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Brian J. Reilly

Brian J. Reilly

Specializing in start-ups, entrepreneurs and self-sponsored immigrants
  • Immigration Law
  • Connecticut, District of Columbia, New York, North Carolina
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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.
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.
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.

Practice Area
Immigration Law
Asylum, Citizenship, Family Visas, Green Cards, Immigration Appeals, Investment Visas, Marriage & Fiancé(e) Visas, Work Visas
  • Free Consultation
    Free phone consultations up to 15 minutes
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    I primarily work on a predetermined flat fee basis
Jurisdictions Admitted to Practice
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District of Columbia
District of Columbia Bar
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New York
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North Carolina
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  • English
Professional Experience
Brian J Reilly Attorney at Law
- 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.
Managing Member
Transact Partners International, Raleigh, NC
- 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
Developed and managed a very high-volume business immigration practice with approximately 70 employees working primarily with tech and telecommunications clients.
Fragomen, Del Rey and Bernsen and Loewy
Associate Immigration Attorney working primarily with high-volume Fortune 100 corporate and financial services clients at the largest immigration firm in the world.
Benjamin N. Cardozo School of Law
J.D. (1986) | Law
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State University of New York - Stony Brook
B.A. (1982) | Social Sciences
Activities: Varsity Football Team
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AV rating
A verified peer review rating through a questionnaire process sent to various attorneys based on specialty.
Professional Associations
Wake County Bar Association
- Current
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District of Columbia Bar Association
- Current
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Websites & Blogs
Legal Answers
3 Questions Answered
Q. If an LPR sponsors his children (living abroad) on I-130, can children be granted B Visa to visit him thereafter?
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?
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?
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.
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Contact & Map
5540 Centerview Drive | Suite 200
Raleigh, NC 27606
Telephone: (919) 844-2929