Your company just found the perfect candidate. She has the exact skills your team needs, interviews went great, and she’s ready to start. There’s just one catch—she’s in the U.S. on an H-1B visa that expires in six months.
Or maybe you’re an entrepreneur from Brazil with capital to invest and a solid business plan, wondering if Florida could be your next home.
Whether you’re a business owner trying to build the right team or an investor ready to put down roots in the Sunshine State, the path forward depends on matching your situation with the right visa options.
Florida’s economy thrives on international talent and investment. From tech startups in Miami to hospitality ventures in Orlando, businesses across the state depend on foreign workers and investors. Yet bringing that talent to Florida legally means working through a system that can feel overwhelming.
Federal immigration law sets the framework, but Florida has its own requirements too, including mandatory E-Verify for most private employers.
Can my Florida business hire workers from other countries?
Yes, absolutely. U.S. employers in Florida can hire foreign nationals for both temporary and permanent positions. But there’s a process involved. You’ll need to prove that the foreign worker fills a legitimate business need and that hiring them won’t negatively affect American workers’ wages or job opportunities.
Think of federal immigration law as dividing work authorization into two main buckets. Nonimmigrant visas allow temporary work for a specific employer and purpose. Immigrant visas (what most people call green cards) provide permanent residence and unrestricted work authorization.
Most employment situations start with a nonimmigrant visa, then potentially transition to permanent residence later.
Before hiring anyone from abroad, Florida employers must verify work eligibility using Form I-9. That’s been the law since the Immigration Reform and Control Act of 1986. But since July 1, 2023, there’s an additional requirement. Florida Senate Bill 1718 mandates that private employers with 25 or more employees use E-Verify for all new hires.
This requirement works alongside the federal I-9 process, not instead of it.
Which work visa is right for my company?
H-1B visas bring professionals with bachelor’s degrees
The H-1B classification is probably the most well-known work visa. It allows U.S. employers to hire foreign professionals in “specialty occupations” under 8 U.S.C. § 1101(a)(15)(H)(i)(b).
What counts as a specialty occupation? These are jobs that require at least a bachelor’s degree in a specific field. Software developers, engineers, accountants, and healthcare professionals commonly qualify.
Here’s how the process works. The employer files Form I-129 with U.S. Citizenship and Immigration Services (USCIS) after obtaining a certified Labor Condition Application from the Department of Labor. The H-1B allows initial admission for up to three years, with possible extensions to a maximum of six years.
Congress caps H-1B numbers at 65,000 annually, plus an additional 20,000 for those with U.S. master’s degrees or higher. Registration typically opens in early March for an October 1 start date.
One important note: certain employers, including higher education institutions and nonprofit research organizations, are exempt from the H-1B cap and can file petitions year-round. If you’re a university or qualifying nonprofit, you have more flexibility.
L-1 visas facilitate intracompany transfers
Companies with operations both inside and outside the United States have another option. They can transfer key employees using L-1 status under 8 U.S.C. § 1101(a)(15)(L).
The catch? The foreign national must have worked for a related company abroad for at least one year during the preceding three years.
L-1A classification applies to managers and executives, while L-1B covers employees with specialized knowledge about the company’s products, services, or processes.
Unlike H-1B visas, L-1 visas have no annual cap and no prevailing wage requirement. That’s a significant advantage. L-1A holders can stay up to seven years, while L-1B holders get up to five years.
A qualifying relationship must exist between the U.S. and foreign entities. They must be parent, branch, subsidiary, or affiliate companies with at least 50% common ownership. Companies meeting certain criteria can obtain blanket L-1 approval, which streamlines the transfer process for multiple employees.
E-2 treaty investor visas support foreign entrepreneurs
If you’re an entrepreneur looking to invest in a U.S. business, the E-2 visa might be your ticket. Foreign nationals from countries with a commerce and navigation treaty with the United States can invest in a U.S. business and obtain E-2 status under 8 U.S.C. § 1101(a)(15)(E).
You must be a national of a treaty country, invest a substantial amount in a bona fide U.S. enterprise, and actively develop and direct the business.
