Kripa Upadhyay is the Co-Chair of Buchalter's Immigration & Global Mobility Practice, where she advises foreign investors, founders, and multinational companies on entering, operating, and expanding within the United States.

Foreign Direct Investment & Cross-Border Transactions

Ms. Upadhyay's practice integrates U.S. immigration strategy with the broader considerations of foreign direct investment, helping clients structure cross-border transactions while effectively managing talent mobility and regulatory risk. She works closely with venture capital funds, private equity sponsors, family offices, and high-growth companies to align business objectives with compliant, practical pathways into the U.S. market.

She is also a trusted advisor on national security considerations related to inbound investment-particularly CFIUS analysis-and regularly supports foreign organizations investing in the technology, real estate, health-tech, and defense sectors. Her guidance includes advising on export-control frameworks under ITAR and EAR to ensure workforce planning and global hiring remain compliant.

Immigration & Regulatory Compliance

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.

Ms. Upadhyay's immigration practice focuses on securing high-value pathways for founders, executives, investors, and key talent, including EB-1, O-1, NIW, EB-5, L-1, and E-2 classifications.

She represents venture-backed startups, global technology companies, institutional investors, and international founders seeking to scale their operations in the United States with clarity, efficiency, and confidence.

Languages
Hindi, Nepali, Spanish, Urdu

Bar Admissions
Washington

Supreme Court Washington

U.S. District Court for the Eastern District of Washington

U.S. District Court for the Western District of Washington

United States Court of Appeals Ninth Circuit

Education
Seattle University School of Law, J.D.

California State University, Long Beach, B.A., Political Science

Significant Accomplishments

• In 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.
• In 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 Activities and Experience

• • Chambers USA, Immigration Law, 2024 and 2025
  • EB5 Magazine as Top 10 Rising Star, 2023
  • Washington State Bar Association's (WSBA) Community Service Award, 2011
  • Rising Star by Super Lawyers magazine for Immigration Law, 2014 - 2018

 

How Chinese EB-5 investors can deal with money transfer restrictions

Indian and Middle Eastern EB-5 source of funds: an immigration lawyer speaks to the challenges and solutions

Visa Options for Start-Up Founders: An Overview of Options

What To Do In The Event of an Immigration Raid or I-9 Audit (Or Any Other Time Law Enforcement Agents Show Up To Your Business)

Buchalter Labor & Employment 2024 Seminar

Kripa Upadhyay to Present Pro Bono Session at AILA's 2024 Pacific Northwest Regional Conference

Kripa Upadhyay to Speak at AILA's 2024 Pacific Northwest Regional Conference

Kripa Upadhyay to Present Webinar for Christian Tyler Properties, LLC

Kripa Upadhyay to Lead Webinar for EB5 Coast to Coast

Preparing for Changes to Immigration Policies and Procedures Under the Trump Administration: Practical Compliance Strategies for Employers of Foreign Workers

Navigating Compliance in the New Administration: Preparing for Site Visits, Workplace Raids, and I-9 Audits

Navigating the EB-5 "Green Card" by Investment Program: Key Insights for 2025

H-1B 2025: Essential Strategies for Employers Hiring Foreign Talent

What Businesses Need to Know When Law Enforcement Arrives to conduct a Raid

Travel Advisory for Visa Holders Seeking to Travel and Return to the United States

Extraordinary Ability Visas and Green Cards Explained (O-1, EB-1)

The Future of EB5 Investment Migration

What The H-1B Modernization Rule Means For Employers And Employees

Workplace Raids: A Guide for Employers on Your Rights and Responsibilities

Corporate Immigration Compliance: Preparing for Enhanced Enforcement Under Trump 2.0

U.S. Export Control Guide for Foreign Companies: Navigating CFIUS, ITAR, EAR, and AI Regulations

Navigating Immigration Compliance in U.S. Hospitals: Key Concerns for Administrators and Providers

Navigating Immigration Compliance in U.S. Hospitals: Key Concerns for Administrators and Providers

U.S. Export Control Guide for Foreign Companies: Navigating CFIUS, ITAR, EAR, and AI Regulations

Navigating Job Loss on a Work Visa: Options for Foreign Workers Facing Termination in the U.S.

