Work Visa Lawyer in Miami

U.S. work visas allow foreign nationals to live and work in the United States temporarily based on employment. The most common categories are H-1B (specialty occupation), L-1 (intracompany transferee), O-1 (extraordinary ability), TN (NAFTA/USMCA professionals), and E-2 (treaty investor). Godoy Law P.A. handles work visa petitions and renewals for both employers and individual beneficiaries based in South Florida.

Common Work Visa Categories

H-1B Specialty Occupation

The most-used professional work visa. Requires a U.S. employer to sponsor a foreign worker in a position that requires at least a bachelor’s degree in a specific field. The H-1B is capped (65,000 plus 20,000 for U.S. master’s degree holders annually) and uses a March lottery for selection. Initial H-1B is valid for three years and can typically be extended for a total of six years, with some longer-period options if a green card case is in progress.

L-1 Intracompany Transferee

For employees of multinational companies transferring to a U.S. office. L-1A is for managers and executives; L-1B is for employees with specialized knowledge. Requires at least one continuous year of employment with the qualifying foreign entity in the past three years. L-1A allows up to seven years; L-1B up to five. Especially common for South Florida companies with Latin American operations.

O-1 Extraordinary Ability

For individuals with extraordinary ability in sciences, arts, education, business, or athletics, or extraordinary achievement in film and television. Requires extensive evidence of national or international recognition – awards, publications, press coverage, expert testimony, and high salary are typical. Initial period up to three years, renewable in one-year increments.

E-2 Treaty Investor

For nationals of treaty countries who invest substantial capital in a U.S. business. There is no fixed minimum, but the investment must be substantial relative to the business and must be at risk. The visa is valid for the period of the treaty, often two to five years, and can be renewed indefinitely as long as the business and investment continue. Many South Florida small-business owners hold E-2 status.

TN Professionals (USMCA)

For Canadian and Mexican professionals in specific listed occupations. Renewable indefinitely in three-year increments. The list of qualifying occupations is fixed and detailed; we confirm fit before filing.

EB-5 Investor Green Card

Permanent residence based on investment in a U.S. business that creates jobs. Standard EB-5 requires $1.05 million investment (or $800,000 in targeted employment areas) and creation of 10 full-time U.S. jobs. EB-5 leads directly to a conditional green card, then to permanent residence after meeting the investment and job creation requirements.

Employer-Based vs Individual-Based Petitions

Most work visas require employer sponsorship. The U.S. employer is the petitioner; the foreign worker is the beneficiary. The employer pays certain fees and signs the petition. Some categories allow self-petition (O-1 in some structures, E-2, certain EB-1 cases, and EB-2 National Interest Waiver). We work with both sides of the case and can represent either the employer or the beneficiary depending on the engagement.

Green Cards Through Employment

Most work visas are temporary, but they can lead to a green card. The employment-based green card process typically involves three steps:

PERM Labor Certification: the employer tests the U.S. labor market for the position; required for most EB-2 and EB-3 cases
Form I-140 immigrant petition: filed by the employer with USCIS based on the approved PERM
Adjustment of status (if in the U.S.) or consular processing (if abroad): the final step to permanent residence

Certain categories skip PERM. EB-1 (extraordinary ability, outstanding researchers, multinational managers) and EB-2 National Interest Waiver cases go directly to I-140.

Common Issues in Work Visa Cases

RFEs and Denials

USCIS frequently issues Requests for Evidence (RFEs) on work visa cases. Strong initial filings reduce RFE rates. When an RFE comes, the response window is typically 87 days – not much time to gather expert opinions, additional employer documentation, or other supporting evidence. We prepare RFE-ready filings from the start.

Spouse and Children Status

Most work visa categories include derivative status for spouses (-2 status, e.g. H-4, L-2, O-3) and unmarried children under 21. Some derivatives can work; some cannot. L-2 and E-2 spouses can generally work; H-4 spouses can work in limited circumstances tied to the principal’s green card progress. We confirm work eligibility for the whole family during the consultation.

Status Changes and Extensions

Switching between visa categories (for example, H-1B to O-1, or H-1B to E-2 as a business owner) requires careful timing and the right filing – either change of status while in the U.S. or visa application abroad. Travel during a pending change-of-status application can abandon the application. We plan timelines so clients are not stuck waiting.

Meet Our Attorney

Hilmarys Godoy-Villard, Esq.

Hilmarys Godoy-Villard, Esq. is the founding attorney of Godoy Law P.A. in Miami, Florida. She represents clients in family-based immigration, citizenship, deportation defense, asylum, and Temporary Protected Status cases. She is admitted to the Florida Bar and practices in English, Spanish, and Haitian Creole.

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FAQ

Frequently Asked Questions

How long does an H-1B petition take?

After H-1B selection in the March lottery, the case is filed during the April filing window. Standard processing currently runs 3 to 6 months from filing. Premium processing (additional fee) typically gives a decision in 15 business days. The H-1B start date is October 1 for new cap-subject filings.

Can I bring my family on a work visa?

Yes for most categories. Spouses and unmarried children under 21 typically qualify for derivative status. Work authorization for derivative spouses varies by category - L-2 and E-2 spouses can generally work; H-4 spouses can work only in limited circumstances. Children on derivative status cannot work.

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

H-1B requires a U.S. employer to sponsor a foreign worker in a specialty occupation requiring a bachelor's degree in a specific field; selection is by annual lottery. L-1 requires that the worker have been employed by the company's foreign affiliate for at least one year in the past three; no lottery and no annual cap. Companies with foreign operations often prefer L-1 because the timing is more predictable.

How do I qualify for an E-2 investor visa?

You must be a national of a country that has an E-2 treaty with the U.S., make a substantial investment in a real and active U.S. business, hold a majority interest in the business (or be in a key role if employed), and be coming to the U.S. to develop and direct the enterprise. There is no fixed minimum investment, but the investment must be substantial relative to the business cost and must be at risk.

Can I switch from a work visa to a green card?

Yes. Most work visa categories can transition to employment-based green cards (EB-1, EB-2, EB-3, EB-5) or family-based green cards if a qualifying family relationship exists. The work visa keeps you in valid status while the green card application is pending. Timing matters - some categories require maintaining the underlying status until adjustment of status is filed.

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