Orlando employers mainly bring in foreign professionals through two temporary work visas: the H-1B for specialty occupations and the L-1 for transfers within a multinational company. The H-1B fits a new hire with a qualifying degree; the L-1 fits an existing employee of a foreign affiliate moving to a U.S. office. An H-1B visa attorney in Orlando helps the employer choose the right category, file a petition that meets the legal standard and plan for extensions or a green card. Choosing the wrong one can cost months.
- H-1B is for specialty occupations; L-1 is for intracompany transfers within a multinational.
- H-1B fits a new hire with a qualifying degree; L-1 fits an existing affiliate employee.
- Some Orlando companies use both categories, depending on the worker and role.
- Registration rules, wage requirements and fees have changed, so confirm current requirements.
Introduction
Orlando employers bring in foreign professionals mainly through two temporary work visas: the H-1B for specialty occupations and the L-1 for transfers within a multinational company. An H-1B visa attorney in Orlando helps the employer choose the right category, file a petition that meets the legal standard, and plan ahead for extensions or a green card. To discuss your case, call 1-844-YO-PELEO or contact us.
This guide explains both visas and how our Orlando office works with employers and employees. It is written for human resources managers, business owners and foreign professionals who want to understand the process before they hire or accept a job offer.
This page is general information, not legal advice. Registration rules, wage requirements, forms and fees have changed in recent years and may change again, so confirm current requirements with USCIS and the Department of Labor, and speak with a lawyer about your facts.
Immigration Help for Orlando Residents and Employers
The Orlando area's economy includes software and simulation companies, engineering and aerospace contractors, hospitals and research groups, universities, and international hospitality brands. Those employers often need professionals with specific degrees or with knowledge of a company's systems abroad. The H-1B fits a new hire with a qualifying degree; the L-1 fits an existing employee of a foreign affiliate who is moving to a U.S. office. Some companies use both, and choosing the wrong one can cost months.
Individual workers come to us as well. A professional who has received a job offer wants to know whether the employer can sponsor, what the visa allows, how long it lasts and whether a spouse can come. A worker already in the United States wants to know what happens when a job ends or a better offer arrives. These questions are easier to answer before a decision is made than after.
The H-1B Visa in Plain Terms
The H-1B is for a "specialty occupation," a job that normally requires at least a bachelor's degree, or its equivalent, in a specific field. The basic steps are:
- Cap registration, if the cap applies. Most new H-1B workers are subject to an annual numerical cap and must be selected in USCIS's electronic registration process before a petition can be filed. Employers such as universities and certain affiliated nonprofit or government research organizations may be cap-exempt.
- Labor Condition Application. The employer files an LCA with the U.S. Department of Labor, attesting to the wage and working conditions.
- Form I-129 petition. The employer files with USCIS, showing the job qualifies and the worker has the right degree or equivalent experience.
- Visa or change of status. A worker abroad applies for a visa at a U.S. consulate; a worker already in the U.S. in another status may change status if eligible.
H-1B status is generally granted for up to three years at a time, with a six-year overall limit that can be extended in some cases when a green card process is underway. Spouses and children may qualify for H-4 status. Rules on the registration process and wage requirements have changed in recent years, so an Orlando H-1B visa attorney checks the current rules before each filing season.
Many workers who come to us are changing jobs. A worker already in H-1B status can often begin working for a new employer once the new employer's petition is properly filed, under the portability rules, but the details matter. Read more on our H-1B visa services page.
The L-1 Visa for Intracompany Transferees
The L-1 lets a multinational company transfer an employee from a related foreign company (parent, branch, subsidiary, or affiliate) to its U.S. operation. The employee generally must have worked for the related foreign company for at least one continuous year within the three years before the petition.
- L-1A covers managers and executives. It can be a path toward an employment-based green card for multinational managers.
- L-1B covers employees with advanced, company-specific knowledge of the company's products, processes, or procedures.
