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U.S. Immigration Essentials
What Brazilian Businesses and
Investors Need to Know
a joint presentation by
Almeida Advogados Direito Corporativo and
©Gunster, Yoakley & Stewart, P.A.
São Paulo, Brazil
October 2015
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Why We Are Giving This Program
• More than 1.6 million Brazilians visited the U.S
in 2014, contributing over $9 billion to the U.S.
economy.
• More and more Brazilians are traveling to the
U.S., studying in the U.S. or participating in
exchange programs, expanding their businesses
to the U.S. and investing in new U.S. ventures.
• Temporary or permanent immigration to the U.S.
should be done with careful planning.
Overview
• The Key Planning Steps before Making an
Investment or Starting a Business in the
United States
• Avoiding missteps with the commonly used
and abused Business Visitor (B-1) visa.
• Four (4) long term temporary visa
classifications you should consider before a
Green Card
• Obtaining Permanent Residence (“A Green
Card)
Most Common Temporary and
Permanent Visas for Brazilians
Nonimmigrant Visas (Temporary)
B-1 Business Visitor
L-1 Intra Company Transferee
E-1/E-2 Treaty Traders/Treat Investors
H-1B Professional
O-1 Extraordinary Ability
Immigrant Visas
(Permanent )
“Green Card”
Multinational Executive/
Manager – EB-1
Family Immigration
EB-5 Immigrant
Investor
5
B-1 Business Visitor
Visitor for Business (B-1)
• Apply a U.S. Consulate
• B-1 permits commercial transactions that
do not include gainful employment – such
as attending meetings, signing contracts,
undertaking an independent investigation,
or for litigation.
L-1 Intracompany Transferee
Intracompany Transferee (L-1)
• Requirements
– Within the preceding 3 years, the alien has been
continuously employed outside the United States
for one year as an executive, manager, or
individual with "specialized knowledge;"
– Will be transferred to the U.S. temporarily to be
employed by a related parent, affiliate,
subsidiary, or branch of his/her employer
abroad; and
– The employment will be in an executive,
managerial or "specialized knowledge" position.
Intracompany Transferee (L-1)
• Duration
– 7 years – executive or manager
– 5 years - “specialized knowledge” personnel
E-1/E-2
Treaty Traders/Treaty Investors
Treaty Trader and Treaty Investor
(E-1/E-2)
• (E-1/E-2) visas are based upon treaties
that facilitate economic and commercial
interaction between the United States
and the treaty country.
• Unfortunately, there is no such treaty with
Brazil. However many Brazilians are dual
nationals with Treaty countries.
• For example, Brazilians with Italian,
Japanese, and Spanish passports qualify.
Treaty Trader and Treaty Investor
(E-1/E-2)
• Generally apply at U.S. Consulate
• Duration
– Brazilians with Spanish, Italian or Japanese
citizenship – visa for 5 years.
– Period of each admission – 2 years.
– The visa can be renewed indefinitely by the
principal investor, an executive or a
supervisor.
H-1B Professional
Specialty Occupation (H-1B)
• “Specialty occupation” workers are professionals,
such as accountants, financial analysts, lawyers,
computer systems analysts, engineers, physicians
and university professors.
• Requirements
– Baccalaureate Degree or the equivalent by work
experience; and
– The position requires a baccalaureate degree.
• Duration
– 6 years
– Initial approval for 3 years, with eligibility to extend
for an additional 3 years.
Specialty Occupation (H-1B)
• Considerations
– Numerical quota - 85,000 visas annually;
20,000 are reserved for individuals with
masters degrees from institutions of higher
learning in the United States.
– Certain exemptions apply.
O-1 Extraordinary Ability
Extraordinary Ability (O-1)
• The O-1 classification applies to an
individual of extraordinary ability in the
sciences, the arts, education, business or
athletics.
• Requirements
– Nominated for or received international
awards such as the Nobel Prize, a Grammy
Award, an Emmy Award, or, alternatively….
Extraordinary Ability (O-1)
• At least three (3) of the following forms of
documentation:
–
–
–
–
International or national awards for excellence;
Publications written by or about the applicant;
Evidence of an original contribution of major significance;
Evidence of significant commercial success or critical
acclaim;
– Evidence of having performed a leading role or been
employed in critical capacity for organizations or
productions with a distinguished reputation;
– Evidence of national or international recognition
achievements as recognized by critics, organizations,
governmental agencies, or well known experts; or
– Evidence of having commanded a high salary or other
remuneration.
