Employment-Based & Investor Immigration Lawyer

Talent and capital do not stop at borders — but the U.S. immigration system can make it feel like they do. Whether you are a company trying to hire or keep skilled foreign talent, or a professional, executive, or investor building a future in the United States, the rules are technical, the deadlines are unforgiving, and a single misstep can cost you a hire, a transfer, or a green card. At De La Rosa Law, we guide both employers and individuals through employment-based and investor immigration — clearly, honestly, and in English or Spanish.

We are a bilingual immigration law firm serving clients nationwide. From a startup sponsoring its first engineer, to a multinational moving an executive to a U.S. office, to an entrepreneur investing in an American business, we help you choose the right visa or green-card pathway and execute it with care.

Your first conversation with us is free and confidential. Call us or request a free consultation to map out your options.

Who We Help

Employment-based immigration is a two-sided process: in many cases an employer and a foreign national work together, while investor and self-petition routes can be driven by the individual alone. We regularly help:

Employers who sponsor foreign talent

• Startups and growth-stage companies hiring specialized engineers, scientists, and other professionals.
• Established U.S. businesses filling roles they cannot fill from the domestic labor market.
• Multinational companies transferring executives, managers, and specialized-knowledge employees to a U.S. office (L-1).
• Universities, research institutions, hospitals, and cultural organizations bringing in extraordinary or highly specialized talent.
• HR and mobility teams that need a responsive outside counsel to manage filings, deadlines, and compliance.

Professionals, executives & investors

• Skilled professionals with advanced degrees or exceptional ability (EB-2, including the National Interest Waiver).
• Individuals of extraordinary ability in the sciences, arts, education, business, or athletics (O-1).
• Executives and managers being transferred from a foreign company to a related U.S. entity (L-1).
• Entrepreneurs and treaty investors from qualifying countries who want to start or buy a U.S. business (E-2).
• Investors seeking a green card through a qualifying investment that creates U.S. jobs (EB-5).
• Founders and self-employed professionals exploring whether they can sponsor themselves.

Not sure which group you fall into, or whether you need an employer at all? That is exactly what a consultation is for. Talk to an employment immigration lawyer about your specific facts.

Employment-Based & Investor Immigration Services We Handle

Below is an overview of the pathways we work in. Each links to a dedicated, in-depth guide. If you are not sure which one fits your situation, that is normal — request a free consultation and we will help you identify the right strategy.

Looking for family, humanitarian, or citizenship help instead? See our main immigration lawyer hub, which covers family-based immigration, marriage green cards, deportation defense, asylum, and naturalization.

Temporary Visa vs. Green Card: Knowing the Difference

Employment-based options fall into two broad buckets, and choosing the right one is the first strategic decision:

• Temporary (nonimmigrant) work visas — such as O-1, L-1, and E-2 — authorize you to live and work in the U.S. for a specific employer or business, for a limited period that can often be extended. Some can serve as a bridge toward a green card; others are not designed for that.
• Permanent (immigrant) pathways — the EB-2 green card and the EB-5 investor green card — lead to lawful permanent residence (a "green card") and, eventually, eligibility to apply for U.S. citizenship.

Many successful cases combine the two: a professional may enter on a temporary visa and later pursue a green card. The right sequence depends on your goals, your timeline, your country of birth, and your employer's plans. Some categories (for example, L-1 and the O classifications) tolerate "dual intent" while others do not, so confirm how a temporary visa choice affects a later green-card filing before you commit. (USCIS rules on dual intent and adjustment of status vs. consular processing can change; current as of June 2026, verify at USCIS.gov.)

The Process for Employers

If your company is sponsoring a foreign national, the path depends on whether you are seeking a temporary visa or a permanent (green card) outcome. At a high level:

Step 1: Define the role and the right category

We start by understanding the position, the candidate's credentials, and your timeline. The job duties, required education, salary, and the candidate's background determine which category fits — for example, an L-1 transfer for an existing employee abroad, an O-1 for someone with extraordinary ability, or an EB-2 green card sponsorship.

Step 2: Labor certification (when required)

Most employer-sponsored green cards in the EB-2 and EB-3 categories require PERM labor certification from the U.S. Department of Labor first. PERM is filed on Form ETA-9089 through the DOL's Foreign Labor Application Gateway (FLAG) system, after a prevailing-wage determination from the National Prevailing Wage Center and a defined recruitment process, to confirm that hiring a foreign worker will not displace a qualified U.S. worker. The National Interest Waiver is an important exception that can skip PERM for qualifying individuals. (PERM recruitment rules and DOL processing times change; current as of June 2026, confirm at the DOL Foreign Labor Certification site, flag.dol.gov.)

Step 3: The petition to USCIS

The employer files a petition with U.S. Citizenship and Immigration Services (USCIS) — commonly Form I-129 for temporary work visas or Form I-140 for employment-based immigrant petitions. Accuracy and strong documentation matter: USCIS reviews every petition and can issue a Request for Evidence (RFE) or a denial if the record is incomplete or inconsistent.