- New office L-1 petitions apply when a foreign company is opening its first U.S. location, and they come with a shorter initial approval period and added evidence about the business plan and premises.
Large companies may hold a blanket L approval that lets qualifying employees apply directly at a consulate. Often the person asking about an L-1 is a foreign owner setting up a Central Florida subsidiary. An L-1 attorney reviews the corporate relationship, the employee's role abroad, and the planned U.S. role before filing. Details on that work appear on our L-1 visa page.
H-1B or L-1: How a Lawyer Helps You Choose
The two visas answer different questions, and a lawyer compares them against the facts of the employee. Look at who qualifies, whether a cap applies, whether a wage filing with the Department of Labor is required, and which category covers the spouse. Employees who qualify for the L-1 may let the employer avoid the H-1B lottery entirely, while an employee who has not worked abroad for the company for a full year may have only the H-1B available in the near term.
- Who qualifies: H-1B for workers with a specialty-occupation degree or equivalent; L-1 for employees of a related foreign company for one year in the past three.
- Annual cap: H-1B for most employers; no cap for L-1.
- Wage filing with the Department of Labor: an LCA for the H-1B; none for the L-1.
- Spouse category: H-4 for the H-1B and L-2 for the L-1.
Lawyers who handle both visas often look at both options for the same employee. The right choice also depends on the long-term plan, since the L-1A can lead to a manager-based green card, while the H-1B may lead to a PERM-based case.
How We Work With Orlando Clients
Vasquez Law Firm is an Orlando firm in the plain sense that our only office is here, at 1111 E Amelia Street, and immigration law is all we do. We meet employers and employees in person in Orlando and work with companies and workers across Florida by phone and secure video. A typical engagement follows these steps:
- An initial consultation about the employer, the position and the employee's background.
- A comparison of H-1B, L-1 and other options, with a written explanation of the risks.
- Preparation of the registration, Labor Condition Application or corporate evidence.
- Filing of the petition and monitoring of receipts and notices.
- Response to any request for evidence and planning for the visa or status change.
- Follow-up on extensions, transfers and green card planning.
Consultations are available in English and Spanish. Interviews take place at the consulate or government office listed on your notice.
Document Checklist for Employers and Workers
- A job description, offered wage, and work location for the U.S. position.
- The worker's degrees, transcripts, any credential evaluation, and résumé.
- Passport, current visa, I-94, and prior approval notices.
- For L-1 cases: organizational charts, ownership documents showing the corporate relationship, and proof of the employee's role and dates abroad.
- Company records such as tax returns and payroll information.
- Any prior denials, Requests for Evidence, or status gaps.
Gather what you have before the consultation. Missing items can often be replaced or explained, but the lawyer needs to know what is missing early.
Employers new to sponsorship should also know that hiring a foreign worker brings continuing duties: completing the employment eligibility verification form, keeping the public access file for H-1B cases, notifying the agency of material changes such as a change in worksite or duties, and keeping the worker's pay consistent with the application. A short internal checklist reviewed by the lawyer once a year can prevent small oversights from turning into compliance problems.
Timeline and Processing Expectations
H-1B timing is driven by the annual registration calendar for cap-subject employers, while extensions, transfers and cap-exempt cases can be filed at other times. L-1 timing is driven by the corporate facts and the consulate or USCIS office. USCIS and the State Department publish current processing information on their websites, and USCIS may offer premium processing for certain petitions for a separate fee. Because these things change, we do not quote times.
