From International Student to Award-Winning Immigration Attorney: Fiona McEntee on Founding McEntee Law Group and Visa Pathways for Female Entrepreneurs
Fiona McEntee came to the United States as an international student from Ireland. Today, she’s the Founding Partner and Managing Attorney of McEntee Law Group, a nationally recognized immigration law firm based in Chicago that has advised thousands of startup founders, artists, athletes, and entrepreneurs on their paths to building businesses and lives in America. She’s also the author of three books: U.S. Immigration Options for Startups: Accelerate Your American Dream, O-1 Guide for Content Creators & Influencers, and the award-winning children’s book Our American Dream. Her books are available via her online store: https://www.fionamcentee.com/shop.
With over 18 years practicing immigration law exclusively, Fiona has become a leading expert on O-1 visas for extraordinary ability, EB-1A green cards, and immigration pathways for international entrepreneurs. She’s regularly featured in national and international media including MSNBC, BBC, CNN, The New York Times, and Politico. She’s the former Chair of the Media and Advocacy Committee for the American Immigration Lawyers Association and has been named to Illinois Super Lawyers for seven consecutive years, including recognition on the Top 50 Women and Top 100 attorneys lists.
Fiona has recently launched a new venture outside of the firm. She is the Co-Founder & COO of Nouvie, an award-winning non-alcoholic wine brand designed to celebrate meaningful – and everyday – moments without alcohol.
What sets Fiona apart is her personal understanding of the immigration journey. She founded McEntee Law Group in 2009 from her Lakeview apartment with zero clients but a clear vision: to help immigrants navigate an outdated, complex system. Today, her firm represents everyone from leading musicians and innovative startup founders to families seeking reunification, and her team speaks Spanish, Russian, Polish, Tagalog, Irish, Assyrian Aramaic, Korean, and Gujarati.
For female entrepreneurs around the world looking to launch businesses in the United States, the immigration landscape can feel overwhelming. From understanding whether an E-2 investor visa, O-1 extraordinary ability visa, or L-1A visa is the right fit, to knowing what activities are permitted while on student or work visas, to navigating the compliance requirements of hiring international talent as companies scale, the rules are complex and the stakes are high.
In this Q&A, Fiona breaks down the most viable immigration pathways for international women looking to launch startups in America, what growing businesses need to know about sponsoring international employees, and how female entrepreneurs can legally build their businesses while maintaining current immigration status. Her advice is grounded in both legal expertise and lived experience as an immigrant who built her own successful firm while navigating the very system she now helps others master.
Visa Pathways for International Female Entrepreneurs
Many talented female entrepreneurs from other countries want to start businesses in the U.S. but are confused about which visa options are available to them. What are the most viable immigration pathways for international women looking to launch startups in America? How do the requirements differ between options like the E-2 investor visa or the O-1 extraordinary ability visa? What are the most common mistakes you see female founders make when applying for entrepreneur visas?
A: For women around the world looking to launch a company in the U.S., the immigration landscape can understandably feel overwhelming. With thoughtful, tailored guidance from an experienced immigration attorney, however, there is often a viable path forward. Throughout my career, the McEntee Law Group team has had the privilege of advising thousands of clients navigating this uncertainty - many of whom, like I once was, began their journeys as international students.
We regularly work with founders who start in the U.S. on F-1 student visas and go on to build successful companies. With careful planning, their immigration paths often include Optional Practical Training, followed by an O-1 visa, and ultimately an EB-1A green card as an extraordinary startup founder. We’ve also helped founders based outside the U.S. expand here through strategies that include the L-1A visa and, later, an EB-1C green card as the CEO or founder. Of course, every case is different, and past results do not guarantee future outcomes.
There is no one-size-fits-all solution for founders. The best visa option depends on an individualized analysis of a founder’s background, funding model, and long-term business plans. Common pathways for entrepreneurs include the E-2, O-1, and L-1A visas.
The E-2 treaty investor visa allows entrepreneurs from qualifying treaty countries to live and work in the U.S. based on a substantial investment in a U.S. business. While there is no fixed dollar minimum, the investment must be sufficient to launch and operate the company and requires majority ownership by treaty-country nationals. A key limitation is nationality - countries like India and China are not eligible, despite being home to many immigrant founders.
