U.S. Immigration for Brazilians Employment and Investor Based Immigration

Employment Based Visas H-1B and H-3 Temporary worker and trainees L-1A/L-1B Intra-company transfer. L-1A can lead to green card without PERM. O-1, P-1 and Q-1 B1/B2 Business visitor  Bachelor’s degree or higher for H-1B. Must apply for green card via PERM process.  Executive or Managerial OR “Specialized Knowledge”  Exceptionally talented (artists, journalists, etc.)  Only limited activities allowed.

L1 Visa General Requirements:  New U.S. company must have a corporate relationship with Brazilian company.  Applicant must have been employed as manager, executive or worker with “specialized knowledge” in Brazil for 1 out of last three years.  New U.S. office must be a parent, affiliate, subsidiary or branch of the Brazilian company.  Brazilian company and U.S. company must share common ownership and control. I.The new U.S. business has a “qualifying relationship” with Brazilian company.

L1 Qualifying Relationships Affiliate:  One of two subsidiaries owned and controlled by the same parent company or individual or group of individuals.  Brazilian company may have more than one U.S. subsidiaries with qualifying relationships resulting in several US based affiliates. Subsidiary:  Parent company owns and controls half or more than half of the “child” company OR  Holds 50% interest in a Joint Venture and has equal control and veto power over Joint Venture OR  Owns less than half of the company but in fact controls the company.

Documents Required for “Qualifying Relationship” for L1A and L1B  Articles of Incorporation showing common ownership  Business license s showing common ownership  Annual reports showing corporate structure  Contracts or other documents showing affiliate relationship (Joint Venture Agreements, Shareholder Agreements, Partnership Agreements, etc.)  Corporate filings in US and Brazil  Other evidence showing common ownership and control over U.S. and Brazilian companies.

L1 Visa General Requirements:  Payroll records  Tax returns that show employment  Evidence of work product while employed with company in Brazil (company contracts, correspondence, memos, , etc.) II. Employment in Brazil with Brazilian company for at least 1 our of last 3 years.

L1 Visa General Requirements:  Business Plan with Organizational Charts  Evidence of company’s technology, products or services based upon applicant’s work.  Loans/financing on behalf of company.  Performance reviews  Curriculum Vitae III. Employment in Brazil with Brazilian company was in an executive or managerial capacity.

L1 Visa General Requirements:  Signed lease or sub-lease agreement.  Mortgage or other proof of real estate purchase  Business plan, marketing materials or other descriptions of the business showing activity or business in office space acquired.  Show in business plan or executive summary the amount of U.S. investment and company’s financial ability to do business in U.S. IV. U.S. Company has secured sufficient space for new office.

L1 Visa General Requirements:  Must show new U.S. business is fully functioning  Purchase orders or contracts  Bank statements  Financial reports showing monthly income.  Continued venture capital investments or other 3 rd party contributions  Media coverage of business  Job descriptions of new employees (relieving executive of non-qualifying duties). V. After 1 year new U.S. company must support a manager or executive position (if requesting extension for L1A).

Comparison of L1A and L1B Visas L1A Executive or Managerial L1A visa holder can file green card in EB1C category, can avoid filing the PERM labor certification and usually get green card within less than one year. L1B “Specialized Knowledge” Employers of most L1B visa holders would need PERM labor certification approval to get them green card. L1 A vs. L1B Paths to Green Card

 Labor certification (PERM) with U.S. Department of Labor must be made by sponsoring U.S. based employer.  Employer must show period of recruitment.  Employer files application with the DOL stating not possible to find a qualified U.S. worker to fill position.  Wage being offered to employee must meet DOL prevailing wage standards.  Job must be full time, "permanent" and located in United States.  Employee files for I-140 Immigrant Petition for Alien Worker and I-485 Application to Register Permanent Residence to receive green card (8-12 months). Labor Certification offers a path to green card. PERM PROCESS Path to Green Card

Investor Based Visas EB-5 Immigrant visa. Leads to green card for applicant and family. Processing time 8-12 months. E-2 Citizens of treaty countries only  Investment from $500,000 to $1,000,000 depending on type of investment.  Funds must be from legal source and “at risk” (no guarantee for repayment of investment).  Investor must exercise some management over investment (for example, voting rights).   NOT available for Brazilian citizens BUT is available for Brazilians with dual citizenship with treaty country (Italy, Spain, UK, etc.)

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