Step 4: Visa issuance or green card

For a temporary visa, an approved petition generally lets the worker apply for a visa at a U.S. consulate abroad or, in some cases, change status inside the U.S. For a green card, the timeline also depends on the Visa Bulletin and the worker's priority date and country of birth — some categories and countries face significant backlogs. (Visa Bulletin movement and per-country backlogs change monthly; check the current U.S. Department of State Visa Bulletin at travel.state.gov before relying on any wait time. As of June 2026.)

Step 5: Compliance and renewals

Sponsorship does not end at approval. Employers must maintain proper records (including the Public Access File for certain filings), track expiration dates, and file extensions or amendments when jobs or worksites change. We help you build a process so nothing falls through the cracks. (Employer recordkeeping and LCA Public Access File obligations are set by the DOL and USCIS and can change; current as of June 2026, confirm the rules that apply to your filings.)

The Process for Individuals & Investors

If you are the professional, executive, or investor, your path may or may not require an employer:

Step 1: Assess your profile honestly

The right category depends on your education, achievements, role, and resources. A researcher with a strong record may qualify for an EB-2 National Interest Waiver; an award-winning artist or top-tier professional may fit the O-1; an entrepreneur from a treaty country may pursue an E-2.

Step 2: Build the evidence

These cases are won on documentation — degrees, publications, awards, letters from experts, business plans, and proof of funds, depending on the category. We help you assemble a clear, credible record that maps your evidence to the legal criteria.

Step 3: File the petition or application

Depending on the category, you (or your employer) file the petition with USCIS, and then either adjust status inside the U.S. or complete consular processing abroad. Self-petition routes such as the EB-2 National Interest Waiver let qualifying individuals file Form I-140 without an employer sponsor; USCIS evaluates NIW requests under the three-prong Matter of Dhanasar framework. (NIW standards and USCIS policy guidance, last updated January 15, 2025, can change; current as of June 2026, verify at USCIS.gov.)

Step 4: Plan for the long term

If your goal is permanent residence and eventually U.S. citizenship, we help you sequence temporary and permanent steps so each filing supports the next — and so a short-term visa choice does not undercut a long-term green-card goal.

Why Choose De La Rosa Law

We serve both sides of the table

Because we represent both employers and individuals, we understand the incentives on each side of a sponsorship. That perspective helps us anticipate issues, communicate clearly between company and candidate, and keep cases moving.

We are genuinely bilingual

Many firms advertise "se habla español." We practice in Spanish. Founding attorney Oscar De La Rosa and our team communicate directly with Spanish-speaking clients — no third-party interpreter between you and your lawyer — so founders, investors, and transferring employees understand every form they sign.

We serve clients nationwide

We are based in Miami, Florida, and represent clients across the United States. Employment and investor immigration is primarily federal law — the same agencies (USCIS, the Department of Labor, and the U.S. Department of State) apply wherever your company or your home is located, so a Florida-licensed immigration attorney can represent you in federal immigration matters nationwide.

We tell you the truth

No honest lawyer can promise you a visa, a green card, or any immigration outcome. What we can promise is straight talk: an honest assessment of eligibility, the risks, a realistic timeline, and the cost — for both employers and individuals. If a different category or sequence serves you better, we will say so.

Common Mistakes We Help You Avoid

Many employment and investor cases that go wrong were avoidable. A few of the most common — and most costly — mistakes include:

• Choosing the wrong category. Filing an O-1 when an L-1 fits better, or pursuing an employer-sponsored green card when a National Interest Waiver self-petition is stronger, wastes time and money.
• Underbuilding the evidence. Extraordinary-ability, NIW, and investor cases are documentation-intensive. Thin or generic evidence is a leading cause of RFEs and denials.
• Ignoring the Visa Bulletin and country backlogs. A green-card strategy that overlooks priority dates and country of birth can leave a worker waiting far longer than expected.
• Sloppy PERM recruitment. The labor certification process is technical and unforgiving; small recruitment or wage errors can force employers to start over. See our PERM labor certification guide.
• Treaty and investment missteps. Assuming you qualify for E-2 without confirming treaty-country eligibility, or structuring an EB-5 investment without confirming current amounts and job-creation rules, can be fatal to a case. (Treaty-country list and EB-5 thresholds change; current as of June 2026, verify at travel.state.gov and USCIS.gov.)
• Letting status lapse or traveling at the wrong time. Missed extensions, expired status, or ill-timed travel can disrupt employment and jeopardize a pending case.
• Trusting a "notario" or unlicensed preparer. In many countries a notario público is a trained legal professional. In the United States, a "notary" is not a lawyer and cannot give legal advice. Work with a licensed attorney.

If you have already hit one of these snags, do not panic — but act quickly. Talk to an employment immigration lawyer about your options.

Talk to an Employment-Based & Investor Immigration Lawyer Today

Whether you are an employer competing for global talent or a professional, executive, or investor building your future in the United States, you do not have to navigate the system alone — and you do not have to have it all figured out before you call. The team at De La Rosa Law is ready to listen and to map out a realistic plan.

Your consultation is free and confidential. Request a free, confidential consultation or call our office today, and let us help you understand your options and your next step. To explore other immigration matters, return to our immigration lawyer hub.