The O-1 visa is often an excellent option for startup founders with demonstrated expertise in business. Many founders qualify based on traction such as press, venture funding, awards, patents, or leadership roles, though they frequently underestimate the strength of their profiles. With the right strategy and framing, the O-1 can be far more attainable than founders expect.
For founders expanding an existing non-U.S. company into the U.S., the L-1A visa is another strong option. While commonly associated with large multinationals, it can also work well for startups, provided the U.S. and foreign entities are properly structured, and the founder has at least one year of qualifying employment abroad.
Across all visa categories, the most common mistake we see founders make is undervaluing their own accomplishment and waiting too long to plan. Early immigration strategy, particularly around corporate formation and investment structure, can make a significant difference. Speaking with experienced immigration counsel before key business decisions are made can save time, stress, and unnecessary expense down the road.
Hiring International Talent for Growing Startups
As female-founded companies scale, many want to hire the best talent regardless of nationality but are overwhelmed by the immigration compliance requirements. What do growing businesses need to know about sponsoring international employees for work visas like H-1B, L-1, or O-1? How can startups structure their hiring processes to be immigration-compliant from the start? What are the key legal obligations and timelines founders should understand before making job offers to international candidates?
A: As companies scale, access to global talent often becomes a key part of growth. The good news is that with the right processes in place, sponsoring international employees can be more manageable than many founders expect.
For employer-sponsored visas such as the H-1B, L-1, and O-1, companies need a clear understanding of key timelines and compliance obligations. For example, the H-1B cap lottery for new H-1B visas runs only once a year - often a surprise for early-stage companies accustomed to moving quickly. The L-1 can be a strong option for businesses with overseas operations, while the O-1 offers flexibility for highly accomplished hires in fields such as engineering, design, or research.
One of the most important steps startups can take is to build immigration awareness into the hiring process from day one. This includes asking about work authorization needs early (in a compliant way), identifying roles that may require sponsorship, and planning for the time it takes to onboard international talent. Many companies also benefit from developing an internal immigration playbook, which enables hiring managers to understand timelines, processes, and the practical limitations associated with different visa types.
From a compliance perspective, companies must be aware of obligations such as maintaining public access files for H-1B employees, notifying USCIS of material changes to job duties or work locations, and ensuring foreign national workers are paid the required wage, if applicable. None of this is insurmountable - particularly with experienced immigration counsel - but proactivity is essential. When immigration considerations are embedded into hiring and operations early, startups can avoid the scrambling, delays, and budget surprises that often accompany rapid growth.
Maintaining Immigration Status While Building a Business
For female entrepreneurs who are in the U.S. on student visas, work visas, or dependent visas, how can they legally start building their businesses while maintaining their current immigration status? What activities are allowed versus prohibited under different visa types? How should they plan their immigration strategy to transition from employee-sponsored visas to entrepreneur-focused options as their businesses grow?
A: For women in the U.S. on student visas, work visas, or dependent visas, building a business requires careful planning because each status category comes with different rules around what you can – and more importantly, cannot - do.
Generally, student visa holders (F-1) can found companies, but they must be very careful about what activities they personally perform. Passive ownership is usually allowed, but working for the company - whether paid or unpaid- typically requires work authorization such as CPT, OPT, or STEM OPT.
For individuals on work visas such as the H-1B or O-1, a key limitation is that they are generally authorized to work only for the petitioning employer. While they may own a business, they typically cannot perform day-to-day or operational work for that company unless they have work authorization for that specific entity.
Those on certain dependent visas - such as the L-2, or an H-4 with an approved employment authorization document - may have greater flexibility when it comes to employment and entrepreneurial activity.
As the rules are highly nuanced, we always advise clients to map out an immigration strategy that evolves alongside the business. Early on, this means remaining compliant in the current status while carefully limiting founder activity to what is permitted. As the company grows, many founders may transition into visa categories better aligned with entrepreneurship. Planning ahead helps avoid gaps in work authorization and ensures the business’s growth trajectory aligns with the founder’s ability to legally participate in it.
If you have any questions about immigration options for you or your company, our team at McEntee Law is here to help!
McEntee Law Group
773-828-9544
info@mcenteelaw.com
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