Brian J. Reilly

Mr. Reilly brings a wealth experience to our immigration clients throughout the United States and around the world. He is focused on start-up companies, entrepreneurs, and highly qualified individuals eligible for self-sponsorship under EB-1 and EB-2 NIW immigrant categories.

Our services cover nonimmigrant work visas: O-1, L-1, TN, E-1, E-2, H-1, E-3; immigrant visas: EB-1, EB-2, NIW, EB-3, PERM, EB-5 Investor immigrant visas. We also complex family-based immigration and waivers of inadmissibility. With a focus on efficiency and cost-effectiveness, we offer free phone consultations and reasonable flat fee rates for most services.

Mr. Reilly is admitted to practice law in North Carolina, New York, Connecticut, and Washington D.C. He can assist in corporate and business matters related to immgration with a focus on getting the desired outcome for visa or permenant residence.

Benjamin N. Cardozo School of Law

J.D. (1986) | Law

1983 - 1986

State University of New York - Stony Brook

B.A. (1982) | Social Sciences

1978 - 1982

Activities: Varsity Football Team

Owner

Brian J Reilly Attorney at Law

2008 - Current

Business immigration practice focused primarily on start-up companies. H-1, L-1, E, O-1 visas. PERM and extraordinary ability immigrant visas. Perform contract work for the Fragomen firm appearing with clients before CIS. www.workvisalegal.com

Managing Member

Transact Partners International, Raleigh, NC

2005 - Current

Lower middle market merger and acquisition advisor and attorney. Working with business owners, private equity and strategic acquirers to source and facilitate transactions.

Ogletree, Deakins, Smoak and Stewart

Ogletree, Deakins, Smoak and Stewart

1994 - 2005

Developed and managed a very high-volume business immigration practice with approximately 70 employees working primarily with tech and telecommunications clients.

Attorney

Fragomen, Del Rey and Bernsen and Loewy

1986 - 1990

Associate Immigration Attorney working primarily with high-volume Fortune 100 corporate and financial services clients at the largest immigration firm in the world.

AV rating

Martndale

1996

A verified peer review rating through a questionnaire process sent to various attorneys based on specialty.

Wake County Bar Association

Member

1993 - Current

District of Columbia Bar Association

Member

1990 - Current

Connecticut

Since 1986

District of Columbia

District of Columbia Bar

Since 1989

New York

Since 1987

North Carolina

Since 1991

• Free Consultation
  Free initial phone consultations up to 15 minutes
• Credit Cards Accepted
• Rates, Retainers and Additional Information
  I primarily work on a predetermined flat fee basis

Q. If an LPR sponsors his children (living abroad) on I-130, can children be granted B Visa to visit him thereafter?

March 2, 2024

A: There are not enough facts provided here to give a cogent answer. The children will have to disclose the pending immigrant visa petition when applying for a visa, which will cause the consul to scrutinize their intent. Applying for an immigrant visa while they are physically in the U.S. is not an alternative as no immigrant visas are immediately available. How did the father obtain permanent residence? The children may be eligible to immigrate as dependents under age 21 "following to join" their father. If the children are over 21, they are sons and daughters and not eligible to immigrate as dependents and fall into another immigrant category for quota purposes. If any of the children are married, they fall into yet another category. The country of origin can also impact quota availability.

These variables will determine if it makes sense to petition for the children now or wait until the father becomes a citizen. This question should be addressed by an experienced immigration attorney. ... Read More

Q. I have H1B through my company, and a green card confirmation (as of last year), can I co-own/work for a startup?

February 7, 2024

A: It is not clear what you mean as a green card confirmation: An approved I-140 immigrant visa? I-485 adjustment of status application receipt? An adjustment of status application pending over 180 days?

The short answer is you can't "work" or draw a salary from anyone except your H-1B employer until you obtain work authorization. Even with work authorization you must also be careful that you are not violating the working conditions as characterized on your I-129 H-1 petition and the required LCA. Further you must be sure your employer does have a policy on off-hours work, which could lead to your dismissal. Finally, questions may arise as to your qualifying employment when you are interviewed in connection with your adjustment of status or even if you're not interviewed, because you will be required to submit tax returns. Purely passive investment is allowed but any activity involving more than 10 hours per week is likely to be considered work could lead to the questions outlined above. You should consult an experienced business immigration attorney with all the facts for an opinion before you commit to anything. ... Read More

Q. Will I be able to re-enter the US while on my F1 visa while an i-140 is pending?

January 8, 2024

A: The most important thing to keep in mind is to tell the CBP the truth. If are still engaged in course work, it is easier to explain you intend to finish your studies. If you are on OPT or extended STEM OPT you should say you understand your obligation to leave at its completion; that the NIW I-140 is aspirational, not guaranteed; and that you may have long wait for the quota while living abroad. Being denied admission after responding candidly is a much better outcome than being found to have attempted entry by fraud and facing permanent exclusion. Nothing will set a CBP officer's fraud radar quicker than being vague and evasive.