Immigration law is federal law. While many attorneys practice in a single state, immigration matters are governed entirely at the federal level — which means the attorney’s state of licensure is far less important than their depth of federal immigration experience.
Seth Finberg is a federal immigration attorney with a background as a former public defender. That background matters: it means he has handled high-stakes legal proceedings, managed complex evidentiary records, and advocated for clients in adversarial environments — skills directly applicable to immigration cases where the margin for error is low.
Business & Employment Immigration
H-1B — Specialty Occupation Workers
The H-1B visa is the primary pathway for U.S. employers to hire foreign nationals in specialty occupations — including technology, engineering, finance, accounting, and healthcare. We assist employers with petitions, Requests for Evidence (RFEs), and cap-exempt filings, and advise employees on status maintenance and long-term planning.
EB-1A — Extraordinary Ability
The EB-1A is a self-petition pathway for individuals who have demonstrated extraordinary ability in their field through sustained national or international acclaim. No employer sponsorship is required, and there is no labor certification process. This is an appropriate pathway for researchers, artists, athletes, and business leaders with a documented record of distinction.
EB-2 NIW — National Interest Waiver
The EB-2 National Interest Waiver allows individuals with advanced degrees or exceptional ability to self-petition for a green card by demonstrating that their work is in the national interest of the United States. It is a frequently misunderstood category — the evidentiary standard matters, and petition quality significantly affects outcomes.
O-1 — Individuals with Extraordinary Achievement
The O-1 visa is a nonimmigrant pathway for individuals with extraordinary ability or achievement in the sciences, arts, education, business, or athletics. It is employer-sponsored and requires documentation of a track record of top-level recognition in the field.
EB-5 — Investor Visa
The EB-5 program provides a pathway to permanent residency for investors who commit capital to U.S. commercial enterprises that create qualifying U.S. jobs. The program has undergone significant reform in recent years; current investment thresholds and project structures require careful diligence.
E-2 — Treaty Investor
The E-2 visa allows nationals of treaty countries to enter and work in the United States based on a substantial investment in a U.S. enterprise. It is a renewable nonimmigrant status, not a green card pathway — but it can be an effective long-term option for qualifying investors.
L-1 — Intracompany Transferee
The L-1 visa allows multinational companies to transfer employees in managerial, executive, or specialized knowledge roles from a foreign office to a U.S. affiliate. We advise both employers and employees on petition preparation and compliance.
Why Federal Experience Matters
Immigration petitions and appeals are decided by federal agencies — USCIS, the Department of State, the Board of Immigration Appeals. An attorney who understands how to build an evidentiary record, respond to adverse agency action, and navigate federal appellate procedure is better positioned to handle complex or challenged petitions than one who treats immigration as a transactional checklist.
Seth Finberg’s background as a former public defender — where every client mattered and the stakes were always high — translates directly into the kind of thorough, advocacy-driven approach that immigration cases often require.
Who We Work With
- Employers in technology, healthcare, academia, and financial services hiring or sponsoring foreign national employees
- Entrepreneurs and founders building U.S. businesses and seeking visa pathways that support their operations
- High-net-worth individuals evaluating investment-based immigration options (EB-5, E-2)
- Researchers and academics pursuing self-petition pathways (EB-1A, EB-2 NIW)
- Individuals and families navigating complex status issues or long-term permanent residency strategies
Frequently Asked Questions
Do I need a Florida-licensed attorney for my immigration case?
No. Immigration law is federal, not state law. Seth Finberg is licensed to practice federal immigration law nationwide. Your physical location and his location do not limit the representation.
What is the difference between EB-1A and EB-2 NIW?
Both are self-petition pathways that do not require employer sponsorship. EB-1A requires proof of extraordinary ability — a high evidentiary standard based on recognition at the top of your field. EB-2 NIW requires an advanced degree or exceptional ability, plus a showing that your work benefits the United States in a way that justifies waiving the normal labor certification requirement. The right pathway depends on your background and documentation.
How long does a green card take through EB-5?
EB-5 processing timelines depend heavily on the applicant’s country of birth (which affects visa number availability), the quality of the project, and USCIS adjudication backlogs. For applicants from countries without visa backlogs, the process can take 2–4 years from filing to conditional permanent residency. For nationals of oversubscribed countries, waits can be significantly longer.
Can you help if my petition has already been denied?
Yes, in many cases. Depending on the type of petition and the basis for denial, options may include a motion to reconsider, a motion to reopen, or an appeal to the Administrative Appeals Office or the Board of Immigration Appeals. The viability of each option depends on the specific facts and the grounds stated in the denial.
Speak With Seth Finberg
Immigration decisions affect your career, your family, and your future. We take that seriously.
📞 305-707-8787
📧 info@finbergfirm.com
🌐 Federal practice — clients nationwide
The information on this page is for educational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this page. Results vary based on individual circumstances.