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Florida has a booming demand for skilled tech and defense talent. Tampa in particular—which is home to companies like Lockheed Martin, Anduril Industries, Peraton, and Boeing, not to mention MacDill Air Force Base—is a hub for local defense contracts and is also known for its driving presence in state and nationwide tech and logistics growth.
Foreign talent is a key factor that helps Tampa area employers stay competitive. In these specialized fields, advanced education, training, and talent are often mission-critical. However, many of these areas of employment require elevated immigration screening, up-to-the-minute compliance, and industry player sponsorship. If you have questions as a Tampa employer about how best to leverage foreign talent for your business, as well as how to meet changing compliance protocols throughout the state, contact Brown Immigration Law today.
Florida’s Tech and Defense Landscape and Talent Demand
Florida is ranked second in the nation for space and defense systems manufacturing, making it a powerful industry player. With five spaceports, a strategic location, and over 20 major military installations, the state is among the top five for DOD contract awards.
Meanwhile, Florida is home to more than 47,000 high-tech companies that employ more than 323,000 Florida residents. The state ranked number one in new tech establishments in 2023 and is consistently above the national average in net tech employment. Tampa specifically has seen a boom in tech sector growth. The Tampa Bay Economic Development Council reports that the Information Technology industry has grown by 30% over the past five years.
Both the defense sector and tech require highly specialized skill sets, and they intersect in numerous key areas, from cybersecurity to military logistics, aerospace engineering, and more. This means that finding qualified talent can be incredibly challenging, a fact which is especially problematic during a time when the U.S. is suffering from a shortage of skilled workers that is only expected to worsen.
According to a study from Georgetown’s Center on Education and the Workforce, from 2024 through 2032, approximately 18.4 million experienced U.S. workers with postsecondary education are expected to retire. This will far outpace the 13.8 million younger U.S. workers projected to enter the skilled labor market, leading to national shortages.
Luckily, Florida boasts a significant immigrant population, giving employers access to a diverse pool of specialized talent. For Tampa companies competing in the defense and tech sectors, attracting skilled overseas workers is often a key part of staying ahead. Work visas provide a structured pathway to bring in these employees, helping companies fill critical roles, meet project deadlines, and maintain a competitive edge.
Employment-Based Visa Programs That Power Florida’s Workforce
Specialized workers for the tech and defense industries are often sponsored via:
- H-1B visas: H-1B visas are for specialized employees with at least a bachelor’s degree in their field. There is an annual limit of 65,000 available H-1B visas, with an additional 20,000 offered under the master’s cap. Many H-1B workers are in software, engineering, and data management.
- L-1 visas: L-1 visas offer the opportunity for international companies to transfer executives and high-level employees to U.S. offices.
- O-1 visas: O-1 visas are work visas for those with extraordinary ability in their fields. O-1 candidates are extremely desirable and can be sponsored more rapidly than other work visas when candidates can provide qualifying documentation.
- TN visas: TN visas may offer streamlined work opportunities for Canadian and Mexican citizens. Because Canada is subject to special exemptions under the Arms Export Control Act, Canadian citizen employees may be popular choices for defense contracting roles.
These visa options enable employers to fill specialized roles, meet deadlines, and stay competitive.
Immigration Compliance Challenges for Tech and Defense Sector Employers
Hiring foreign talent in Tampa can lead to significant compliance challenges for employers in the defense sector. While all employers must adhere to U.S. Citizenship and Immigration Services (USCIS) guidelines, wage requirements, and filing dates, defense sector firms face additional hurdles.
All companies that are involved with handling items and data on the United States Munitions List (USML) must adhere to specific licensing and registration under the International Traffic in Arms Regulations (ITAR). These regulations state that no non-U.S. person can have physical or logistical access to USML items, unless special dispensation is given from the State Department. While exceptions can exist for certain international citizens of Australia, Canada, and the UK, ITAR greatly restricts how information is shared with foreign-born employees and subcontractors, as well as how hiring can operate.
ITAR requirements apply to sales and manufacturing, as well as tech guidelines like cloud-based sharing. Wholesalers, distributors, computer software and hardware vendors, third-party suppliers, and contractors all must be ITAR compliant. ITAR compliance involves specific training as well as communication, certifications, and record keeping.
ITAR is a matter of national security, and failure to comply can lead to more than just project delays. ITAR violations can also lead to serious penalties, such as:
- Civil fines of up to $500,000
- Loss of contracts
- Disqualification from future bids
- Federal investigation
- Criminal liability involving fines of up to $1 million per violation
- Criminal liability involving 10 years imprisonment per violation
How Employers Can Minimize Risk and Leverage Talent Effectively
Finding the right employee is never the end of the story when it comes to working with international talent. Your company will also need to meet USCIS filing deadlines, offer a certain level of competitive wages, and take steps to retain skilled international employees.
Leveraging international talent also means addressing enforcement risk. Florida immigration law has been changing more rapidly than federal law, with even private employers in the state now ordered to use E-Verify as well as show I-9 compliance. With that in mind, defense and tech sector companies should take additional steps to minimize the risk of an ICE audit or penalties. Your company might consider:
- Conducting regular internal audits of I-9s and visa documentation
- Developing a clear protocol for responding to ICE or USCIS inquiries
- Providing immigration-focused compliance training for HR and executives
- Using technology to monitor filing deadlines, forecast workforce needs, and prevent paperwork errors
- Vetting third-party vendors for immigration compliance
- Ensuring proper long-term storage of employee immigration records
An immigration attorney can also assist you with visa sponsorship in Florida and ensure that your company is up to date on H-1B and L-1 visa compliance. Brown Immigration Law is experienced with the complexity of immigration law and its intersection with defense regulations. Our Florida attorneys work with a national scope to tackle problems with compliance, business immigration, employment-based sponsorship, and more. The benefits of working with an experienced immigration law firm can reverberate throughout your company. With proper compliance and strategy, your company can get ahead when it comes to retaining top talent, seamlessly executing projects, and staying competitive.
Protect Your Team, Your Projects, and Your Compliance
Foreign talent is the edge that Florida defense and tech employers can leverage to come out on top in contracting and innovation. However, the stakes have never been higher when it comes to the importance of staying compliant. As immigration laws shift nationwide and Florida enforcement ramps up, working with a trusted partner like Brown Immigration Law can help Tampa tech and defense employers rise to meet the challenge.
