FAQ — Immigration, Real Estate & Business Law | Serfaty Law

Question 1

What is an E-2 investor visa?

Accepted Answer

The E-2 treaty investor visa allows nationals of certain treaty countries to enter and work in the United States based on an investment in a U.S. business. The investment must be substantial and the investor must direct and develop the enterprise. Charles Serfaty has extensive experience guiding French and Spanish-speaking investors through the E-2 process.

Question 2

What is the difference between an L-1A and L-1B visa?

Accepted Answer

The L-1A visa is for managers and executives being transferred to a U.S. affiliate, subsidiary, or parent company. The L-1B visa is for employees with specialized knowledge. L-1A holders may also be eligible for an EB-1C green card without a labor certification.

Question 3

How does the EB-5 investor green card work?

Accepted Answer

The EB-5 program grants permanent residency to foreign nationals who invest at least $1,050,000 (or $800,000 in a Targeted Employment Area) in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers. The process involves filing an I-526E petition, obtaining an immigrant visa or adjustment of status, and then filing an I-829 to remove conditions.

Question 4

What is Labor Certification (PERM)?

Accepted Answer

PERM (Program Electronic Review Management) is the process by which an employer obtains a labor certification from the Department of Labor, demonstrating that there are no qualified U.S. workers available for the position. It is typically the first step in employer-sponsored green card categories such as EB-2 and EB-3.

Question 5

How long does the naturalization process take?

Accepted Answer

The naturalization process typically takes 8 to 24 months from filing to the oath ceremony, depending on the USCIS field office and individual circumstances. Applicants must generally have been a lawful permanent resident for 5 years (or 3 years if married to a U.S. citizen), demonstrate continuous residence, pass English and civics tests, and show good moral character.

Question 6

Do I need a real estate attorney in Florida?

Accepted Answer

While Florida does not legally require an attorney for real estate transactions, having one is strongly recommended — especially for foreign buyers. An attorney protects your interests, reviews contracts, handles title issues, and ensures the closing goes smoothly.

Question 7

What is title insurance and do I need it?

Accepted Answer

Title insurance protects you against losses from defects in the title to your property — such as undisclosed liens, fraud, or errors in public records. In Florida, there are two types: owner's title insurance (protects the buyer) and lender's title insurance (required by most mortgage lenders). We strongly recommend owner's title insurance for all buyers.

Question 8

What is FIRPTA and how does it affect foreign buyers?

Accepted Answer

FIRPTA (Foreign Investment in Real Property Tax Act) requires buyers to withhold a percentage of the purchase price when buying from a foreign seller. The withholding rate is typically 15% of the gross sales price. We guide both foreign buyers and sellers through FIRPTA compliance to avoid costly penalties.

Question 9

How long does a real estate closing take in Florida?

Accepted Answer

A typical residential closing in Florida takes 30–45 days from contract to closing. Cash transactions can close faster, sometimes in 2–3 weeks. Commercial transactions may take longer depending on due diligence requirements. We work to keep your transaction on schedule.

Question 10

Can I buy property in Florida as a foreign national?

Accepted Answer

Yes, foreign nationals can purchase real estate in Florida. There are no restrictions on foreign ownership of most types of property. However, there are tax implications and reporting requirements that differ from U.S. citizens. Our firm specializes in helping international clients navigate these requirements.

Question 11

What is the title insurance premium calculator on this page?

Accepted Answer

Our calculator provides an estimate of Florida title insurance premiums based on the state's promulgated rates. Enter your purchase price and loan amount to get an instant estimate. For an exact quote tailored to your specific transaction, contact our office for a free consultation.

Question 12

What type of business entity should I form in Florida?

Accepted Answer

The right entity depends on your goals. An LLC offers flexibility and liability protection with pass-through taxation, making it popular for small businesses and real estate investments. A corporation (S-Corp or C-Corp) may be better for businesses seeking outside investment or planning to issue stock. We evaluate your specific situation — including your immigration goals, number of owners, and tax profile — and recommend the best structure for you.

Question 13

Can I form a U.S. business as a foreign national?

Accepted Answer

Yes. Foreign nationals can form and own U.S. businesses, including LLCs and corporations, without citizenship or residency requirements. However, foreign-owned businesses have specific IRS reporting obligations (such as Form 5472 for foreign-owned single-member LLCs) and may be subject to FBAR and FATCA rules. We ensure your business is properly structured and compliant from day one.

