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Florida: Working in Florida

Overview

If there’s a possibility that you or any family members may wish to work in Florida, you must ensure that it will be possible before buying a home. If you don’t qualify to live and work in America by birthright or family relationship, obtaining a work permit may be difficult or impossible. Apart from buying a business in Florida (see Self-employment below), one of the easiest methods of working in America is through an L-1 Intracompany Transfer visa. With an L-1 visa a foreigner owning or employed by a business abroad can form a branch, subsidiary, affiliate or joint venture partner of the same company in Florida, and have himself transferred there to work for the American company. It’s essential to engage an immigration lawyer when applying for an L-1 visa.

Investors who create employment for at least ten full-time American workers (not family members) by investing capital in a new commercial enterprise in America are granted an immigrant (permanent resident) visa. The minimum amount of capital required is usually $1 million, although it depends on the unemployment rate in the proposed area. It may vary from $500,000 in a rural area with high unemployment to $3 million in an urban area with low unemployment.

Immigration Lawyers

It isn’t always essential to employ an immigration lawyer when applying for a visa to work in America, but it’s usually advisable. Many visa applications are rejected because the paperwork is incorrect, e.g. the wrong information has been provided; a form hasn’t been completed correctly; the wrong visa application has been made; or the incorrect approach has been made to the Immigration and Naturalisation Service (INS). The correct method depends on each individual case and the procedure can be complicated (INS rules and regulations also change frequently). There are literally thousands of immigration lawyers in America and abroad. Their fees depend on the complexity of the case and range from $250 for a simple consultation to between $5,000 and $10,000 for a complex application involving a lot of work. Before hiring a lawyer you should ensure that you know exactly how much you must pay and precisely what you will receive for your money. You should engage a lawyer who’s been highly recommended or who has a good reputation, as incompetent and dishonest lawyers aren’t unknown. The most reliable source of information on American lawyers is said to be the Martindale-Hubble list, which includes a rating of each lawyer (see www.lawyers.com). Bear in mind that no lawyer, however much you pay him, can guarantee that your application will be approved.

A cheaper alternative to immigration lawyers are the 400 or so immigration agencies operating throughout the country, some of which charge no fees at all.

Information

The US Department of Labor, Bureau of Labor Statistics, publishes an abundance of information about employment trends and job prospects in America including the Occupational Outlook Handbook, Job Outlook in Brief, Tomorrow’s Jobs: Overview, and Matching Yourself With the World of Work, all of which are available from the Superintendent of Documents, US Government Printing Office, Washington, DC 20402 (202-783-3238). State and local job market and career information is available from state employment security agencies and State Occupational Information Coordinating Committees (SOICCs). There are a number of books written for those planning to work in America including Living and Working in America (written by David Hampshire and published by Survival Books), Finding a Job in the USA (Island Publishing) and How to Get a Job in America by Roger Jones (How To Books).

Anyone interested in working in Florida should note that the economy is largely based on tourism, which for most employees means low wages. A high percentage of the workforce is employed in hotels, restaurants, department stores and small shops – all businesses that pay relatively low salaries or the minimum wage. Even skilled workers are paid significantly less in Florida, where hourly rates are much lower than those paid in northern US states and northern Europe. You can get an idea of local wage rates for various occupations from local Chambers of Commerce or the Florida Department of Labor and Employment Security.

SELF-EMPLOYMENT

One of the most common ways for foreigners to live permanently in Florida is to buy or start a business, which entitles citizens of many countries to obtain a Treaty Investor Visa (see below) valid for up to five years. America welcomes small businessmen (i.e. those employing less than 100 people) who represent over 95 per cent of all Florida businesses. However, before investing in a business in Florida it’s essential to obtain expert professional and legal advice. An application for a visa should be made by an experienced immigration lawyer or a business broker, as well prepared applications are usually processed quickly and successfully. Visas can be approved and issued in as little as two weeks if the paperwork is in order, although you should allow one to two months.

The purchase of a business must be conditional on obtaining visas, licences, permits, loans or any other necessary funding, and anything else that’s vital to the successful operation of a business. You aren’t required to make an investment before making an application for an E-2 visa, but the necessary funds must be available. This allows you to make an offer to purchase a business which is conditional upon you being granted an E-2 visa. Note that if you require financing, it must meet with the rules and is usually limited to a maximum of 25 per cent of the value of a business costing around $100,000. While it’s easier to buy an existing business (which gives you an immediate cash flow) than start a new one, you must thoroughly investigate the financial status, turnover and value of a business (always obtain an independent valuation). It’s important to engage an accountant and lawyer at the earliest opportunity. Fees can be substantial, so shop around and obtain several quotes.

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Page 1: Overview
Page 2: Licensed Business Brokers
Page 3: Bottom Line

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