Get answers to the most common questions about immigration law, business law, employment law, and real estate law in Florida. Can’t find your answer? Contact us for a free consultation.
⚖️ Immigration Law FAQ
How long does the H-1B visa process take?
The standard H-1B process takes 3–6 months after the lottery (typically April–October). Premium processing ($2,805 fee) guarantees a decision within 15 business days. If you need to start working urgently, premium processing is highly recommended. Our attorneys guide clients through both options.
What happens if my H-1B petition is denied?
A denial is not the end. You may file a Motion to Reopen or Motion to Reconsider (MTR/MTC), request an appeal with the Administrative Appeals Office (AAO), or explore alternative visa options such as O-1, L-1, or EB-2 NIW. Finberg Firm has successfully overturned H-1B denials—contact us immediately after receiving a denial notice.
Can my spouse work in the U.S. while I am on an H-1B visa?
Yes, if your H-1B is approved and you have an approved I-140 petition, your H-4 spouse may apply for Employment Authorization (EAD). Processing currently takes 3–8 months. We can help file a concurrent I-539/I-765 to minimize gaps.
What is the difference between EB-2 NIW and EB-1A?
EB-1A requires demonstrating extraordinary ability (top ~1% in your field), while EB-2 NIW requires showing that your work benefits the U.S. national interest. EB-2 NIW is more accessible for skilled professionals, while EB-1A has a shorter priority date backlog for some countries. Our attorneys evaluate which path fits your background.
How long does a green card take for Indian nationals?
Due to per-country caps, Indian nationals in EB-2 and EB-3 categories face significant wait times—currently estimated at 10–50+ years. EB-1A has a shorter wait. Strategic planning (NIW self-petition, concurrent filing, AC21 portability) can significantly improve your timeline. We recommend starting the process as early as possible.
What is the L-1 visa and who qualifies?
The L-1 visa is for intracompany transferees—managers and executives (L-1A) or workers with specialized knowledge (L-1B). If you work for a multinational company abroad and are being transferred to a U.S. office, you may qualify. L-1A holders can pursue an EB-1C green card with a shorter wait than EB-2/EB-3.
Can I apply for a green card without an employer sponsoring me?
Yes. The EB-1A (extraordinary ability) and EB-2 NIW (national interest waiver) categories allow self-sponsorship. You file your own I-140 petition without needing a job offer or labor certification. This is especially valuable for researchers, entrepreneurs, scientists, and senior technology professionals.
What documents do I need to start an immigration consultation?
For an initial consultation, bring your current visa documents, passport, any prior immigration filings (I-140, I-485, RFEs, denials), employment offer letters or contracts, and education credentials. Our attorneys will review your situation and outline your best path forward.
🏢 Business Law FAQ
Do I need a lawyer to form an LLC in Florida?
You can file the paperwork yourself, but an attorney helps you avoid costly mistakes: choosing the wrong structure (LLC vs. S-Corp vs. C-Corp), missing operating agreement provisions, or failing to protect your personal assets. We offer flat-fee business formation packages.
What is the difference between an LLC and a corporation?
An LLC offers flexible management, pass-through taxation (no double tax), and fewer formalities. A corporation (C-Corp or S-Corp) is better for raising venture capital or going public. For most small businesses and immigrant entrepreneurs, an LLC is the starting point.
What should be in a business contract?
Every business contract should include: parties’ names and roles, scope of work, payment terms, deadlines, dispute resolution, intellectual property ownership, confidentiality provisions, and termination conditions. A missing clause can cost far more than legal fees.
How do I protect my business idea or product?
Depending on what you’re protecting: (1) Trade secrets — use NDAs and confidentiality agreements immediately; (2) Inventions — file a patent application; (3) Logos/brand names — register a trademark with the USPTO; (4) Creative works — copyright attaches automatically. We advise on the right protection strategy.
👔 Employment Law FAQ
Can my employer fire me without cause in Florida?
Florida is an “at-will” employment state, meaning employers can generally terminate employees for any reason—except illegal reasons. You cannot be fired because of race, national origin, religion, sex, age (40+), disability, or retaliation for reporting illegal activity.
What is wage theft and what can I do about it?
Wage theft includes unpaid overtime, paying less than minimum wage, misclassifying employees as independent contractors, and illegal paycheck deductions. Florida and federal law protect workers—you may be owed back wages plus penalties. Cases are often handled on a contingency basis.
Am I an employee or an independent contractor?
Misclassification is one of the most common employment law violations. The IRS and Department of Labor use multi-factor tests focusing on control. Being called a “1099 contractor” does not automatically make you one legally. If misclassified, you may be owed benefits, overtime, and employer tax contributions.
What protections do I have if I report workplace violations?
Whistleblower protection laws at federal and state levels prohibit retaliation for reporting safety violations, fraud, discrimination, or illegal activity. If you were fired, demoted, or harassed after making a complaint, you may have a strong retaliation claim. Act quickly—deadlines apply.
🏠 Real Estate Law FAQ
Do I need a real estate attorney in Florida?
Florida does not legally require an attorney for real estate transactions, but it is strongly recommended. Common pitfalls include title defects, undisclosed liens, incorrect contracts, zoning issues, and HOA disputes. A $500–$1,500 attorney fee can save you from a $50,000+ problem.
What is a title search and why does it matter?
A title search examines public records to confirm the seller has clear legal ownership and to identify any liens, judgments, or restrictions. Without a clean title, you could inherit someone else’s debt or face ownership disputes after closing.
What should I look for in a purchase agreement?
Key terms include: purchase price, earnest money, closing date, contingencies (financing, inspection, appraisal), what stays with the property (fixtures, appliances), and HOA disclosure. Never sign without legal review.
How do I resolve a landlord-tenant dispute in Florida?
Florida has specific rules on security deposits (must be returned within 15–60 days), required notice periods, eviction procedures, and habitability standards. If your landlord is withholding your deposit illegally or attempting an illegal eviction, you have legal remedies.
🇨🇳 中文常见问题 (Chinese FAQ)
我在美国没有工作签证，还能申请绿卡吗？
可以。部分绿卡类别不需要雇主担保：EB-1A（杰出人才）和 EB-2 NIW（国家利益豁免）允许自己申请。如果您是研究人员、工程师、医生或创业者，我们可以评估您是否符合条件。欢迎预约免费咨询。
移民律师费用大概多少？
费用因案件类型不同而有较大差异。H-1B 申请通常 $2,000–$4,000（不含政府费）；EB-2 NIW $5,000–$8,000；绿卡全流程 $8,000–$15,000。Finberg Firm 提供透明报价，初次咨询可了解您案件的具体费用。
我的案件被拒了，还有希望吗？
有。被拒后通常有申诉或重新申请的机会，关键是在截止日期前行动。请立即联系我们，律师会分析被拒原因并制定对策。
换工作会影响我的绿卡申请吗？
不一定。如果您的 I-140 已经批准满180天，并且新工作与原工作属于同一或相似职位，您可以根据 AC21 条款携卡转换雇主（I-485 挂起状态）。具体情况需律师评估。
Still Have Questions?
Our attorneys are ready to answer questions specific to your situation — immigration, business, employment, or real estate.