Question 14

How does forming a business help with my immigration goals?

Accepted Answer

Business formation is often a cornerstone of U.S. immigration strategies. An E-2 Investor Visa requires a substantial investment in a U.S. business you actively manage. An L-1 visa requires a qualifying relationship between a foreign company and a U.S. entity. An EB-1C green card requires a managerial or executive role in a U.S. company. We coordinate your business and immigration strategies together to maximize your chances of success.

Question 15

What does an LLC operating agreement do and do I need one?

Accepted Answer

An operating agreement is the governing document of your LLC. It defines member rights and responsibilities, management structure (member-managed vs. manager-managed), profit and loss distribution, voting rights, and what happens when a member wants to leave or the business is dissolved. While Florida does not legally require one, operating without one means Florida's default LLC statutes apply — which may not reflect your intentions. We strongly recommend every LLC have a customized operating agreement.

Question 16

How does an LLC protect me from personal liability?

Accepted Answer

An LLC creates a legal separation between you and your business. If the business is sued or incurs debts, your personal assets — home, savings, personal accounts — are generally protected. However, this protection can be lost if you commingle personal and business funds, fail to maintain proper records, or personally guarantee business obligations. We help you set up and maintain your LLC correctly to preserve this protection.

Question 17

How long does it take to form an LLC in Florida?

Accepted Answer

Standard processing with the Florida Division of Corporations typically takes 5–7 business days. Expedited processing is available for an additional fee and can be completed in 1–2 business days. We handle the entire formation process — Articles of Organization, registered agent designation, EIN application, and operating agreement — and deliver all documents to you ready to use.

Question 18

What is involved in buying an existing business in Miami?

Accepted Answer

A business acquisition involves several stages: due diligence (reviewing financials, leases, contracts, licenses, and liabilities), negotiating the letter of intent and purchase agreement, handling any regulatory or licensing transfers, and closing the transaction. We represent both buyers and sellers and ensure all legal aspects are properly addressed — including any immigration implications if you plan to use the acquisition to support a visa application.

Question 19

What contracts does my business need?

Accepted Answer

The contracts your business needs depend on its type and operations, but most businesses benefit from: an operating agreement or shareholder agreement, vendor and supplier contracts, client service agreements, non-disclosure agreements (NDAs), employment or independent contractor agreements, and commercial lease review. We draft and review all of these with your specific business in mind, in English, French, or Spanish.

Question 20

What is corporate compliance and why does it matter?

Accepted Answer

Corporate compliance means keeping your business in good legal standing with state and federal requirements. In Florida, this includes filing annual reports with the Division of Corporations, maintaining a registered agent, holding required meetings, and keeping proper records. Failing to comply can result in administrative dissolution of your company, loss of liability protection, and penalties. We offer ongoing compliance services so you never miss a deadline.

Question 21

Can I buy a franchise in the U.S. as a foreign investor?

Accepted Answer

Yes. Purchasing a franchise is a common path for foreign investors, and it can also support an E-2 Investor Visa application if the investment meets the required threshold. We review the Franchise Disclosure Document (FDD), negotiate franchise agreement terms, and coordinate the business setup with your immigration strategy to ensure everything aligns.

Question 22

What happens if a business partner and I disagree?

Accepted Answer

Partnership and shareholder disputes are among the most common business legal issues. The outcome depends heavily on what your operating agreement or shareholder agreement says. If there is no agreement — or if the agreement is silent on the issue — Florida's default rules apply, which may not favor either party. We help resolve disputes through negotiation, mediation, or litigation when necessary, and we draft agreements upfront to prevent disputes from arising.

Question 23

Do I need a lawyer to start a business in Florida?

Accepted Answer

You are not legally required to hire an attorney to form a business in Florida, but doing so protects you from costly mistakes. Common issues we see with self-formed businesses include improper entity structure, missing or inadequate operating agreements, failure to meet foreign-owner reporting requirements, and liability exposure from commingling funds. For international clients especially, the intersection of business law, tax law, and immigration law makes professional guidance essential.

Frequently Asked Questions

Still have questions? Contact us for a free consultation.