AI, Software & Technology Immigration Attorneys for Global Tech Companies

Immigration Solutions for AI, Software, SaaS & Big Tech Companies 

Artificial intelligence, software development, SaaS platforms, and large technology companies depend on highly specialized global talent to innovate, scale, and remain competitive. From engineers and data scientists to product leaders and executives, access to international professionals is essential to growth.

Wilner & O’Reilly is a nationally recognized immigration law firm advising AI, software, SaaS, and Big Tech companies on U.S. immigration strategy. We help technology employers navigate visa options, workforce planning, and compliance so they can hire and retain the talent they need—efficiently and predictably. 

Immigration Challenges Facing Technology Companies 

Technology companies face unique immigration challenges that require proactive legal planning: 

  • Intense global competition for highly skilled workers 
  • Rapid hiring cycles and evolving project needs 
  • Shortages of U.S. workers in AI, engineering, and advanced technical roles 
  • Immigration caps, quotas, and timing constraints 
  • Complex compliance requirements across federal agencies 

For executives and HR leaders, immigration is not just a legal issue—it is a business continuity and growth issue. Delays or missteps can impact product development, funding milestones, and market expansion. 

U.S. Visa Options for AI, Software & Tech Employers 

Choosing the right visa strategy is critical for technology companies. Wilner & O’Reilly works closely with employers to align immigration solutions with business goals. 

H-1B Visas for Specialty Occupations 

The H-1B visa remains one of the most common options for software engineers, developers, data scientists, and other technical professionals. While subject to annual caps, it continues to be a cornerstone of tech hiring strategies. 

Learn more from USCIS.

O-1 Visas for Individuals of Extraordinary Ability 

AI researchers, senior engineers, founders, and technical leaders may qualify for O-1 visas based on extraordinary ability in science or technology. This category is not capped and is often ideal for top-tier talent. 

L-1 Visas for Intracompany Transfers 

Global technology companies frequently use L-1 visas to transfer executives, managers, and specialized knowledge employees from international offices to U.S. operations—supporting rapid scaling and leadership continuity. 

TN Visas for Canadian and Mexican Professionals 

For eligible roles under the USMCA, TN visas provide a streamlined option for Canadian and Mexican software and technology professionals. 

Employment-Based Green Cards 

Long-term workforce stability often requires permanent residence strategies, including: 

  • EB-1 (extraordinary ability, outstanding researchers, multinational executives) 
  • EB-2 (advanced degree professionals, National Interest Waiver) 
  • EB-3 (skilled professionals) 

Wilner & O’Reilly helps technology companies plan these pathways strategically to retain critical talent. 

Immigration Strategy for AI & Emerging Technology 

AI and emerging technology companies face additional considerations: 

  • Rapid innovation cycles 
  • Venture-backed growth and funding timelines 
  • Founders and startup executives needing U.S. work authorization 
  • Specialized roles that do not fit traditional job classifications 

Our immigration attorneys work with leadership teams to develop flexible, scalable immigration strategies that support growth while minimizing disruption. 

Compliance & Workforce Planning for Tech Employers 

Immigration compliance is an ongoing responsibility for software and technology companies. Key areas include: 

  • Proper job classification and wage compliance 
  • Maintaining public access files and documentation 
  • Monitoring employee status and work authorization 
  • Preparing for audits and policy changes 

By integrating immigration planning into broader HR and compliance systems, companies can reduce risk and improve operational efficiency. 

For authoritative guidance, we regularly reference agencies such as: 

  • U.S. Citizenship and Immigration Services (USCIS).
  • U.S. Department of Labor (DOL).
  • U.S. Department of State (DOS).

Why AI, Software & Tech Companies Choose Wilner & O’Reilly 

Wilner & O’Reilly is a nationally recognized immigration law firm with decades of experience advising technology employers across the United States. 

Companies work with us because we offer: 

  • Nationwide representation under federal immigration law 
  • Deep experience with technology-driven industries 
  • Business-focused legal advice tailored to executives and HR leaders 
  • Strategic planning for both short-term hiring and long-term growth 

Our goal is simple: help technology companies access global talent while keeping immigration processes aligned with business objectives. 

Speak With an Immigration Attorney for Your Technology Workforce 

Whether you are hiring AI engineers, expanding a SaaS team, transferring executives, or planning long-term growth, experienced immigration guidance matters.  Contact Wilner & O’Reilly to discuss your technology workforce strategy. For additional insights, visit our Immigration Blog.

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FAQ: Immigration for AI, Software & Technology Companies

What visas are best for AI and software engineers?

Common options include H-1B, O-1, L-1, TN, and employment-based green cards, depending on the role and qualifications. 

Can SaaS companies sponsor foreign workers?

Yes. SaaS companies regularly sponsor foreign professionals for both temporary work visas and permanent residence. 

Are startup founders eligible for U.S. work visas?

Many founders qualify for O-1 visas, L-1 visas, or employment-based green cards depending on ownership, role, and achievements. 

How long does the H-1B process take for tech workers?

Timelines vary, but the cap-subject H-1B process typically follows an annual cycle, while cap-exempt options may offer more flexibility. 

Is there an immigration option for AI researchers with advanced credentials?

Yes. AI researchers may qualify for O-1 visas, EB-1, or EB-2 National Interest Waivers. 

Do Big Tech companies face different immigration rules?

The legal framework is the same, but large employers often require more complex workforce planning and compliance strategies. 

How can companies avoid immigration delays?

Early planning, accurate job classification, and experienced legal guidance significantly reduce delays and disruptions. 

Does Wilner & O’Reilly work with companies nationwide?

Yes. Immigration law is federal, and Wilner & O’Reilly represents technology companies across the United States.