Here’s where it gets interesting. No specific minimum investment amount exists, but it must be substantial relative to the total cost of purchasing or establishing the business. While some E-2 visas have been approved with investments as low as $80,000 to $100,000, most successful cases involve investments of $150,000 or more, depending on the business type.
The business cannot be marginal. In other words, it must generate more than enough income to provide a minimal living for you and your family.
E-2 status initially lasts up to five years depending on the treaty country, with unlimited two-year extensions as long as the business continues operating.
One important consideration: E-2 is not a dual intent visa. While E-2 holders can apply for green cards, demonstrating immigrant intent may affect their ability to maintain or renew E-2 status. It’s a delicate balance.
What is the PERM labor certification process?
Most employment-based green card applications require PERM labor certification through the Department of Labor under 20 CFR Part 656. This process proves no qualified U.S. workers are available for the position and that hiring the foreign national won’t adversely affect American workers’ wages and working conditions.
The employer must first obtain a prevailing wage determination. This shows they’ll pay the foreign worker at least the wage typically paid to similarly employed workers in the geographic area.
Then comes recruitment. The employer must advertise the job through multiple channels to test the U.S. labor market. For professional positions, this includes posting on the state workforce agency job board, advertising in newspapers, and conducting additional recruitment steps.
If no qualified U.S. workers apply, the employer files Form ETA 9089 electronically through the PERM system. As of mid-2025, processing times average 12 to 16 months from filing to certification. Keep in mind that processing times vary, so applicants should check current Department of Labor data.
The Department of Labor may audit applications, requesting additional documentation to verify recruitment efforts and job requirements.
Once certified, the labor certification remains valid for 180 days. During this window, the employer must file Form I-140 (Immigrant Petition for Alien Workers) with USCIS to continue the green card process.
How do I get a green card through employment?
Employment-based immigrant visas fall into five preference categories under 8 U.S.C. § 1153(b). Let’s break them down:
EB-1 covers workers with extraordinary ability, outstanding professors and researchers, and multinational executives or managers.
EB-2 requires an advanced degree or exceptional ability.
EB-3 includes skilled workers, professionals, and other workers.
EB-4 applies to special immigrants.
EB-5 is for immigrant investors.
Each category has different requirements and annual numerical limits. EB-1 workers generally don’t need labor certification, making it faster than other categories. EB-2 workers may qualify for a National Interest Waiver, allowing them to skip labor certification if their work benefits the United States significantly.
EB-3 workers typically need PERM certification. Certain Schedule A occupations, such as registered nurses and physical therapists, may bypass PERM through a streamlined process.
After USCIS approves the immigrant petition, applicants wait for their priority date (the date their petition was filed) to become current. For nationals of countries like India and China, this wait can span several years due to per-country limits.
Once the priority date is current, applicants either adjust status if already in the United States or apply for an immigrant visa at a U.S. consulate abroad.
What are Florida’s E-Verify requirements?
Florida Senate Bill 1718, which became effective July 1, 2023, requires private employers with 25 or more employees to use E-Verify for all new hires. E-Verify is the Department of Homeland Security’s web-based system that electronically verifies employment eligibility.
Here’s what you need to know. Employers must verify each new employee within three business days of their first day of work and retain documentation for at least three years.
Even if E-Verify is temporarily unavailable, employers must still complete Form I-9 and document the system’s unavailability with screenshots or public announcements.
Non-compliance carries serious consequences. Beginning July 1, 2024, if the Florida Department of Economic Opportunity determines an employer failed to use E-Verify three or more times in any 24-month period, the agency may impose a $1,000 daily fine until the employer provides proof of compliance.
Violations can also result in suspension or revocation of state licenses, permits, and registrations required for business operations.
Employers participating in E-Verify must display notices informing job applicants of their participation and workers’ rights. These notices must appear in both English and Spanish in conspicuous locations where workers can easily see them.
Can I invest my way to permanent residency?
The EB-5 Immigrant Investor Program, established under 8 U.S.C. § 1153(b)(5), allows foreign nationals to obtain green cards by investing in U.S. businesses that create jobs.
The standard minimum investment is $1,050,000, or $800,000 if investing in a Targeted Employment Area (a rural area or area with high unemployment).