Kripa Upadhyay, Panelist at 2025 Unshackled Annual Conference

Immigration & Global Mobility in the 2nd Trump Term: What Employers Must Know

Best Practices for I-9 Compliance in 2024

Buchalter Labor & Employment 2025 Seminar

Kripa Upadhyay Featured in Korea Inter-Parliamentary Exchange Center's Inaugural Expert Interview Series

President Trump's new entry restrictions on H-1Bs take effect at 12:01am EDT on Sunday, September 21. This new policy was announced late afternoon on Friday September 19, 2025

The $100,000 Fee on H-1B Entries: What Employers Need to Know

Changes to H-1B - What Employers Must Know NOW!

The EB-5 Landscape Today - Where We Are Now & What Investors Need to Know

How to File a Successful NIW & EB-1 Petition - Framing Your Expertise for Success

DHS Ends Automatic Extension for Any Work Permit Renewal Filed After October 30th

Investing in AI, Semiconductors, Biotech, and Data Infrastructure in 2026: How Immigration, Trade, and CFIUS Shape Returns and Deal Certainty

EB-5 Investors: The September 30, 2026 sunset of the "Grandfathering" provision of the Reform and Integrity Act- What You Need to Know

Corporate and Investor Immigration in 2026: Why CEOs and CHROs Can No Longer Afford a Reactive Approach

Foreign Talent, Domestic Risk: Deemed Export Issues in Tech Hiring

EB‑5 in 2026: A Strategic Window for Family Offices and High‑Income Investors

Reclassification of Substantive Errors by ICE: Implications for Employers

Buchalter Webinar: Reclassification of I-9 Violations: What HR/Employers MUST do Now

Extraordinary Ability Visas as a Market Entry Strategy for Global Founders

The U.S. Supreme Court Greenlights TPS Terminations for Haiti and Syria - Immediate Employer Action Required

Kripa Upadhyay and Akana K. J. Ma, Author: "CFIUS In Our New Era" - Published by The M&A Journal - June, 2026

After Mullin v. Doe: Why Immigration Counsel Belongs in the Room Before the Problem Arrives

Kripa Upadhyay Authors Article, "What Advisors Must Know About Investment-Linked Residency, Citizenship," Published by Family Wealth Report

The $100,000 H-1B Fee and the September 20 Cliff: The Filing Decision Employers Can't Postpone

EB-5 at a Crossroads: The Grandfathering Deadline, the Proposed Rule, and the Rising Bar on Source-of-Funds Scrutiny

Buchalter Webinar: The New Immigration Frontier: A Full-Day Briefing for HR & Legal Teams

Kripa Upadhyay to Speak at the 2026 America's Property Exhibition (APEX)

Foreign Talent, Domestic Risk: Deemed Export Issues in Tech Hiring

Investing in AI, Semiconductors, Biotech, and Data Infrastructure in 2026: How Immigration, Trade, and CFIUS Shape Returns and Deal Certainty

Workplace Raids: A Guide for Employers on Your Rights and Responsibilities

Corporate Immigration Compliance: Preparing for Enhanced Enforcement Under Trump 2.0

Navigating Immigration Compliance in U.S. Hospitals: Key Concerns for Administrators and Providers

CFIUS 101 for VC Sponsors: What Changes When Your Cap Table Has Foreign LPs

Foreign Talent, Domestic Risk: Deemed Export Issues in Tech Hiring

Investing in AI, Semiconductors, Biotech, and Data Infrastructure in 2026: How Immigration, Trade, and CFIUS Shape Returns and Deal Certainty

CFIUS In Our New Era: The Due Diligence Step That Can No Longer Wait