When you need a work visa, a green card for a relative, or defense in a deportation case, the most important thing is to speak early with an attorney who practices only immigration law. This guide explains the H-1B visa, which the employer files for a professional position that normally requires a degree, the family-based green card, the K-3 visa, and defense against a deportation order. Vasquez Law Firm's only office is in Orlando.
- The H-1B is filed by the employer, not by the worker on their own.
- Four processes are covered: H-1B, family-based green card, K-3, and deportation defense.
- There are no offices in other Florida cities; the work is done remotely or in Orlando.
- The rules change and each case depends on specific facts.
Introduction
If you live or work in Florida and need a work visa, a green card for a relative, or defense in a deportation case, the most important thing is to speak early with an attorney who practices only immigration law. This guide explains, in plain language, how four processes that many people in Florida frequently look for work: the H-1B visa, the family-based green card, the K-3 visa for spouses, and defense against a deportation order. If you would like your case reviewed, call 1-844-YO-PELEO or contact us.
Vasquez Law Firm has a single office, at 1111 E Amelia Street, Orlando, and serves clients throughout the state by phone, by secure video call, and in person in Orlando, in Spanish and English. We have no offices in other Florida cities, and work with clients in Miami, Tampa, Jacksonville, or Pensacola is done remotely.
This article is general information and not legal advice. The rules for work visas, residence, and immigration defense change frequently, and each case depends on specific facts. Use this guide to understand the overall picture, not to decide on your own which form to file.
When it makes sense to hire an H-1B visa attorney in Florida
The H-1B visa is a temporary work category for people who fill a professional position that normally requires a university degree in a specific field. The worker does not apply on their own: the employer files it. That is why someone searching for an H-1B visa attorney in Florida is usually, in reality, either the professional who wants to understand their options or the company that wants to hire them.
The attorney reviews whether the position qualifies, whether the worker's degree matches the position, which documents the company must prepare, and which deadlines apply. In general, many new petitions are subject to an annual limit and a selection process, although some employers are exempt from that limit, and these details change from year to year. A common mistake is waiting until the current status is about to expire; planning months ahead leaves more room to fix problems.
If you would like to learn about other employment categories, you can read about our work visas.
How the H-1B visa process works step by step
The exact process changes depending on the employer and the year, but in general terms it looks like this:
- The employer and the worker confirm that the position and the degree fit the category.
- When the petition is subject to the annual limit, the employer takes part in the electronic registration that USCIS announces each year.
- The employer prepares the labor condition application with the Department of Labor, which describes the position and the offered wage.
- The petition is filed with USCIS with documentation of the position, the employer, and the worker's degree.
- USCIS approves the petition, requests additional evidence, or denies it.
- If the worker is abroad, they apply for the visa at a consulate; if already in the country, the change of status is processed with the same petition.
- The worker begins working on the stated date and the employer meets the obligations of the labor condition.
The steps, forms, and registration deadlines are updated, so the current instructions from USCIS and the Department of Labor are the final reference.
Extensions, changing employers, and other work visas
Once the worker is in H-1B status, common questions arise. The visa is granted for a limited period and can be extended under the current rules, with a petition the employer files before the authorized period ends. If the worker changes employers, the new employer must file its own petition, and in certain cases the worker may begin in the new position while that petition is pending. Any significant change in the position, the work location, or the salary may require an amended petition, so it is wise to consult before making one.
The spouse and unmarried children under 21 of an H-1B worker can apply for H-4 status as dependents, which has its own rules on work permits and study. Those details change over time, so it helps to verify them before planning the household income.
Not every worker fits an H-1B. Depending on the case, other options may exist, such as the L-1 for transfers within the same company, the O-1 for people with extraordinary ability, or special categories for citizens of certain countries. And when the goal is to stay permanently, the employer can sponsor employment-based residence. An attorney compares these routes against your history and goals, so that you do not depend on a single alternative if the first one does not work.
Green card: how an attorney helps in the process
Many people look for help with a green card when they already know they want permanent residence but do not know which path to take. A green card can be obtained through family, an employer, an investment, humanitarian protection, and other routes. Each has its own requirements, forms, and risks.
Normally the person needs help with specific tasks: choosing between adjusting status inside the United States or processing the case through the consulate, completing the forms without contradictions, gathering identity documents and proof of the family relationship, and preparing for the interview. An incomplete form or an inaccurate answer about travel or background can delay the case or cause a denial.
Family-based green card: who can petition for whom
Families seeking a green card through a family tie almost always begin with the I-130 petition. The citizen or permanent resident files it on behalf of the relative. Spouses, unmarried children under 21, and parents of adult citizens are considered immediate relatives, and for them there is normally no line for visa numbers. Other relationships, such as siblings or adult children, fall into preference categories with waiting lists that vary.
To know whether your relative can process residence inside the country, the attorney reviews how they entered, whether they maintained their status, and whether there is any ground of inadmissibility that requires a waiver. This is the difference between a simple case and one that needs strategy. You can find more information on our green cards page.
K-3 visa: spouses of citizens who are outside the country
The K-3 visa was created so that the spouse of a U.S. citizen could wait in the United States while the family petition was being resolved. It is filed together with the I-130 and requires Form I-129F. Someone looking for a lawyer for a K-3 marriage visa should first ask whether that visa is still the right route in their specific case, because in some cases the I-130 petition alone and consular processing are enough.
The K-3 visa is not the same as the K-1. The K-1 is for fiance(e)s who have not yet married; the K-3 is for couples who already married in another country. Choosing wrongly can mean months of lost time. More information on these cases is at marriage-based immigration.
