell juror matter. You’re looking at business visa options because the H-1B just became unaffordable – or you need an alternative that doesn’t involve a lottery. This article covers what happened to H-1B visas in September 2025, and the three main alternatives employers are using now: E-2 investor visas, L-1 transfers, and O-1 extraordinary ability visas.

The $100,000 H-1B Fee Killed That Option For Most Employers

September 21, 2025. President Trump’s $100,000 H-1B fee took effect, and employers who used to pay $2,000 to $5,000 per petition now pay over $102,000 when you add standard filing fees.

The fee only applies to new petitions filed after September 21. Renewals and extensions don’t require it – so if you already have an H-1B, you’re fine. But if you’re seeking your first H-1B, or your employer is filing a new petition for you – they’re paying six figures.

Small companies can’t afford that. Startups that used to sponsor H-1B workers stopped. Even large tech companies – Amazon, Microsoft, Google – are reconsidering whether H-1B sponsorship makes financial sense when alternatives exist that cost a fraction of the price.

Employers and foreign nationals are scrambling for alternatives. Three visa categories are getting the most attention.

E-2 Investor Visas: Real Money, Real Business

The E-2 requires you’re from a treaty country – over 80 countries qualify including most of Europe, Japan, South Korea, but not China or India. You invest substantial capital in a U.S. business, typically $75,000 minimum though some consulates want $100,000 or more, and you control at least 50% of the business.

Investment Requirements

The investment has to be “at risk.” You actually put money into the business, not just loaned it or kept it in a bank account. USCIS wants to see you purchased equipment, signed a lease, hired employees, bought inventory. Wiring $100,000 to a U.S. bank and calling it an investment won’t work.

Your business has to be operational, not speculative. Buying undeveloped land hoping it appreciates? Not an E-2 qualifying investment. Opening a restaurant, retail store, consulting firm, franchise? Those work if they’re actively operating and generating revenue or positioned to generate revenue soon.

E-2 Duration and Renewals

E-2 visas are initially valid for five years, though you get two years of status at each entry, and you can renew indefinitely as long as the business continues operating. No annual cap, no lottery, file anytime during the year. Processing fee is $315 in 2025 – dramatically cheaper than H-1B.

The Green Card Issue

The downside? E-2 is not a path to a green card. It’s a temporary visa that you keep renewing. If you want permanent residence – you need a different strategy, like EB-5 investor green cards which require $800,000 to $1.05 million investment, or transition to an employment-based green card category.

L-1 Visas For Multinational Company Transfers

Multinational companies use L-1 visas to transfer employees from foreign offices to U.S. operations. The company needs a qualifying relationship – parent company abroad and U.S. subsidiary, or U.S. parent with foreign branches. The employee must have worked for the foreign entity for at least one continuous year within the three years before filing.

L-1A vs L-1B Categories

L-1A covers managers and executives who supervise employees or manage essential functions. Initial three-year period, renewable up to seven years total. L-1B covers specialized knowledge workers with proprietary knowledge about the company’s products, processes, or procedures that aren’t widely known in the industry. Initial period is three years, maximum five years total.

Foreign Employment Requirement

The one-year foreign employment requirement is strict – you must have worked abroad for one continuous year within the three years immediately before filing the L-1 petition. Short visits to the U.S. during that year are fine, but you can’t have worked primarily in the United States during the qualifying period.

2025 Fees and Costs

Starting in fiscal year 2025, L-1 applicants pay a $250 “visa integrity fee” at visa issuance, in addition to other required fees. Still far cheaper than H-1B’s $100,000 charge.

Path to Green Card

L-1A visa holders can transition to EB-1C green cards relatively easily if they’re managers or executives. L-1B holders face more difficulty because specialized knowledge doesn’t automatically qualify for employment-based categories – they typically need PERM labor certification which takes 16+ months.

O-1 Extraordinary Ability: High Bar, Big Payoff

USCIS wants to see you’re in the small percentage who have reached the very top of your field. Science, business, education, athletics, arts, film, television – O-1 visas cover all of them, but the standard is high.

The Eight Criteria for O-1A

For O-1A (business, science, education, athletics), you need at least three of eight criteria: major awards, membership in associations requiring outstanding achievement, published material about you in professional publications, judging the work of others in your field, original contributions of major significance, scholarly articles authored by you, employment in a critical or essential capacity for organizations with distinguished reputations, or high salary relative to others in the field.

Think CEO of a successful company, acclaimed professor with extensive publications, medical specialist with groundbreaking research, entrepreneur whose startup got significant press coverage or funding. National or international recognition – not just regional or local reputation.

O-1 Benefits and Processing

No annual cap. No lottery. File anytime during the year. Initial approval for up to three years, renewable in one-year increments indefinitely. Your achievements matter more than your education – there’s no degree requirement. High compensation helps prove your extraordinary ability, but there’s no minimum salary requirement.

Processing Times in 2025

Processing times in 2025 run about 2.5 months for I-129 petitions filed with California Service Center, with premium processing available for faster decisions. Starting in fiscal year 2025, O-1 applicants pay a $250 “visa integrity fee” in addition to other costs.

O-1 to Green Card Path

Many people use O-1 as a stepping stone to EB-1A green cards for extraordinary ability – same basic standard, but you’re applying for permanent residence instead of temporary status.

Choosing The Right Business Visa

Starting your own U.S. business as an entrepreneur? E-2 works if you’re from a treaty country and have $75K-$100K to invest. Not from a treaty country or don’t have capital? O-1 if you’ve built a successful business abroad with press coverage, awards, or significant revenue. EB-5 investor green card if you have $800,000+ and want permanent residence immediately.

Working for a multinational company? L-1 transfer if you’ve worked abroad for the company for one year and you’re a manager, executive, or have specialized knowledge. The company bears the cost and handles the petition.

Highly accomplished professional in your field? O-1 if you meet three of the eight extraordinary ability criteria – works for researchers, doctors, professors, business executives, tech leaders who have national recognition.

Already in the U.S. on another visa? Check whether you can change status without leaving. F-1 students can change to O-1 or E-2 without departing if they qualify. H-1B holders whose employers won’t pay the new $100,000 fee can transition to E-2 by starting their own business, or to O-1 if they meet the criteria.

Why You Need Business Visa Attorneys

Business visa cases require more than filling out forms. E-2 petitions need comprehensive business plans showing the investment is substantial and the business will generate enough revenue to support more than just the investor. L-1 petitions need detailed evidence of the qualifying relationship between foreign and U.S. entities, proof of one year foreign employment, and documentation showing the position qualifies as managerial, executive, or specialized knowledge. O-1 petitions need extensive evidence packages with letters from experts in the field, copies of publications and press coverage, proof of awards and recognition.

Our immigration attorneys have handled business visa cases for multinational corporations, startups, investors, and individual professionals across every industry. Todd Spodek grew up in Brooklyn working for his father’s law firm before attending Northeastern University and Pace Law School – representing clients whose cases have been featured in major media outlets, like the New York Post, Newsweek, and Bloomberg. Our law firm has handled thousands of immigration cases since 1976.

If you’re an employer looking for H-1B alternatives after the $100,000 fee made that option unaffordable, if you’re an investor ready to start a U.S. business, if you’re a multinational company transferring key employees, if you’re a highly accomplished professional seeking an extraordinary ability visa – contact our immigration attorneys. We’re available 24/7 at our offices throughout NYC and Long Island.