US visas are divided into 2 categories: immigrants and non-immigrants.
There are dozens of different visa categories. Below are the most common visas for people looking to undertake business in the United States.
E-2 (Treaty Investors)
The E-2 (non-immigrant category) visa allows a citizen of a treaty country (a country with which the US has a trade or shipping treaty) to be admitted to the United States by investing a substantial amount of capital in a business in the USA.
Brazil is unfortunately not a signatory to these trade and shipping treaty with the US, but Brazilian citizens who have passports from countries such as Italy, Argentina, Spain, Germany, Japan, Colombia, Mexico, among others (see full list here), may apply for this visa.
There are a number of additional requirements for this visa. To assess whether your case fits this category, click here to schedule an appointment.
L-1A (Transfer of Executive or Manager)
The L-1A (non-immigrant category) visa allows a US employer to transfer an executive or manager from one of its overseas affiliated offices to one of its US offices. This category also allows a foreign company that does not have a US affiliate office to send an executive or manager to the United States for the purpose of establishing the US branch.
US laws do not determine the minimum investment amount to apply for this visa. The investment should be commensurate with the complexity of the business being opened, but practice shows that in the services segment, where implementation costs are typically lower, investments starting at $ 100,000 are already considered reasonable.
There are a number of additional requirements for this visa. To evaluate if your case fits this type of visa, click here and schedule an appointment.
The First Preferred Employment Visa (EB-1 visa) is an immigrant visa, which allows the beneficiary to become a permanent resident. This type of visa is appropriate for professionals with outstanding skills in athletics, education, business, arts or science.
This professional does not need to submit a job offer or a job certification, he may apply for the EB-1 for himself/ herself.
However, he/she must provide “clear evidence” that will continue its work in the United States.
If you want to know if you can have an EB-1 visa, click here and schedule an appointment.
EB-5 (Immigrant Investor Program)
Perhaps the most famous of American visas, the EB-5 is an excellent alternative for those who do not fit in other visa categories, or for those who want to minimize the risk of a negative application.
Through this program, you can invest directly in your own business, or through a Regional Center, to generate full-time employment for at least 10 Americans, and after approximately 18 months, you get a temporary green card.
With the new rules to apply for this visa, starting from 21/11/2019, the new investment amount will be $ 900,000. Until then, it is still possible to apply for the EB-5 visa with the lowest value of $ 500,000.
The great advantages of this visa are the fact that it is a direct green card, and it has low risks of disapproval by USCIS, provided, of course, that the applicant follows the visa rules. The disadvantage is that it is an expensive visa (in addition to the $ 500,000, usually $ 75,000 more is spent on fees and attorneys) and time consuming (about 18 months to get the temporary green card).
To learn more about this visa, click here and schedule an appointment.
The Second Preferred Employment Visa (EB-2 NIW) is a green card for professionals considered exceptional in their field.
If the applicant can prove that their work will benefit the US nationally, the National Interest Waiver can be applied for, which allows the applicant to apply for a green card without the need for a US job sponsor.
In addition to proving the benefit that the professional can bring to the US, he/she must prove at least 3 criteria between: academic background in the area of your exceptional ability (ex: bachelor plus 5 years of experience, or master or postgraduate), good letters of reference, evidence of over 10 years of experience in his/her area and great achievements already made in his/her career, positions in professional associations, remuneration received well above the market average, among others.
The most commonly used evidence in this type of process are diplomas, letters of recommendation, photos of awards received, or lectures given, media stories talking about the candidate's work, etc.
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