Extraordinary Ability (O-1)
• Duration
– Initial 3 year period.
– Extensions in one year increments
indefinitely.
Permanent Residence – “Green
Card”
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The Green Card Process
Labor
Certification
(PERM)
EmploymentBased
Immigrant
Petition
Family-Based
Immigrant
Petition
Consular Processing
or
Adjustment of Status
Priority Date Current
Exempt:
•Extraordinary Ability
• Exceptional Ability/
National Interest
• Multinational Executive or
Manager
• Outstanding Professor or
Researcher
• Certain DOL exempted
occupations
(e.g. RNs, PTs)
• Alien entrepreneur –
Immigrant Investor “Million
Dollar Investor”
Lawful
Permanent Resident
“Green Card”
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Visa Bulletin – September 2015
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EB-5 Immigrant Investor
EB-5 Immigrant Investor
• The EB-5 “Immigrant Investor” or “Alien
Entrepreneur” is another popular path to
obtain a Green Card.
• Also known informally as “the million dollar
investor visa.”
• Three main elements: (1) investment of
capital, (2) in a new commercial enterprise,
(3) that creates jobs.
Regular EB-5 Program
• Direct investment by the investor
• 10,000 visa numbers annually for
individuals who invest a specific minimum
amount of capital in a new, restructured or
expanded commercial enterprise or
project that will create or preserve
employment for a specific minimum
number of U.S. workers.
EB-5 Pilot Program – Regional
Center
• Indirect investment by the investor.
• 3,000 immigrant visas set aside annually.
• A Regional Center is any economic unit, public or private, which
is involved with the promotion of economic growth, including
increased export sales, improved regional productivity, job
creation, or increased domestic capital investment.
• Same general EB-5 requirements as for the Regular EB-5
Program, however, jobs creation may be direct, indirect or
induced.
• Indirect/induced jobs must be within the geographic region
approved for the Regional Center.
EB-5 Requirements – Capital
Investment
• Required minimum investment is:
• Generally, $1,000,000.
• However, for Targeted Employment Areas
(“TEAs”), i.e. rural areas or areas where the
unemployment rate is at least 150% of the
national average at the time of investment,
the minimum investment is $500,000.
Key Players
EB-5 Investor processing
Developer
Regional
Center
USCIS
Immigration
Agent
DOS
Investors
EB-5 Important Considerations
• Lengthy processing times –
– Step One -13.5 months.
– Step Two 8-12 months.
– Step Three 14 months
• Once Step One is filed, it may be more difficult
to enter the U.S. as Visitor (B-1/B-2) or Student
Visa (F-1).
• Investors will become U.S. tax residents subject
to worldwide taxation.
SUMMARY
• The Key Planning Steps before Making an
Investment or Starting a Business in the
United States
• Avoiding missteps with the commonly used
and abused Business Visitor (B-1) visa.
• Four (4) long term temporary visa
classifications you should consider before a
Green Card
• Obtaining Permanent Residence (“A Green
Card)
Biographical Information
MARIANA R. RIBEIRO ESQ.
MARIANA R. RIBEIRO, Esq. is a Shareholder in the Immigration Practice Group having joined Gunster,
Yoakley and Stewart, P.A. in 2008. Ms. Ribeiro, a native of Brazil, routinely serves our many
Portuguese speaking clients. She is a primary member of the Immigration Practice Group. Her practice
focus is on employment–based nonimmigrant and immigrant visa matters, including
Professional/Specialized
Knowledge
visas,
Trade
NAFTA
applications,
Intra-Company
Transferee/Multinational Executive or Manager Visas, Investor visas, Trainee visas, Extraordinary
Ability visas, and Labor Certification Applications, as well as Consular Processing. She possesses
experience in counseling employers regarding policies, required documentation and procedures
related to sponsoring foreign nationals and compliance with U.S. immigration laws, including H-1B
Labor Condition Application document maintenance and I-9 employment eligibility verification
requirements. Ms. Ribeiro represents clients in a variety of industries, including finance and banking,
healthcare, fashion and modeling and technology, among many others. Ms. Ribeiro has been
recognized by Chambers USA & Partners as “Leaders in their Field” (2015) and “Associate to Watch”
(2012 – 2014) as well as a Super Lawyers “Rising Star” (2010 – 2015). She is also a frequent author,
lecturer
panelist
in
the
area
of business
immigration
law.
