The first rule to safely migrate to the United States is to look for a reputable and experienced migration lawyer, like the staff at Kravitz & Guerra Law Office, who have been serving the International Community for almost 40 years, with combined experience of over 60 years.
With a proper analysis by your Immigration Lawyer, you will learn the type of visa that is appropriate to your personal circumstances and only then, submit the process with as much information as possible.
There are dozens of different types of visas, which require different skills, education, experience, and/ or resources.
In this article, we highlight three types of visa, which require financial resources:
Executive or manager transfer visa (L-1)
• The Brazilian company, from which the executive will be relocated, needs to be in business and have enough employees to support the beneficiary’s executive or managerial position.
• The person to be transferred must have had a relationship with the Brazilian company for at least one year within the last three years.
• For visa purposes, an executive or managerial position means, in general, coordinating managers and these, in turn, supervising employees.
• Finally, the original Brazilian company – or its majority shareholders – also needs to control the majority of the shares, at least 51% of the American company, or vice versa.
• It is important to note that the Brazilian and American companies do not need to be in the same industry.
For spouses and children, unmarried, under 21 years old, companion visas are granted. Also, the spouse can apply for an open work permit.
Finally, after renewing the L-1 visa, there is the possibility to apply for permanent residence, the Greencard.
Update
On June 22, President Donald Trump signed an executive order suspending the issuance of new work visas until December 31, 2020.
In addition to the H-1B visa, the temporary suspension will also apply to the new H-2B visas, for seasonal workers in the landscaping and other non-agricultural jobs, J-1 visas for short-term workers, and L -1 for transfers internal employees of the same company.
The new restrictions do not apply to visa holders who are already in the USA or to people outside the country, who have already received their visas.
issuing green cards to people with the process already underway.
Investor Visa (E-2)
It allows foreigners who are citizens of a country with a “Treaty of Trade” agreement with the United States (Brazil does not have this type of agreement yet) to make an investment and stay in the country to carry out business activities.
• The investor must hold the majority of the shares of the American investing company and must have the power of control over commercial activities.
• The investment must be substantial and “at-risk”, that is, in commerce, not passive.
• The business in the United States must be involved in active trade or provision of services.
• Investment cannot be marginal. It must generate significantly more income than necessary to maintain the standard of living of the investor and his family, or it must have a significant economic impact in the United States.
The duration of the visa will depend on the reciprocity agreement between the United States and the applicant’s country of citizenship.
For spouses and children, unmarried, under 21 years old, companion visas are granted. Also, the spouse can apply for an open work permit.
Finally, it is worth mentioning that the E-2 visa does not automatically lead to permanent residence.
Investment (EB-5)
Permanent residence in the United States (Greencard) can be obtained through the EB-5 Visa Program. With an investment of $ 900,000 or $ 1,8 million, the potential investor can receive the Greencard, which is initially conditional, valid for two years.
• The potential investor may invest in a personally managed commercial company; or
• the potential investor can invest in a pool that pays for a commercial company controlled and managed by third parties, or
• the potential investor can make the investment through a “regional center”: government-approved entities that operate in a specific area of the United States.
The investment must create at least 10 new jobs. It is of utmost importance that the investor ascertains the reputation of the regional center, as well as that he does his due diligence, with the help of qualified professionals, studying the various facets of the viability of the business in which he intends to invest.
Finally, spouses and children, unmarried, under 21 years of age, are also eligible to obtain the Greencard.
