Florida’s economy — tourism and hospitality, health care, agriculture, technology, finance, aerospace, and the international trade that flows through Miami — depends on workers from around the world. If you are an employer in Miami, Tampa, Orlando, or Jacksonville hiring foreign talent, or a professional hoping to work in Florida, this guide explains the main temporary work visas and the employment-based green-card categories.

Work-based immigration is federal law — the Immigration and Nationality Act (INA), 8 U.S.C., and 8 C.F.R. — administered by U.S. Citizenship and Immigration Services (USCIS), the U.S. Department of Labor (DOL), and the U.S. Department of State. No Florida statute creates work visas. This is general information, not legal advice; consult an immigration attorney about your specific case.

Temporary (nonimmigrant) work visas

Temporary visas let a person work in the U.S. for a defined period and purpose. The most common include:

  • H-1B — specialty occupation. For jobs that normally require at least a bachelor’s degree in a specific field. The H-1B is subject to an annual cap and an electronic registration lottery; the employer files a Labor Condition Application with DOL and then Form I-129 with USCIS. Governed by INA § 101(a)(15)(H).
  • L-1 — intracompany transferee. For executives, managers (L-1A), or employees with specialized knowledge (L-1B) transferring from a related company abroad — common for the multinational firms with Latin American operations based in South Florida.
  • O-1 — extraordinary ability. For individuals with extraordinary ability in the sciences, arts, business, athletics, or the motion picture/TV industry.
  • TN — USMCA professionals. For Canadian and Mexican citizens in designated professions under the United States–Mexico–Canada Agreement.
  • E-1 / E-2 — treaty traders and investors. Especially relevant in Florida, where many entrepreneurs from treaty countries open and run businesses.
  • H-2A / H-2B — temporary agricultural and non-agricultural workers. Important to Florida agriculture, landscaping, and seasonal hospitality.

The H-1B cap and lottery in more detail

Because demand far exceeds the annual H-1B cap, USCIS runs an electronic registration process; employers register candidates, and USCIS selects registrations by lottery. Only selected registrations may file the full petition. Certain employers — including many universities and nonprofit research organizations — are cap-exempt. The H-1B is generally granted for up to three years and can be extended, with rules that can allow extensions beyond six years when a green-card process is underway.

Employment-based green cards (permanent)

For permanent residence through work, the INA creates five preference categories (INA § 203(b), 8 U.S.C. § 1153(b)):

  • EB-1: persons of extraordinary ability, outstanding professors and researchers, and certain multinational managers and executives. No labor certification required.
  • EB-2: professionals with advanced degrees or exceptional ability. Usually requires PERM labor certification, unless the applicant qualifies for a National Interest Waiver.
  • EB-3: skilled workers, professionals, and certain other workers. Requires PERM labor certification.
  • EB-4: certain special immigrants (for example, some religious workers).
  • EB-5: immigrant investors who invest the required capital and create the required jobs — an option some use in Florida real-estate and business projects.

PERM labor certification and the I-140

Most EB-2 and EB-3 cases begin with PERM labor certification from the U.S. Department of Labor. The employer tests the U.S. labor market through required recruitment and obtains a prevailing-wage determination to show no qualified, willing U.S. worker is available at the offered wage. After PERM is certified, the employer files Form I-140, Immigrant Petition for Alien Worker, with USCIS. The I-140 filing date (or the PERM filing date) sets the priority date.

Priority dates, the Visa Bulletin, and the final step

Like family categories, employment green cards are numerically limited, so the immigrant waits until the priority date is current under the monthly Visa Bulletin. When it is, the worker either files Form I-485 to adjust status inside the U.S. (with an interview possible at a Florida USCIS field office) or completes consular processing abroad. Spouses and unmarried children under 21 can usually obtain green cards as derivatives. For how adjustment works, see family-based green cards in Florida, which covers the I-485 process that employment cases also use.

Florida state law: E-Verify and SB 1718

Federal law requires every employer to verify work eligibility using Form I-9. On top of that, a Florida statute — Senate Bill 1718 (2023), which is state law, not immigration law — expanded mandatory E-Verify use to private employers with 25 or more employees and added related penalties. Employers in Florida should understand both the federal I-9/E-Verify rules and the state requirements, while remembering that SB 1718 does not change anyone’s federal immigration status or work-visa eligibility.

How this fits the bigger picture

An employment green card can lead to U.S. citizenship — see citizenship and naturalization in Florida. For the full landscape, see our complete guide to immigration law in Florida.

Frequently asked questions

How does the H-1B lottery work?

Because demand exceeds the annual cap, employers electronically register candidates with USCIS, which then selects registrations by lottery. Only selected registrations may file the full H-1B petition. Some employers, such as many universities and nonprofit research institutions, are cap-exempt and can file outside the lottery.

What is PERM labor certification?

PERM is a Department of Labor process used in most EB-2 and EB-3 green-card cases. The employer conducts required recruitment and obtains a prevailing-wage determination to show no qualified, willing U.S. worker is available at the offered wage. After certification, the employer files Form I-140 with USCIS.

Does Florida require E-Verify?

Yes, to an extent. All employers must complete the federal Form I-9. Florida’s SB 1718 (a state law) additionally requires private employers with 25 or more employees to use E-Verify. It is state employment law, not immigration law, and does not change federal work-visa eligibility.

Do USCIS and DOL fees change?

Yes. USCIS adjusts filing fees periodically and updates form editions, and DOL processes have their own rules and timelines. Always confirm current fees, form editions, and procedures on the official USCIS and DOL websites before filing.

Find a Florida immigration attorney

Employment immigration involves coordinated steps across multiple federal agencies, strict timing, and an unpredictable H-1B lottery. A licensed Florida immigration attorney can advise both employers and workers on the right visa or green-card path, handle PERM and I-140 filings, and manage adjustment of status at a Miami, Tampa, Orlando, or Jacksonville field office. Consider consulting one about your specific situation.