The investment must create or preserve at least 10 full-time jobs for U.S. workers within two years. Investors can make direct investments in new commercial enterprises or invest through USCIS-designated regional centers, which pool investor capital for specific projects. Regional center investments allow indirect job creation through economic modeling.
The EB-5 Reform and Integrity Act of 2022 established visa set-asides that are reserved annually for rural area projects (20%), high-unemployment area projects (10%), and infrastructure projects (2%). These set-asides help investors from oversubscribed countries like China and India avoid lengthy waiting periods.
Investors initially receive conditional permanent residence for two years. Before the two-year period ends, they must file Form I-829 to remove conditions by proving they sustained their investment and created the required jobs. After conditions are removed, investors receive unconditional green cards.
Note that EB-5 program requirements and availability are subject to change. Prospective investors should consult with an immigration attorney about the current status of the program.
Key Takeaways
Employment and business immigration opens doors for Florida companies seeking global talent and foreign nationals pursuing American opportunities.
H-1B visas bring professionals with specialty skills. L-1 visas transfer employees within international companies. E-2 visas allow treaty country nationals to develop U.S. businesses. The PERM labor certification process remains the gateway to most employment-based green cards, though some categories bypass this requirement.
Florida employers must comply with both federal immigration laws and state-specific requirements. Senate Bill 1718’s E-Verify mandate applies to private employers with 25 or more employees, creating compliance obligations beyond basic federal requirements. The EB-5 investor program provides a path to permanent residence for those with substantial capital to invest in job-creating enterprises.
Timing matters tremendously in immigration matters. PERM processing takes well over a year. H-1B petitions face annual caps and lottery selection. Green card backlogs can stretch for years depending on the applicant’s country of birth. Planning ahead and understanding all available options helps businesses and individuals make informed decisions about the best path forward.
Frequently Asked Questions
Can my company sponsor someone for an H-1B visa if they’re already working in the U.S. on OPT?
Yes. Optional Practical Training allows international students to work temporarily after graduation. Many employers sponsor OPT workers for H-1B status before their work authorization expires. The H-1B petition must be filed during the annual registration period, typically in March.
How long does the entire green card process take for an employee?
The timeline varies significantly based on the visa category and the employee’s country of birth. PERM labor certification alone takes 12-16 months. After PERM approval, the I-140 immigrant petition takes several months. Then comes the wait for visa availability, which can range from immediate availability to several years for applicants from India or China. The entire process often takes 2-4 years, or significantly longer for applicants from countries with substantial visa backlogs.
If my business invests in a regional center for EB-5, do the jobs need to be direct employees?
No. Regional center investments allow indirect job creation measured through economic modeling. This flexibility makes regional center investments more practical than direct investments, where all 10 required jobs must be direct employees of the new commercial enterprise.
Does E-Verify replace the I-9 requirement?
No. E-Verify supplements but does not replace Form I-9. Florida employers must complete I-9 forms for all employees and additionally verify new hires through E-Verify if they have 25 or more employees.
Can an L-1 visa holder apply for a green card?
Yes. L-1 status allows dual intent, meaning holders can pursue permanent residence while maintaining their nonimmigrant status. L-1A managers and executives often qualify for EB-1C green cards without labor certification, provided they meet the requirement of working for the company abroad for at least one year in the three years preceding the green card petition.
What happens if an E-2 investor’s business fails?
E-2 status depends on the continued operation of the qualifying business. If the business closes or becomes marginal, the investor loses the basis for E-2 status and must either change to another visa category or depart the United States.
Get Help With Your Employment Immigration Matter
Bringing international talent to your Florida business or pursuing work opportunities in the United States requires precision in documentation, timing, and strategy.
A single misstep in the PERM process can mean starting over. Missing an H-1B registration deadline means waiting another year. Failing to comply with E-Verify requirements can result in thousands of dollars in daily fines.
At Lim Krewson, we help Florida businesses and individuals work through employment and business immigration matters with clarity and confidence. Whether you need to sponsor an employee, obtain an investor visa, or ensure E-Verify compliance, we’re here to provide the guidance you need to move forward successfully.
Ready to discuss your situation? Contact us today to schedule a consultation and take the next step toward your immigration goals.