The first decision is temporary or permanent. Nonimmigrant visas are temporary and tied to a purpose such as tourism, study or a job, while immigrant visas lead to permanent residence. This guide covers visitor visas, employment-based temporary visas, EB green cards, H-1B basics and when hiring a lawyer helps. We work from a single Orlando office and by secure video, so a visa attorney near you can be someone you meet on screen.
- Temporary visas are tied to a purpose; permanent visas lead to residence.
- H-1B basics are explained for employers and workers.
- Remote video consultations are available to clients across the state of Florida.
- Check the current USCIS and State Department instructions before you apply.
Introduction
A visa case starts with one question: do you want to come to the United States for a limited purpose, or do you want to live here permanently? The answer decides which forms, which agency and which evidence apply. Vasquez Law Firm helps individuals, families and employers across Florida sort out that question and build the application. To start, call 1-844-YO-PELEO or contact us.
We work from our single office in Orlando and by secure video, so a visa attorney near you can mean someone you meet on screen the same day. This page covers temporary and permanent visas, visitor and tourist visas, employment-based categories and the situations where hiring a lawyer helps most.
This article is general information, not legal advice. Visa categories, caps and procedures change, so check the current instructions from USCIS and the State Department and speak with a lawyer about your facts.
Temporary or Permanent: The First Decision
U.S. immigration law divides visas into two families. Nonimmigrant visas are temporary and tied to a purpose, such as tourism, study or a specific job. Immigrant visas lead to lawful permanent residence, the green card. When people search for a permanent visa attorney, they usually mean an immigrant visa or green card case, while someone looking for a temporary visa attorney usually needs a work, study or visitor visa.
The difference matters because many temporary visas require you to show that you intend to return home. Applying for one while planning to stay permanently, or changing plans after arrival, can raise questions at the consulate or with USCIS. A lawyer looks at your real goals first and then recommends a category that fits them honestly.
Once the category is chosen, most visa matters follow a similar outline:
- Identify the goal, the time frame and who the sponsor or petitioner will be.
- Choose the category and confirm that you meet its eligibility rules.
- Gather evidence, such as identity, education, job or relationship documents.
- File the petition with USCIS or apply at a U.S. embassy or consulate, as the category requires.
- Attend any biometrics appointment, interview or inspection.
- Track the decision, the end date of your status and any extension or next step.
Visitor and Tourist Visas
The B-2 visitor visa covers tourism, visiting family and medical treatment; the B-1 covers certain business activities such as meetings and conferences. Applicants generally must show strong ties to their home country. Consular officers often refuse visitor visas under section 214(b) of the Immigration and Nationality Act when they are not convinced the applicant will return.
A search for a tourist visa lawyer often comes from a Florida family whose parent or sibling was refused at a consulate. A lawyer cannot overturn a consular refusal by appeal, but can review what changed in the applicant's situation and whether a new application makes sense. For visitors already in Florida, a lawyer can also review requests to extend a stay or change status with Form I-539, and explain why working on a visitor visa is not allowed.
Employment-Based Temporary Visas
Temporary work visas usually depend on a U.S. employer, a specific job and a petition filed with USCIS. Common categories include:
- H-1B for specialty occupations that require at least a bachelor's degree or equivalent; see our H-1B visa page.
- L-1 for managers, executives and employees with advanced, company-specific knowledge transferring from a related company abroad.
- O-1 for individuals with extraordinary ability or achievement in their field.
- TN for certain Canadian and Mexican professionals under the USMCA.
- H-2A and H-2B for temporary or seasonal agricultural and non-agricultural work.
Our work visa practice helps employers choose the right category, prepare the petition and plan for extensions or a later green card. Each category has its own eligibility rules, and some are limited by annual caps or lotteries, so timing varies from case to case.
Employment-Based Green Cards (EB Categories)
Someone looking for an EB visa attorney is usually considering an employment-based immigrant visa. The main categories are:
- EB-1 for people with extraordinary ability, outstanding professors and researchers, and certain multinational managers and executives.
- EB-2 for professionals with advanced degrees or exceptional ability, including the National Interest Waiver, which can remove the need for a job offer.
- EB-3 for skilled workers, professionals and certain other workers, usually after the employer completes labor certification with the Department of Labor.
- EB-5 for qualifying investors.
Most EB cases involve a petition on Form I-140 (or Form I-526E for investors), followed by adjustment of status inside the U.S. or consular processing abroad. Wait times depend on the category and the applicant's country of birth, as shown in the State Department's monthly Visa Bulletin, so a lawyer can tell you what to expect only after looking at your specific facts.
Document Checklist for a Visa Consultation
- Your passport, current and expired visas, and your I-94 record.
- Any prior visa refusal letters or USCIS notices.
- A résumé and copies of diplomas and transcripts for work-based cases.
- The job offer letter or a description of the position, if an employer is involved.
- Records of any arrests, charges or court cases, anywhere in the world.
- Marriage, birth or other civil records if a family relationship is involved.
- Business records and financial documents for investor or employer cases.
Bring what you have, and write down your travel history and the dates of every stay in the United States. Those details often decide which options are open.
Timeline and Processing Expectations for temporary and permanent visa cases
Timing varies by category. Some visitor visas depend mainly on consulate appointment availability, while employment petitions may be subject to annual selection or caps and immigrant cases depend on the Visa Bulletin and USCIS workloads. USCIS and the State Department publish current processing information, and we do not quote numbers here because they change.