Deportation defense in Florida
A deportation proceeding normally begins with a Notice to Appear, which states the government's charges and how the first hearing before the immigration court will be scheduled. Failing to appear can result in a removal order issued in your absence, so the first rule is not to ignore any notice.
People looking for defense against deportation usually need someone to review whether the charges are correct, whether any kind of relief exists, such as asylum, cancellation of removal, adjustment of status, or waivers, and which deadlines are running. If someone is detained, the possibility of bond is also evaluated. If there is a criminal record, we work alongside the client's criminal defense attorney to understand the immigration effect, but we do not handle the criminal case. Read our page on defense against deportation.
The hearing in immigration court usually begins with a master calendar hearing, in which the judge verifies the person's information, asks whether they understand the charges, and sets dates to file applications for relief. Later there is an individual hearing in which the person testifies and presents evidence. If the case is decided against you, options such as appeal exist, but the deadlines are short. That is why it is important to have representation from the beginning, and not wait until the last hearing to look for help.
Document checklist for your first consultation
- Passport, visas, and the I-94 entry record.
- Notices from USCIS, the immigration court, or ICE.
- Marriage, birth, and divorce certificates.
- Prior applications and receipts.
- A list with dates of trips, addresses, and jobs.
- For H-1B cases, university degree, resume, and the job description.
- For deportation cases, the Notice to Appear and any court document.
Bringing this information helps make the first consultation useful, but if something is missing, do not wait: we can help you learn how to obtain it.
Timelines and expectations
Timelines vary by category, agency, and time of year. USCIS, the Department of Labor, consulates, and immigration courts publish their current times, and that information changes, so it is wise to check it directly. For H-1B visas, the annual registration and filing calendar also determines the key dates, and for family-based residence, the Visa Bulletin affects the categories with a wait.
No one can assure what the government will decide or when. What can be done is to plan ahead and keep documents organized. The table summarizes the usual stages of the four processes in general terms.
| Stage | What happens | Who acts |
|---|
| Evaluation | The category, immigration history, and risks are analyzed | Attorney and client |
| Preparation | Forms are completed and evidence is gathered | Client, employer or relative, and attorney |
| Filing | The petition or application is sent to the agency or court | Attorney and agency |
| Interview or hearing | An officer or a judge reviews the case, when applicable | Client, attorney, and agency or court |
| Decision | The case is approved, more evidence is requested, or it is denied | USCIS, consulate, or judge |
How to choose your attorney and how we work with clients statewide
Ask who will work on your file, how you will receive updates, in what language consultations are held, and whether the attorney practices only immigration law. Be wary of anyone who promises sure results or exact timelines, because no one can assure what the government will decide. Be careful with any attorney who guarantees an outcome.
We serve people in Miami, Tampa, Jacksonville, Fort Myers, Pensacola, and any other Florida city without requiring you to travel. The office is only in Orlando; the rest is done by phone, by video call, and by secure document exchange. If you prefer an in-person meeting, you can visit the Orlando office. When you are ready, contact us to schedule a consultation.
Cost factors and fee breakdown
The cost of these processes includes agency fees, document expenses, and attorney fees, and each item depends on the category.
| Item | Amount | Notes |
|---|
| H-1B petition and registration | Check USCIS for the current fee | Fees and additional charges are published on the USCIS site |
| Family petition (I-130) and K-3 (I-129F) | Check USCIS for the current fee | Each form has its own fee |
| Adjustment of status (I-485) | Check USCIS for the current fee | May include other forms |
| Immigration court charges | Check the court or agency for current fees | Depend on the type of application |
| Translations and document copies | Varies by case | Documents in another language require translation |
| Attorney fees | Varies by case | Ask for the agreement in writing before you begin |
Fees are updated regularly, and paying the wrong amount can cause your application to be rejected. Always verify the current amount on the official website before sending a payment.
For the H-1B visa, the law sets out which costs the employer must bear and which it cannot pass on to the worker. Ask your attorney how expenses are divided in your specific case and ask for it to be explained in writing.
Common mistakes to avoid
- Waiting until your status is about to expire to start planning a work visa.
- Choosing between K-3 and an I-130 petition without comparing the routes against your specific case.
- Filing a residence application without reviewing how you entered and what record you have.
- Ignoring a Notice to Appear or a summons from the immigration court.
- Submitting incomplete forms or forms with inaccurate answers about travel and background.
- Paying notaries or agents who are not attorneys for immigration advice.
- Trusting anyone who promises a sure result or an exact timeline.
When to call an attorney
It is wise to speak with an attorney if a company wants to hire you with a work visa, if your temporary status is about to expire, if a relative needs to process residence, if your spouse is abroad, if you received a Notice to Appear or a summons, or if a family member was detained. Call 1-844-YO-PELEO and have on hand the dates and notices you received, so that the first conversation is as useful as possible.
About Vasquez Law Firm
Vasquez Law Firm practices immigration law only. Our only office is at 1111 E Amelia Street, Orlando, and we serve clients throughout Florida by phone and secure video call, with in-person meetings in Orlando. William J. Vásquez is the founding attorney. Consultations are offered in Spanish and English. Call 1-844-YO-PELEO or write to us here.
Sources and references
Related services: work visas, immigration lawyers in Florida
Other ways people search for this help
People search for this help using different words. Related searches: immigration lawyer in Orlando for green card; K-3 marriage visa lawyer in Orlando, Florida; green card application lawyer florida; K-3 marriage visa lawyer in Florida; family based green card lawyer florida; deportation defense lawyers in Florida; h1b visa lawyers central florida.
This article is general information, not legal advice. Every case is different; speak with an immigration attorney about your situation.
