In recent years, we had the opportunity of following and advising hundreds of people and companies who decided to move or to do business in the USA. Obviously, the migratory matters are the main problem of this process.

The professional advising for migratory matters is essential for whoever wishes to do business, invest or move to the USA. The chosen visa must follow the purpose intended in America and, consequently, brings a series of taxes and professional unfolds.

MEET THE MOST WANTED VISAS FOR WHOEVER WISHES TO LIVE IN THE USA.

The EB-5 is a program of investor’s visa created by the American Congress in 1990, to support American companies who wished to raise their capital, and to connect them to investors wishing to move to the USA, benefiting both parts.

The program allows the attainment of the “Green Card”, the permanent residence in the USA.

The agency that rules the EB-5 programs and approves the regional centers of the Program to stimulate investments from abroad in the USA is the United States Citizenship and Immigration Services (USCIS).

REQUIREMENTS:

 Capital: Minimum of US$500,000.00 invested on a program approved by (USCIS).

 The generation of new jobs: to create and maintain at least 10 (ten) jobs for American workers.

 Eligibility: Evidence that the client was not condemned by a murder, hasn’t perpetrated financial fraud, and hasn’t previously violated USA migration laws.

 Origination of the Resources: The resources should have been obtained through legal ways, as salaries from licit jobs, donations from family, employers or friends, or profits resulting from the sale of properties, real estate or other assets, or borrowed money (as long as it’s guaranteed and there’s the obligation to pay back).

The L-1 visa allows a foreign company to transfer a key manager employee to run a branch office. The company, on American soil, may be new or already in activity.

The aforementioned visa is not restricted to operations of a certain amount, nor is a requisite that the foreign company and the American company work on the same kind of business. But the American company will have a working staff managed professional designed by L-1.

A great advantage of the L-1 is that, in some circumstances, with a L-1 one can be able to, later, come to obtain a Green Card, without the work certification process. Subsequently, a L-1 consort can obtain work authorization during his/her stay in the USA.

REQUIREMENTS

 The social control of the Brazilian and the American companies must be the same.

 The applicant to the visa has to be employed in management or administration job on the Brazilian company for at least one continuous year on the last three years anteceding the transference to the USA.

STEP-BY-STEP: FROM L1 TO GREEN CARD

The First Preference 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 extraordinary skills in athletics, education, business, arts or science. In short, they are at the top of their field. A professional with extraordinary skill does not need to submit an offer of employment, nor a job certification. This visa allows the worker to request the EB-1A for himself. However, it must present “clear evidence” that will continue its work in the United States.

NO NEED FOR A JOB OFFER

RECOGNIZED INTERNATIONAL AWARD NEEDED (NOBEL, PULITZER, ETC.)

DOCUMENTATION OF EVIDENCE CATEGORIES SPECIFIED IN THE REGULATION:

1. Receipt of national or international awards for works of excellence.
2. Membership in associations that demand excellent performance from their members.
3. Material published in professional commercial publications or in major mass media about the foreigner and the field of work of the same.
4. Scientific, academic or artistic contributions of great importance.
5. Authorship of scientific articles.
6. Exhibitions and artistic shows.
7. Lead role within an organization with an excellent reputation.
8. High salary / remuneration for services.
9. Participation with the judge, evaluating the work of others.
10. Commercial success.

EB-2 visas are reserved for foreign workers who have exceptional ability and whose immigration is in the National interest. Professionals with a postgraduate degree who apply through the PERM process go through a three-step process:

 The employer requires a labor certification application (commonly referred to as a PERM) in the Labor Department.

 Once the PERM is approved, the employer completes an I-140 Immigrant Alien Worker Petition made available by USCIS.

 If your priority date is current, the employee completes an Status Adjustment application (I-485) if he/she is in the US. If the employee is abroad, it is necessary to apply for an immigrant visa through a consular processing administered by the National Visa Center.

To qualify for this subcategory, the applicant must demonstrate that his or her immigration to the US will prospectively benefit the United States economy, cultural or educational interests, or well-being because of his exceptional ability in science, the arts, or business.

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