Practice Areas
Piquet Law Firm is an American law firm based in Miami, Florida, specializing in Real Estate, Business, Immigration, and Tax law.
Real Estate Law
Our real estate practice provides legal advice and representation on all matters related to residential and commercial properties, including acting as Escrow/Paymaster agents and closing/recording agents of purchases, sales, financing, refinancing, as well as issues involving Condos and Homeowner Associations.
We act as outside counsel for financial institutions, mortgage companies, and foreign banks with offices and branches in South Florida. Additionally, we represent both buyers and sellers throughout the negotiation process, whether it is a commercial or residential transaction. Our experienced real estate team of attorneys and paralegals will ensure proper representation for our clients. We are authorized agents of Fidelity National Title Insurance Company and Old Republic, providing access to the necessary commercial and residential transaction regulations.
Legal advice and representation in residential and commercial real estate transactions;
Escrow/ Paymaster agents;
Agents for closing/ recording of purchases, sales, financing, and refinancing;
Issues involving Homeowners Associations and Property Owner Associations
External consultants for financial institutions, mortgage companies, and foreign banks with offices and branches in South Florida;
Representation for both buyers and sellers throughout the negotiation process, whether commercial or residential;
Authorized agents of Fidelity National Title Insurance Company and Old Republic.
Immigration Law
In our immigration law practice, we have vast experience in assisting companies with the cross-border movement of their executives, managers, and technical personnel.
We also have broad expertise in advising and representing foreign nationals filing petitions, including petitions for family members, investors, individuals with extraordinary ability, and specialized professionals. Our firm can also assist with work authorization applications, permanent residency, and naturalization. Our attorneys have in-depth knowledge to adequately represent clients before the Department of Homeland Security, the Department of State, and U.S. Embassies and Consulates worldwide.
• What is the best option for my case?
L-1: Visa for executives
E-2: Visa for investors
O-1: Visa for extraordinary ability
EB-1 , EB-2 e EB2-NIW: Green card for extraordinary and exceptional abilities.
L-1:
Characteristics
Visa intended for foreign executives or managers who are transferred to the US to take up a similar position in the American subsidiary or branch of their company.
Conditions: The majority shareholder of the Brazilian company must be the majority shareholder of the American company (branch), or the Brazilian company must own the American company (subsidiary);
The visa applicant must have worked for the Brazilian company for at least 1 year in the past 3 years.
Benefits: The visa can be extended for a total of 7 years;
Possibility of obtaining a Green Card;
The visa holder’s family (spouse and minor children) can obtain L-2 visas, and the spouse can obtain authorization to work.
Limitations: The activity of the Brazilian company must be maintained throughout the entire period of the L-1 visa.
E-2:
Characteristics: Visa for individuals investing in a business in the USA.
Available to individuals who are citizens of a country that is a member of the Treaty of Commerce and Navigation with the USA.
Conditions: o The investor must hold citizenship of a Treaty member country;
The investment must be substantial, real in nature, not speculative, being at risk of loss in case of failure;
The business must provide for the livelihood of the visa holder and their family;
The business must already be established at the time of the visa application.
Benefits: The ability to open and work in a business in the USA;
Unlimited extensions, as long as the visa conditions continue to be met;
The visa extends to the spouse (who may work) and children under the age of 21.
Limitations: The investor is restricted to working for the specific business.
O-1:
Characteristics: O-1A: Visa intended for individuals with extraordinary ability in science, education, business, or sports;
O-1B: Visa intended for individuals with extraordinary ability in the arts, motion picture, or television.
Conditions: The visa applicant must demonstrate extraordinary ability with international recognition;
Will come to the US temporarily to work in their area of expertise.
Benefits: The visa is granted for up to 3 years;
Spouse and unmarried children under the age of 21 may accompany.
Limitations: Need of a petitioner for the visa;
The beneficiary’s spouse is not authorized to work.
EB-1
• National or international award or recognition in the field of extraordinary ability;
• Membership in associations in the area of expertise that require outstanding achievements of their members;
• Material about the professional in their industry that has been published in major media outlets;
• Invitation to judge the work of others and have effectively judged such work individually or on a panel;
• Evidence that the applicant has made original contributions of major significance to the field;
• Authorship of scholarly articles in professional journals or major media outlets;
• Artistic exhibitions or showcases of the applicant’s work;
• Critical or leading role in distinguished organizations;
• Evidence that the applicant has commanded a high salary or other significantly high remuneration for services in the field;
• Commercial success in the area of expertise.
EB-2 NIW
Advanced Degree: To be an eligible petitioner, the professional must hold an undergraduate or advanced degree and have at least 5 years of experience in their academic field.
