Business & Employment-Based Immigration

What work visas are available for employees coming to Florida?

Business immigration covers every visa and green card category that hinges on a U.S. employer–employee relationship, governed primarily by INA § 101(a)(15) for nonimmigrant categories and INA § 203(b) for the employment-based green-card preferences. The most common cases we handle:

• PERM Labor Certification — the first step in most employment-based green-card cases. The Department of Labor requires PERM under 20 C.F.R. Part 656 before USCIS will consider the I-140 immigrant petition. We manage the prevailing-wage determination, recruitment process, ETA-9089 application, and audit responses.
• H-1B specialty occupation workers — annual cap registration, lottery selection, and full petition preparation for new H-1Bs and extensions/transfers under U.S. employer sponsorship. The H-1B program is capped at 85,000 new visas annually (65,000 regular + 20,000 U.S. advanced-degree set-aside) per USCIS. The FY2025 cycle received over 780,000 registrations, resulting in a selection rate below 12% (USCIS).
• L-1 intracompany transfer visa — L-1A (executives/managers) and L-1B (specialized knowledge), used by multinational companies bringing overseas employees to a U.S. office.
• O-1 extraordinary-ability visas — for individuals at the top of their field (sciences, arts, business, athletics).
• EB-1A self-petitions — green-card path for individuals with extraordinary ability who do not need an employer sponsor.
• EB-1B / EB-1C — outstanding researcher and multinational executive green cards.
• EB-2 NIW — National Interest Waiver self-petition for advanced-degree professionals.
• EB-3 — skilled worker, professional, and other-worker green cards.
• EB-4 special immigrant religious workers — green-card path for ministers, missionaries, and other religious workers sponsored by a bona fide non-profit religious organization (paired with the R-1 nonimmigrant visa).
• TN, E-3, H-1B1 — country-specific specialty worker visas (USMCA, Australia, Chile/Singapore).
• E-2 treaty investor visas — for nationals of treaty countries directing a substantial investment in a bona fide U.S. enterprise. The State Department does not publish a hard minimum; in practice, investments of roughly $100,000 or more are typical for non-real-estate enterprises (State Department guidance).

How do Orlando employers sponsor foreign workers for H-1B visas?

For corporate clients, we provide flat-fee quotes per case type, clear timelines, and a single point of contact who knows your company's structure and ongoing case load. The Department of Labor requires a certified Labor Condition Application (Form ETA-9035) for every H-1B worksite before USCIS will adjudicate the I-129 petition, and the public access file must be maintained at the worksite per 20 C.F.R. § 655.760. We respond to USCIS Requests for Evidence within deadline windows, prepare petitioners and beneficiaries for interviews, and handle premium-processing requests when business needs warrant. We also advise on policies that reduce risk — I-9 compliance under INA § 274A, public access files, LCA compliance for H-1B sites, and audit readiness ahead of DOL Wage and Hour Division reviews.

H-1B vs. L-1 vs. TN: a comparison for Florida employers

What is the difference between an H-1B and an L-1 visa?

The H-1B is a specialty-occupation visa requiring at least a bachelor’s degree (or equivalent) in a field related to the role; it is subject to the annual numerical cap and the LCA wage process described above. The L-1 is an intracompany transferee visa for an executive, manager (L-1A), or specialized-knowledge employee (L-1B) who has worked abroad for the related foreign entity for at least one of the prior three years — per INA § 101(a)(15)(L) and 8 C.F.R. § 214.2(l). L-1 has no annual cap and no LCA, but USCIS scrutiny of the qualifying relationship, the U.S. role, and the foreign work history is heavy. Many of our Florida employer clients use L-1A as the entry visa and then convert to the EB-1C multinational executive green card after the U.S. operation is established.

H-1B in FY2026: what Orlando employers need to know

The H-1B cap for FY2026 remains 85,000 visas per USCIS — 65,000 under the regular cap and 20,000 under the U.S. advanced-degree exemption. The FY2025 lottery cycle received over 480,000 registrations after USCIS implemented the beneficiary-centric selection rule, putting the post-rule selection rate at approximately 28–30% (USCIS, March 2025). If your registration was not selected, alternatives include cap-exempt H-1B at a university or non-profit research institution, O-1 for individuals with extraordinary credentials, L-1 if the company has a qualifying foreign affiliate, EB-2 NIW self-petition for advanced-degree professionals doing nationally-important work, and (for Canadian or Mexican nationals) the TN classification under USMCA. Premium processing for I-129 H-1B remains available at the USCIS-set fee, with a 15-business-day adjudication clock.

L-1 intracompany transfer trends in 2025–2026

Multinational employers expanding to Florida often transfer key employees via the L-1 intra-company visa rather than recruiting locally, particularly when the role requires specialized knowledge of the parent company's operations. Per USCIS adjudication data, L-1 RFE and denial rates remain elevated compared to pre-2017 levels, particularly for L-1B specialized-knowledge petitions and new-office L-1A filings. Strong cases document the U.S. operation’s viability (lease, hires, business plan with milestones), the qualifying relationship between the foreign and U.S. entities (corporate org charts, shareholder records), and — for L-1B — the proprietary or advanced nature of the knowledge that the beneficiary holds. New-office L-1A petitions are granted initially for 1 year and must show substantial U.S.-side operations before the extension; we plan client filings with this milestone in mind.

How business immigration relates to investor visas

For employers who hire foreign workers under H-1B, L-1, or EB-2/EB-3, the workflow above is the right hub. For business owners and principal investors building or acquiring a U.S. enterprise, the specialized companion path is to explore investor visa options (E-2, EB-5, EB-1C) — these categories prioritize the investor's capital and management role rather than an employer-employee petition.

E-2 treaty investor: Portugal added to the treaty country list

Per the U.S. Department of State, Portugal was added to the E-2 treaty country list effective March 2024, opening the E-2 investor visa to Portuguese nationals for the first time. The investment must be substantial (no statutory minimum but typically $100,000+ for non-real-estate enterprises per State Department guidance), at risk in a bona fide U.S. enterprise, and the investor must direct and develop the enterprise. E-2 is renewable indefinitely as long as the enterprise remains operational.

Many employees come to us directly when their employer has not engaged immigration counsel, when they want a second opinion on their case, or when they need a path that is independent of their current job (EB-2 NIW or EB-1A). We advise on portability under AC21 (changing jobs after I-140 approval) per INA § 204(j), priority date retention, and the path from H-1B to permanent residency. For shorter-term seasonal or peakload roles, see our overview of temporary work visa options (H-2A and H-2B), which sit alongside the longer-term specialty and intracompany categories.