Plan around the worker's start date and the expiration of the current status. Employers who wait until the last month to file a petition risk a gap in work authorization, and workers who rely on an estimated approval date may find that the date has moved.
| Stage | What happens | Who acts |
|---|
| Category choice | Compare H-1B, L-1 and other options | Employer, employee and lawyer |
| Registration or corporate evidence | H-1B registration if the cap applies; L-1 organizational documents | Employer and USCIS |
| Labor Condition Application | Wage and conditions attestation for the H-1B | Employer and Department of Labor |
| Petition filing | Form I-129 with evidence | Employer and USCIS |
| Visa or status change | Consular visa or change of status, then work start | Employee, consulate or USCIS |
Responding to Requests for Evidence and Planning Extensions
A request for evidence is common in both visa types and is not a denial. In H-1B cases, officers often ask about the specialty-occupation nature of the job or the worker's qualifications. In L-1 cases, they often ask about the corporate relationship, the worker's role abroad or the new office's business plan and premises. The response has a strict deadline, and it should answer exactly what the notice asks.
Extensions should be planned well before expiration. Employers should confirm that the job, worksite and wage still match what was approved, and workers should keep records of their time in the United States. Ask how the lawyer tracks deadlines such as cap registration and extension dates, who drafts the support letters and how you will be updated during the process. No lawyer can promise an approval, because USCIS decides each petition on its record.
Planning for a Green Card After H-1B or L-1
Both visas are temporary, so employers and workers should think about permanent residence from the start. For H-1B workers, the usual route is employer sponsorship through PERM labor certification, followed by an immigrant petition and then an application for the green card. For L-1A managers and executives of multinational companies, a separate employment-based category may allow sponsorship without a labor certification, depending on the facts.
H-1B is a dual-intent status, which means that pursuing a green card does not by itself make the worker ineligible. L-1 workers can also pursue permanent residence, but the facts and the timing need to be reviewed with care. A lawyer can explain how the time limits on each status interact with the green card steps, and what to do if a visa number is not yet available when the status is about to run out.
Spouses and children should be included in the plan. Their status, their eligibility to study or work and their own deadlines are tied to the principal worker's case, so any change in the worker's job or status should be reviewed for its effect on the family.
Cost Factors and Fee Breakdown
Costs include government fees, optional premium processing and legal fees.
| Item | Amount | Notes |
|---|
| H-1B registration fee, if required | Check USCIS for the current fee | Paid by the employer |
| Form I-129 petition and added fees | Check USCIS for the current fee | Added fees can depend on the classification and employer |
| Premium processing | Check USCIS for the current fee | Optional and available only for some petitions |
| Consular visa fee | Check the court or agency for current fees | Applies to workers applying abroad |
| Legal fees | Varies by case | Depends on the category and the evidence needed |
Program rules may require the employer to pay certain H-1B costs, so ask for a written explanation of who pays what. Fee schedules change, so confirm current amounts before filing.
Legal fees vary with the complexity of the case. An L-1 new office petition often needs more evidence than an extension for an existing employee, and an H-1B case with a worksite change may need added filings. Ask what is included in the quote.
Common Mistakes to Avoid
- Choosing the H-1B by default without checking whether an L-1 would avoid the cap.
- Waiting until the registration period has started to gather the worker's degree evidence.
- Describing the job so broadly that it does not look like a specialty occupation.
- Filing an L-1 petition without enough proof of the corporate relationship.
- Letting a worker start before the correct status or approval is in place.
- Waiting until the last month to file an extension.
- Relying on an unlicensed preparer instead of a licensed attorney.
When to Call a Lawyer
Call a lawyer before you offer a job to a foreign worker, before a worker changes jobs or locations, before the registration season, and right away if you receive a request for evidence or denial. Whether you need help with a cap case, an L-1 petition for a new office, or an extension, early advice usually saves time. Call 1-844-YO-PELEO or contact us to schedule a consultation.
About Vasquez Law Firm
Vasquez Law Firm practices immigration law only. Our only office is at 1111 E Amelia Street in Orlando. We serve Florida employers and workers by phone and secure video, with in-person meetings in Orlando. William J. Vásquez is the founding attorney, and consultations are available in English and Spanish. Call 1-844-YO-PELEO or contact us.
Sources and References
Related services: H-1B visa lawyers, immigration lawyers in Florida
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This article is general information, not legal advice. Every case is different; speak with an immigration lawyer about your situation.