Exceptional Ability: If the candidate does not meet the requirements for Advanced Degree, they must meet at least 3 of the 7 criteria listed below:
Criterion 1: Possess degrees, diplomas, certificates, or similar recognition from an academic institution in their field of exceptional ability.
Criterion 2: Documents that prove the candidate has at least 10 years of full-time experience in their occupation.
Criterion 3: License to practice the profession or certification for the profession or occupation.
Criterion 4: Evidence that the candidate’s salary or other remuneration resulted from their exceptional ability.
Criterion 5: Membership in professional associations.
Criterion 6: Evidence of significant achievements in their field of work or professional realm, through recognition by peers, government entities, professional or business organizations
Criterion 7: Any additional evidence that does not fit precisely into any of the previous categories, but which incorporates and demonstrates their exceptional ability.
Business Law
The Piquet Law Firm provides legal counsel and representation in all aspects of corporate law for our national and international clients.
Whether our client requests the establishment of a corporation, limited liability company, partnership, or trust as a national or offshore entity, our professional team is fully equipped to guide each client not only on the best way to incorporate but also to indicate which entity will maximize their profits and reduce unforeseen costs.
Our firm strategically assists each client with a range of corporate issues, including negotiating agreements for mergers and acquisitions, joint ventures, international and domestic restructuring, and global partnerships, regardless of the size or stage of development of our clients’ corporate entity.
Our team of attorneys also prepares documents, such as operating agreements, purchase and sale agreements, and dissolution agreements, that will aid in all of our clients’ corporate operations.
Our firm’s goal is to find the appropriate legal solution so that our clients can focus on the growth and success of their businesses.
- Legal counseling and representation – corporate law;
- National and international clients;
- Establishment of corporations, limited liability companies, partnerships, or trusts as a national or offshore entity;
- Guidance on which entity will maximize profits and reduce unforeseen costs;
- Strategic assistance in negotiating agreements for mergers and acquisitions, joint ventures, international and domestic restructuring, and global partnerships;
- Preparation of operating agreements for purchases and sales, and dissolution.
Tax Law
Our tax law practice focuses on providing tax planning as part of corporate structuring, offering legal advice and representation on matters related to local and national tax laws and regulations.
We also represent clients in disputes with the Internal Revenue Service (IRS) and the Florida Department of Revenue. In the realm of international affairs, we have experience assisting with asset protection planning and structuring, both for foreign entrepreneurs and investors looking to invest in the United States, and for clients in the United States looking to invest overseas. For the convenience of our clients, we work closely with an independent tax accountant who will provide additional advice on all tax issues.
• Pre-immigration tax planning
INCREASE OF ACQUISITION COST OF INVESTMENTS (step-up basis): Before transferring tax domicile, it is possible to bring investments in foreign companies to present value. This reduces the calculation base for income tax on capital gains if the taxpayer decides to sell the asset after becoming an American taxpayer.
CHOICE OF TAX TREATMENT FOR BRAZILIAN COMPANIES (check the box election): Before transferring tax residency, it is possible to choose the legal nature of Brazilian companies incorporated as “LIMITED” or “EIRELI”, so that the Income Tax and Social Contribution paid on revenue (by the Brazilian company) can be offset against the American Income Tax payable when profits are disbursed to the U.S.-based partner.
CREATION OF A US CORPORATION AS A HOLDING ENTITY FOR BRAZILIAN SAs: The distribution of profits from foreign subsidiaries to American corporations is exempt from Income Tax, making it an excellent mechanism for tax savings.
REVENUE RECOGNITION AND ACCUMULATED PROFIT DISTRIBUTION: Before changing their tax domicile, the taxpayer may present to the American tax authority a list of consolidated receivables that will not be subject to taxation when liquidated (e.g., promissory note). In addition, accumulated profits must be distributed in advance.
GIFT AND ESTABLISHMENT OF TRUSTS: Gift and establishment of trusts prior to changing tax residency will reduce the taxable base for estate tax, which is $11.7 million for residents.
Litigation
- Noncompetes / Nondisclosures;
- Business Disputes;
- Contract Disputes;
- Labor & Employment Disputes;
- Partnership Disputes;
Family Law
- Family Protection;
- Divorce;
- Parental Rights;
- Modification and Enforcement;
- Guardian ad Litem Services;
- Estate Planning;
Civil Liability
- Boat Accident;
- Car Accident;
- Construction Accident;
- Defective CoolSculpting;
- Medical Malpractice;
- Motorcycle Accident;
- Nursing Home Abuse;
- Plane Accident;
- Premises Liability;
- Product Liability;
- Serious lnjury;
- Slip & Fali;
- Truck Accident;
- Wrongful Death;