Please
see
http://gunster.com/staff/attorneys/mariana-r-ribeiro/for a detailed list of articles, seminars and
presentations. As a National Merit Hispanic Scholar, Ms. Ribeiro received her Bachelor’s of Arts Degree
from New College of Florida in 2002. She received her J.D. Degree from the University of Florida Levin
College of Law in 2006. She is a member of the American Immigration Lawyers Association and the
American Bar Association. Ms. Ribeiro is fluent in both Portuguese and Spanish.
For more information please contact:
MARIANA R. RIBEIRO
GUNSTER, YOAKLEY & STEWART, P.A.
600 Brickell Avenue, Suite 3500
Miami, FL 33131
Office # (305) 376-6031
Fax # (305) 376-6010
mribeiro@gunster.com
Biographical Information
SARAH LEA TOBOCMAN, ESQ.
SARAH LEA TOBOCMAN, Esq. is an Equity Shareholder and Leader of the Immigration Practice Group
at Gunster, Yoakley and Stewart, P.A. Ms. Tobocman has a longstanding interest in assisting
corporations, investors and professionals with their U.S. immigration needs. Having lived and studied
in Latin America, Ms. Tobocman serves many Spanish and Portuguese speaking clients. She has been
practicing in the area of business immigration since 1983, and she has led Gunster’s Immigration
Practice Group since joining the Firm in 1999. She has handled the full array of U.S. employment-based
nonimmigrant and immigrant visas petitions and consular applications for over 28 years. She
frequently lectures, trains and writes articles for business groups on immigration laws and compliance.
Please see http://www.gunster.com/attorney/sarah-lea-tobocman/ for a detailed list of articles,
seminars and presentations. Ms. Tobocman received her B.A. degree with Honors from the University
of California at Berkeley in 1976 and her J.D. Degree from the University of San Francisco School of Law
in 1979. While an undergraduate, she also attended the Centro de Estudios Colombo-Americanos in
Association with the Universidad de los Andes in Bogotá, Colombia. She has served or currently serves
in the following professional leadership positions: President, South Florida Chapter, American
Immigration Lawyers Association, 1-year term; Board of Governors, American Immigration Lawyers
Association, 1-year term; Co-chair, Immigration Committee, International Law Section of The Florida
Bar, 3-year term; Executive Council, International Law Section of The Florida Bar, 6-year term;
Continuing Legal Education Committee, The Florida Bar, 1-year term; Co-chair, Greater Miami Chamber
of Commerce Immigration Task Force, 1-year term; Miami-Dade County Beacon Council’s International
Advisory Task Force (current). She is the recipient of the following honors: Chambers USA “Leaders in
their Field” (2008-2015); AV rated as independently determined by Martindale-Hubbell, since 1998;
“Best Lawyers in America,”, Immigration Law, 2009-15; South Florida Legal Guide, “Top Lawyer,” 200613; “Florida Super Lawyers” 2006-13; South Florida Business Journal, “Best of the Bar”, 2003. She has
appeared on CNN en Espaňol and Univision as a commentator on immigration issues. Ms. Tobocman is
fluent in Spanish and is currently studying Portuguese.
For more information please contact:
SARAH LEA TOBOCMAN
GUNSTER, YOAKLEY & STEWART, P.A.
600 Brickell Avenue, Suite 3500
Miami, FL 33131
Office # (305) 376-6065
Fax # (305) 376-6010
stobocman@gunster.com
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GUNSTER, YOAKLEY & STEWART P.A.
Gunster is one of South Florida’s oldest and largest law firms. Established in 1925,
Gunster handles a wide range of services for business clients and has particularly
strong areas of practice that involve assisting clients in the international-based
businesses areas. Gunster has over 170 attorneys within eighteen networked
practices linked across its twelve offices around the state of Florida and operates
under a philosophy that it strives to be “Florida’s Law Firm for Business.” Gunster’s
substantial and diversified practice serves an extensive client base of international,
national and local businesses, institutions, local governments and prominent
individuals. Located in South Florida, the gateway to Latin America, Gunster is the
“go-to” source for many public and private international companies doing business
in South America, and for a multitude of foreign companies from South America
seeking to invest and do business in the United States.
The Firm’s offices are physically located in twelve locations in Florida: Miami, Fort
Lauderdale, West Palm Beach, Palm Beach, Tampa, Orlando, Vero Beach, Stuart,
Jacksonville Tallahassee, the Florida Keys and Winter Park. The geographical reach
of Gunster’s services is worldwide.
For more information, please call (800) 615-1980 or visit Gunster Yoakley’s web
site at http://www.gunster.com.
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free written information about our qualifications and experience.”
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