Practice Expertise
- International Business & Trade
Areas of Practice
- International Business & Trade
Profile
Kripa Upadhyay is Co-Chair of the Immigration & Global Mobility Practice at Buchalter, where she advises foreign national investors, founders, and multinational companies on navigating the legal and regulatory complexities of entering and operating in the United States.
Her practice sits at the intersection of U.S. immigration strategy and foreign direct investment compliance. Kripa works with venture capital funds, private equity sponsors, family offices, and high-growth companies to structure cross-border investments, with a particular focus on aligning immigration pathways with broader business and regulatory objectives.
She also advises U.S. companies seeking to enter into joint ventures with foreign investors, guiding them through the regulatory landscape governing inbound investment. This includes counseling on U.S. economic sanctions and export control considerations, including compliance with Office of Foreign Assets Control (OFAC) regulations, as well as assessing risk exposure in transactions involving sensitive jurisdictions or restricted parties.
Immigration & Regulatory Compliance
In addition to helping secure high-value pathways for founders, executives, investors, and key talent, including EB-1, O-1, NIW, EB-5, L-1, and E-2 classifications. Ms. Upadhyay routinely counsels HR teams and business leaders on the immigration implications of onboarding, transferring, and terminating foreign national employees. She develops immigration strategies for companies that frequently move talent across borders and advises on compliance with U.S. immigration and Department of Labor regulations governing the employment of foreign nationals.
Her work includes delivering training, conducting proactive I-9 "self-audits," and preparing clients for worksite enforcement actions to help safeguard business continuity and leadership stability. She also develops Standard Operating Procedures (SOPs) to ensure organizations maintain compliance with immigration and labor laws, including identifying employees requiring ITAR/EAR licenses and ensuring the appropriate authorizations are obtained.
Her practice sits at the intersection of U.S. immigration strategy and foreign direct investment compliance. Kripa works with venture capital funds, private equity sponsors, family offices, and high-growth companies to structure cross-border investments, with a particular focus on aligning immigration pathways with broader business and regulatory objectives.
She also advises U.S. companies seeking to enter into joint ventures with foreign investors, guiding them through the regulatory landscape governing inbound investment. This includes counseling on U.S. economic sanctions and export control considerations, including compliance with Office of Foreign Assets Control (OFAC) regulations, as well as assessing risk exposure in transactions involving sensitive jurisdictions or restricted parties.
Immigration & Regulatory Compliance
In addition to helping secure high-value pathways for founders, executives, investors, and key talent, including EB-1, O-1, NIW, EB-5, L-1, and E-2 classifications. Ms. Upadhyay routinely counsels HR teams and business leaders on the immigration implications of onboarding, transferring, and terminating foreign national employees. She develops immigration strategies for companies that frequently move talent across borders and advises on compliance with U.S. immigration and Department of Labor regulations governing the employment of foreign nationals.
Her work includes delivering training, conducting proactive I-9 "self-audits," and preparing clients for worksite enforcement actions to help safeguard business continuity and leadership stability. She also develops Standard Operating Procedures (SOPs) to ensure organizations maintain compliance with immigration and labor laws, including identifying employees requiring ITAR/EAR licenses and ensuring the appropriate authorizations are obtained.
Areas of Practice
- International Business & Trade
Professional Career
Significant Accomplishments
Shergill v. Mayorkas
Kripa Upadhyay, played a pivotal role as counsel in a groundbreaking class action lawsuit that secured key reforms for nonimmigrant H-4 and L-2 spouses experiencing significant delays in employment authorization processing. The lawsuit successfully overturned a U.S. Citizenship and Immigration Services (USCIS) policy, which had previously prevented H-4 spouses from receiving automatic extensions of their work authorization while standalone employment authorization document (EAD) applications were pending. Additionally, the agreement resulted in a major policy shift for USCIS, which now recognizes that L-2 spouses are automatically authorized to work as part of their immigration status. This means spouses of executives and managers no longer need to apply for work authorization before beginning employment in the U.S.
Bajaj v. Blinken
Kripa Upadhyay served as counsel in this significant class action filed in the U.S. Federal Court for the Western District of Washington in February 2022. The lawsuit challenged the U.S. Department of State's failure to process EB-5 applications following the 2019 lapse in the program's reauthorization by Congress. During this lapse, no Regional Center could accept new investors until reauthorization. However, the Department of State wrongly halted the consular processing and visa issuance for previously approved I-526 petitions. The lawsuit contested the Department's misapplication of the law, though it was eventually withdrawn when Congress reauthorized the EB-5 program through the passage of the Reform and Integrity Act of 2022.
Professional Associations
Shergill v. Mayorkas
Kripa Upadhyay, played a pivotal role as counsel in a groundbreaking class action lawsuit that secured key reforms for nonimmigrant H-4 and L-2 spouses experiencing significant delays in employment authorization processing. The lawsuit successfully overturned a U.S. Citizenship and Immigration Services (USCIS) policy, which had previously prevented H-4 spouses from receiving automatic extensions of their work authorization while standalone employment authorization document (EAD) applications were pending. Additionally, the agreement resulted in a major policy shift for USCIS, which now recognizes that L-2 spouses are automatically authorized to work as part of their immigration status. This means spouses of executives and managers no longer need to apply for work authorization before beginning employment in the U.S.
Bajaj v. Blinken
Kripa Upadhyay served as counsel in this significant class action filed in the U.S. Federal Court for the Western District of Washington in February 2022. The lawsuit challenged the U.S. Department of State's failure to process EB-5 applications following the 2019 lapse in the program's reauthorization by Congress. During this lapse, no Regional Center could accept new investors until reauthorization. However, the Department of State wrongly halted the consular processing and visa issuance for previously approved I-526 petitions. The lawsuit contested the Department's misapplication of the law, though it was eventually withdrawn when Congress reauthorized the EB-5 program through the passage of the Reform and Integrity Act of 2022.
Professional Associations
- American Bar Association
Articles
https://www.buchalter.com/insights/foreign-talent-domestic-risk-deemed-export-issues-in-tech-hiring
https://www.buchalter.com/insights/corporate-and-investor-immigration-in-2026-why-ceos-and-chros-can-no-longer-afford-a-reactive-approach/
https://www.buchalter.com/insights/investing-in-ai-semiconductors-biotech-and-data-infrastructure-in-2026-how-immigration-trade-and-cfius-shape-returns-and-deal-certainty/
https://ceoworld.biz/2025/06/04/u-s-export-control-guide-for-foreign-companies-navigating-cfius-itar-ear-and-ai-regulations/#google_vignette
https://www.buchalter.com/insights/corporate-and-investor-immigration-in-2026-why-ceos-and-chros-can-no-longer-afford-a-reactive-approach/
https://www.buchalter.com/insights/investing-in-ai-semiconductors-biotech-and-data-infrastructure-in-2026-how-immigration-trade-and-cfius-shape-returns-and-deal-certainty/
https://ceoworld.biz/2025/06/04/u-s-export-control-guide-for-foreign-companies-navigating-cfius-itar-ear-and-ai-regulations/#google_vignette
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