Companies and individuals in Central Florida weigh the L-1, O-1 and EB-5 for different goals. The L-1 transfers certain employees from a related company abroad, including to a new Orlando office, and can lead to a green card from L-1A. The O-1 fits people with extraordinary ability, and EB-5 offers a green card through investment. The guide explains who qualifies, how to choose among the three and what to prepare before meeting a lawyer at our Orlando office.
- The L-1 requires a qualifying relationship between the U.S. and foreign entities.
- A new office in Orlando is one L-1 scenario covered.
- The O-1 is for extraordinary ability; EB-5 is an investor green card.
- Choosing among them depends on your business and personal goals.
Introduction
Central Florida draws international companies in hospitality, tourism, simulation and training, aerospace and technology, along with entrepreneurs who want to build here. Three options come up again and again in our Orlando office: the L-1 intracompany transfer, the O-1 visa for people with extraordinary ability and the EB-5 investor green card. If you are planning a move or an expansion, call 1-844-YO-PELEO or contact us.
Vasquez Law Firm handles immigration law only, and our office is at 1111 E Amelia Street in Orlando. This page explains how each option works in general terms and what a business or individual should prepare before talking to a lawyer.
This page is general information, not legal advice. The categories are detailed, and requirements and policies change, so confirm the current rules with a lawyer before you act.
The L-1 Visa: Transferring Employees to an Orlando Company
The L-1 lets a multinational company transfer certain employees from a related company abroad to a U.S. office. The U.S. and foreign entities must have a qualifying relationship, such as parent and subsidiary, branch or affiliate, and both must be doing business. The employee generally must have worked for the related foreign company for at least one continuous year within the three years before the transfer.
There are two categories. L-1A covers managers and executives. L-1B covers employees with special knowledge of the company's products, services, research, procedures or other interests. An Orlando L-1 visa lawyer starts by reviewing the corporate relationship and the employee's actual duties, because job titles alone do not decide the category; the work the person performs does. For more detail, visit our L-1 visa services page.
Opening a New Office in Orlando
Foreign companies that do not yet operate in the United States can sometimes use the L-1 to send a manager or executive to open a new office. These petitions require evidence that the company has secured physical premises and that the U.S. operation will be able to support a managerial or executive position within a reasonable time. Initial approval for a new office is generally for a shorter period, and the extension request must show the business has actually grown.
When a company is comparing lawyers, it should ask how the lawyer plans to document the business plan, lease, staffing and funding, because those are the points USCIS tends to examine in a new-office case. The lawyer should also explain the extension stage at the outset, so the business knows what it must show a year later.
Real businesses change, and the petition should reflect reality. If the employee's duties change, the company restructures or ownership shifts, tell your lawyer before the extension is due, because those changes can affect eligibility. Records of staffing, revenue and the employee's actual role help show that the business is operating as described.
From L-1A to a Green Card
Many L-1A managers and executives later seek permanent residence through the EB-1C category for multinational managers and executives, which does not require a labor certification. Planning for that step early, by keeping the role clearly managerial and keeping corporate records in order, can make a later petition easier to support. A lawyer can map out the L-1 and green card steps together.
Clients who meet with us often ask about families as well: spouses and unmarried children under 21 may accompany the employee in L-2 status, and spouses may work. The rules for L-2 work authorization have changed in recent years, so check the current procedure before the spouse starts a job.
The O-1 Visa for Extraordinary Ability
The O-1 is for people who can show extraordinary ability. O-1A covers the sciences, education, business and athletics; O-1B covers the arts and the motion picture and television industry. Applicants must show sustained acclaim, usually through evidence such as major prizes received, published material about the applicant, original contributions of major significance, high salary, judging the work of others or a critical role for distinguished organizations. Each criterion has its own requirements.
The O-1 must be filed by a U.S. employer or a U.S. agent on Form I-129, and usually needs a written advisory opinion from a peer group, labor organization or management organization in the field. Orlando's entertainment, theme park and simulation sectors bring many O-1 questions. A lawyer reviews whether the evidence actually meets the criteria before filing, since an O-1 petition depends on documentation, not reputation. Bring a full portfolio: press, contracts, letters from people in your field and records of any prizes. Any lawyer you consult should be candid about weak criteria rather than filing on hope.
EB-5: Investing to Obtain a Green Card
The EB-5 program offers permanent residence to investors who place a qualifying amount of capital in a new commercial enterprise that creates at least ten full-time jobs for qualifying U.S. workers. Minimum investment amounts are set by law, are lower for targeted employment areas and are subject to adjustment, so we confirm the current figures for each case. The investor must also show that the money came from a lawful source.
Investors choose between a regional center project, where indirect jobs can be counted, and a direct investment in their own business, where the jobs generally must be created directly by that business. A lawyer will look at whether the business can realistically employ ten full-time workers and how the investor will be involved in running it. EB-5 approval first leads to conditional residence, followed by a petition to remove conditions that shows the investment was sustained and the jobs were created. See our investment immigration page.
Every option has limits worth knowing before you commit. The L-1 depends on the related company and the one-year requirement. The O-1 depends on the strength of the evidence and the sponsor. The EB-5 depends on lawful capital at risk, the project and the job creation. None of them works for everyone, and a good consultation should say so.
Another point is timing. A company that wants a person here quickly may use a temporary visa first, while an investor or professional who wants permanent residence may begin the green card process in parallel. Ask the lawyer how each plan affects status, travel and family members, and what will happen if one route is denied.
Choosing Among L-1, O-1 and EB-5
- L-1: for employees of a multinational company with a related U.S. entity. It is temporary, with a possible green card path.
- O-1: for individuals with documented extraordinary ability. It is temporary and renewable in increments.
- EB-5: for investors with lawful capital and a job-creating project. It leads to conditional, then permanent, residence.