Plan early and avoid making firm travel, hiring or business commitments before a visa is approved. If a deadline is tied to a school year, a job start date or an expiring status, tell your lawyer at the first meeting so the strategy can account for it.
| Stage | What happens | Who acts |
|---|
| Goal and category | Lawyer compares temporary and permanent options for your facts | Applicant and lawyer |
| Petition or application | Employer files with USCIS or applicant applies at a consulate | Employer, applicant or lawyer |
| Evidence and review | USCIS or the consulate reviews and may request more evidence | USCIS or consulate |
| Interview or inspection | Consular interview or border inspection, as applicable | Applicant and officer |
| Admission and next steps | Status begins; extensions or a green card are planned | Applicant, employer and lawyer |
H-1B Basics for Employers and Workers
Because the H-1B is the most commonly discussed work visa, it deserves a closer look. The job must be a specialty occupation, meaning it normally requires at least a bachelor's degree or equivalent in a specific field, and the worker must have that education or equivalent experience. The employer files a petition with USCIS, and the petition must include wage information and an approved labor condition application from the Department of Labor.
Most private employers are subject to an annual cap, and cap-subject cases go through a registration and selection process before a petition can be filed. Whether a particular employer is cap-exempt, for example certain universities and nonprofit research organizations, depends on its status. H-1B status is granted for a limited period and can be extended within the maximum allowed by law, and some workers later move to a green card. A lawyer can review the job duties, the degree match and the wage level, which are the points most often questioned. See our H-1B visa page for more detail.
When to Hire a Lawyer for a Visa
A visa lawyer is most valuable before something goes wrong. Consider speaking with a lawyer if:
- You were refused a visa before, or you were denied entry at a port of entry.
- You overstayed a prior visa, even briefly.
- You have any arrest or conviction anywhere in the world.
- You want to change from one status to another without leaving the U.S.
- Your employer is sponsoring you and you want to understand your own options.
- You received a Request for Evidence or a notice of intent to deny.
Past immigration violations can trigger bars to returning, and some of those bars are triggered by the act of leaving the country. That is a question to ask before booking a flight to a consular interview.
Choosing Among Visa Lawyers Across Florida
Many people compare several lawyers before deciding, and that is wise. Ask whether the lawyer handles your visa category regularly, who will prepare the filing, how the firm will update you, and whether the fee and scope of work will be written in an engagement agreement. Avoid anyone who promises approval; consular officers and USCIS make the final decision. A short consultation is the most direct way to see whether a lawyer explains your options clearly. Notice whether the lawyer asks about your goals before naming a visa, whether the answers are specific to your facts and whether the risks are described as plainly as the benefits. It is also reasonable to ask how the firm handles a denial or a request for evidence, and what would be treated as additional work under the agreement.
How We Serve Clients Throughout Florida
Our only office is at 1111 E Amelia Street in Orlando. We serve visa clients and employers in Miami, Tampa, Jacksonville, Fort Lauderdale and the rest of Florida through video consultations and phone calls, and we meet in person in Orlando when clients prefer. Consultations are available in English and Spanish. If you want a clear plan for your visa, we can start with a conversation about your goal, your history and your deadlines.
Cost Factors and Fee Breakdown for temporary and permanent visa cases
The table lists the main cost categories in visa cases. No amounts appear because fees depend on the form, the category and the year.
| Item | Amount | Notes |
|---|
| USCIS petition or application fees (such as Forms I-129, I-140, I-539) | Check USCIS for the current fee | Differ by form and sometimes by employer type |
| Consular visa application fee | Check the State Department for the current fee | Paid for most visa applications processed abroad |
| Department of Labor steps (labor certification), if required | Check the agency for current fees | Applies mostly to certain employment-based green cards |
| Medical exam, translations and document costs | Varies by case | Depend on providers and the documents involved |
| Attorney fees | Varies by case | Depend on category, number of people and the written scope of work |
Government filing fees change, and they differ by form and sometimes by the applicant's circumstances. Always check the agency's current fee schedule before you send any payment, because a filing submitted with the wrong fee can be rejected and the delay can matter. In employer cases, ask which costs belong to the company and which, if any, the worker may be responsible for under the rules of that category.
Attorney fees are separate from government fees and depend on how complex the matter is. Ask for the scope of work in a written agreement, including whether responses to requests for evidence, interview preparation and later filings are included. Be cautious about any lawyer who guarantees an outcome, because the agency or consulate makes the final decision.
Common Mistakes to Avoid for temporary and permanent visa cases
- Applying for a temporary visa while planning to stay permanently without discussing it with a lawyer.
- Booking travel to a consular interview before checking whether past overstays create a bar.
- Working on a visitor visa or beyond the terms of another visa.
- Letting an extension request go late because the I-94 end date was not checked.
- Answering visa questions inconsistently across applications over the years.
- Hiding a past arrest or refusal instead of explaining it.
- Choosing a lawyer who promises approval.
When to Call a Lawyer for temporary and permanent visa cases
Speak with a visa lawyer when you are unsure which category fits, after any refusal or Request for Evidence, when you have a prior overstay or arrest, and before you leave the United States if your status is uncertain. Employers should call before making a job offer to a foreign worker. Early planning is often what makes the difference between a straightforward case and one that is difficult to repair later. If you are unsure whether your situation is serious enough for a consultation, it usually is when a deadline, a prior refusal or a change of status is involved, and a short conversation can confirm whether more help is needed.
Related guides for a different focus: E-3, H-2 and visitor visa lawyer.
About Vasquez Law Firm
Vasquez Law Firm practices immigration law only. Our only office is at 1111 E Amelia Street in Orlando, and we serve clients across Florida 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. Employers and individuals can start with a conversation about the job or goal, and we explain realistic options without promising approval. To talk about your case, call 1-844-YO-PELEO or contact us.
Sources and References
Related services: H-1B and work 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.
