October 27, 2026 · By Ahmad Yakzan
Many Florida businesses have long used the H-1B to hire foreign professionals. In 2026, that path has become harder to predict. Below is what has changed and which other work visas employers often look at.
Several federal actions are changing the H-1B program:
A "proposed" rule is not law yet. It can still be changed or withdrawn after the public comment period.
Governor Ron DeSantis has pushed for Florida's public universities to pause H-1B hiring. The state university system's Board of Governors has a proposed moratorium, or pause, awaiting final approval. It would direct university trustees not to use the H-1B program to hire new employees through January 5, 2027. The board's chairman said the pause would not stop universities from using other visa programs. Universities have traditionally been "cap-exempt" H-1B employers, which means they don't go through the yearly lottery. That makes this change important for Florida research partners and affiliated organizations.
The L-1 lets a company with a qualifying office abroad transfer an employee to a related U.S. office. L-1A covers managers and executives. L-1B covers employees with advanced knowledge of the company's products, processes or procedures. In general, the employee must have worked for the related foreign company for at least one continuous year within the past three years. There is no yearly cap or lottery.
The O-1 is for people who can show sustained national or international recognition in their field, for example through awards, publications or high-profile roles. There is no lottery, but the evidence standard is high.
Under the USMCA trade agreement, Canadian and Mexican citizens in listed professions, such as engineers, accountants and scientists, may qualify for TN status. Tampa Bay has close business ties with Canada and Mexico, so this option is often worth a look.
If citizens of a treaty country own most of a company, the owners and certain key employees may qualify as treaty traders (E-1) or treaty investors (E-2).
Australians may qualify for the E-3 visa. Citizens of Chile and Singapore may qualify for the H-1B1.
Each visa has its own requirements. Which one fits depends on how the company is set up, the job itself and the worker's background. This article is general information, not legal advice. Talk to an attorney about your own situation before you make hiring or filing decisions. You can learn more on our business immigration page.
If you or a loved one is planning to sponsor, or be sponsored for, a U.S. work visa, schedule a consultation with Ahmad Yakzan at American Dream Law Office PLLC. Call (656) 236-0205 or schedule online.
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