Some clients qualify for more than one. A business owner might use an L-1 now and pursue EB-5 later, or an artist might hold an O-1 while a separate green card case is prepared. A lawyer should explain these trade-offs rather than defaulting to one visa.
Central Florida businesses often have unusual staffing patterns, such as seasonal workers, rotating managers and project-based teams. If your company has a pattern like that, tell us at the start, because it may affect which category fits and how the evidence should be organized.
How We Work With Business Clients
We meet business clients in person in Orlando and by video from anywhere, in English or Spanish. A first engagement usually follows these steps.
- Consultation. We learn about the company, the people involved and the business goals.
- Option review. We compare the L-1, O-1, EB-5 and other options against the facts.
- Evidence plan. We list corporate documents, business plans, financial records and personal evidence.
- Preparation. We prepare the petition or application and the supporting letters.
- Filing and follow-up. We file with USCIS and track the case, including requests for evidence.
- Next-stage planning. We plan the extension, the family's status and any later green card step.
We coordinate with the company's accountants and business advisors, because immigration cases draw on corporate, tax and financial records.
Document Checklist for a Business Immigration Consultation
- Corporate documents showing ownership and structure of the foreign and U.S. companies.
- Organizational charts showing the employee's position.
- The employee's resume, passport and prior U.S. visa records.
- For a new office: the lease, the business plan, bank records and funding evidence.
- For an O-1: press, contracts, letters and records of prizes and memberships.
- For EB-5: source-of-funds records and a summary of the proposed project.
- Tax returns and financial statements for the businesses involved.
Bring what you have. Business records are often held by an accountant or a foreign office, so start requesting them early.
If you have a start date for a project or a lease, tell the lawyer early. A realistic schedule works backward from that date, accounts for the time needed to collect documents and leaves room for a request for evidence, which is more common than many companies expect.
Ask your lawyer to put the plan in writing, including the filing order, the documents each person must supply and the dates when decisions are needed. A written plan also makes it easier for HR, finance and management to stay aligned.
Timeline and Processing Expectations for Orlando L-1 cases
The time each option takes differs widely, and it depends on the preparation, the agency and the facts. USCIS and the Department of State publish current processing information, and visa availability for EB-5 depends on the Visa Bulletin and on the investor's country of birth. These sources change, so we do not quote times. Preparation of evidence is often the longest stage for the L-1 and O-1.
The table below shows a general sequence for a temporary business visa petition.
| Stage | What happens | Who acts |
|---|
| Planning | The company and the employee are reviewed and the option is chosen | Company, employee and lawyer |
| Evidence gathering | Corporate, business and personal documents are collected | Company and employee |
| Petition | Form I-129 is filed with the evidence | Company or agent, through the lawyer |
| USCIS review | The petition is approved, denied or sent back for more evidence | USCIS |
| Visa or status | The employee applies at a consulate or changes status | Employee, with the consulate or USCIS |
Comparing Lawyers and Next Steps
Searches for the highest-rated EB-5 lawyer or the L-1 visa lawyer in Orlando return long lists. Instead of relying on rankings, and keeping in mind that Florida Bar rules do not allow a firm to claim it is better than others, ask how many steps the lawyer will handle, who reviews source-of-funds documents and how the lawyer coordinates with your accountant and business advisors.
Expect a frank discussion of risk, because EB-5 capital must be at risk to qualify and an L-1 new office petition depends on facts that can change. Be cautious about any lawyer who guarantees an outcome.
Cost Factors and Fee Breakdown for Orlando L-1 cases
The cost of a business immigration case depends on the option, the number of people and the stage.
| Item | Amount | Notes |
|---|
| Form I-129 filing fee | Check USCIS for the current fee | Applies to L-1 and O-1 petitions; additional fees may apply |
| EB-5 petition fee | Check USCIS for the current fee | Form I-526 or the current equivalent |
| Consular visa fee | Check the Department of State for current fees | Applies to employees applying abroad |
| Attorney fees | Varies by case | Explained in a written fee agreement |
Ask what the attorney fee covers and whether a response to a request for evidence is included. Companies should plan for the whole life of the case, including extensions.
Government fees change, so check the current instructions before you budget.
Whatever the option, keep your records organized and consistent. Officers compare what a company says in a petition with tax filings, payroll records, public information and earlier applications. A mismatch, even an innocent one, can lead to a request for evidence or a denial, so it is worth reviewing the full set of documents before anything is submitted.
Common Mistakes to Avoid for Orlando L-1 cases
- Relying on a job title instead of showing real managerial or executive duties in an L-1A case.
- Signing a lease or making a business plan for a new office that does not match the staffing the role requires.
- Filing an O-1 on reputation without documenting each criterion.
- Choosing an EB-5 project without reviewing where the funds came from and how jobs will be counted.
- Waiting until the approval is about to expire before planning the extension.
- Choosing one visa without comparing the options.
When to Call a Lawyer for Orlando L-1 cases
Call a lawyer when your company is planning to transfer an employee, open a new office, bring in a person of extraordinary ability or consider an EB-5 investment. Call early if an approval is about to expire or if you received a request for evidence or a denial. A lawyer can compare the options, explain the risks and tell you plainly whether a case is ready to file.
Related guides for a different focus: Central Florida L1 visa attorneys.
About Vasquez Law Firm
Vasquez Law Firm practices immigration law only. The firm's only office is at 1111 E Amelia Street in Orlando. We serve clients across Florida by phone and secure video, and we meet in person at the Orlando office. William J. Vásquez is the founding attorney. Consultations are offered in English and Spanish. We serve business clients throughout Florida and abroad by secure video. To talk about your situation, call 1-844-YO-PELEO or contact us.
Sources and References
Related services: L-1 visa services, 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.
