Immigrate to the United States

O-1 — Individuals with Extraordinary Ability

The O-1 is a temporary classification for individuals with extraordinary ability in the sciences, education, business, athletics, or the arts, as well as people with extraordinary achievement in motion pictures or television. USCIS describes the requirement as sustained national or international acclaim or a record of extraordinary achievement. [1]

It is often considered for technology professionals, entrepreneurs, executives, researchers, artists, athletes, and specialists with significant evidence of recognition in their field.

The analysis may consider awards, publications, participation as a judge, significant contributions, leadership positions, high remuneration, press coverage, and other elements established by the rules. USCIS states that the petition is generally filed by a U.S. employer, U.S. agent, or foreign employer through a U.S. agent, depending on the case structure. [1]

May be worth studying when: the person has a distinctive career and consistent documentation of professional recognition.

Point of attention: experience or professional success alone does not necessarily satisfy O-1 requirements. The strength, quality, and totality of the evidence must be assessed.

Suggested internal link: /visto-o1-eua/

EB-1 — Green Card for Extraordinary Ability, Professors, Researchers, or Multinational Executives

EB-1 is an employment-based immigration category with subcategories for individuals with extraordinary ability, outstanding professors or researchers, and certain multinational executives or managers. [2]

For extraordinary ability, USCIS indicates the need to demonstrate sustained national or international acclaim, generally through specific documentary criteria or a single major achievement. This subcategory does not require a job offer or labor certification, although the case must show that the person will continue working in the area of expertise. [2]

The multinational executive or manager subcategory may be relevant to professionals already working for a foreign company related to a U.S. entity and who meet the function, relationship, and professional-history requirements.

May be worth studying when: there is substantial recognition, a distinguished academic record, or a qualified relationship between a foreign company and a U.S. company.

Point of attention: EB-1 is not simply a faster version of O-1. They are different classifications with different requirements, evidence, and immigration consequences.

Suggested internal link: /eb1-estados-unidos/

EB-2 NIW — National Interest Waiver

EB-2 covers professionals with an advanced degree or individuals with exceptional ability. Within this category, the National Interest Waiver may allow the job-offer and labor-certification requirements to be waived when the request demonstrates that the waiver serves the national interest of the United States. [3]

In certain situations, the beneficiary may file the EB-2 NIW petition independently, without relying on an employer sponsor. USCIS reviews the complete evidence and considers factors related to the substantial merit and national importance of the proposed endeavor, the person’s position to advance that endeavor, and the benefit of waiving the job offer and labor certification. [3]

The category may be studied by qualified professionals, entrepreneurs, researchers, specialists, and people with a professional or business project that may be relevant in the United States.

May be worth studying when: education, experience, and the professional proposal are connected to a specific endeavor with substantial merit and possible national importance.

Point of attention: an important profession or strong résumé is not automatically sufficient. The argument and documentation must be coherent with the applicable criteria.

Suggested internal link: /eb2-niw-estados-unidos/

E-2 — Treaty Investor

The E-2 is a temporary classification for nationals of countries with a qualifying treaty of commerce and navigation or agreement with the United States who invest substantial capital in a U.S. enterprise and intend to develop and direct that business. [4]

Brazilian nationality alone does not qualify someone for E-2. However, Brazilians who also hold citizenship of an eligible country may study this possibility. Italy appears on the official list of countries with an applicable treaty, but Italian citizenship does not guarantee approval: the investment, enterprise, control, and operation requirements must still be met. [5]

USCIS describes the investment as substantial in relation to the cost of the enterprise, sufficient to demonstrate financial commitment, and adequate to support the operation. The enterprise must also be real, active, and commercial rather than marginal under the applicable rules. [4]

May be worth studying when: the person has citizenship of an eligible country, capital to invest, and a real plan to develop and direct a U.S. business.

Point of attention: E-2 is not an automatic Green Card. It is a nonimmigrant classification with its own maintenance rules and an intention to depart the United States when the status ends.

Suggested internal link: /visto-e2-estados-unidos/

L-1 — Transfer of Executives and Managers

The L-1 allows a U.S. company to transfer an executive or manager from an affiliated, parent, subsidiary, or related foreign company. The category may also allow a foreign company to send an executive or manager to the United States to establish a new office. [6]

General requirements include a qualifying relationship between the companies, continuity of the operation, and normally at least one year of continuous work abroad for the related organization within the period required by the rules. The professional must enter the United States to serve in an executive or managerial capacity. [6]

This may be relevant to Brazilians who have an active company in Brazil and want to establish a U.S. presence, provided that the corporate relationship, professional history, operation, and office plan meet the applicable requirements.

May be worth studying when: there is an active company in Brazil, a qualifying relationship with the U.S. structure, and a compatible executive or managerial role.

Point of attention: merely opening a company in the United States, without an operation, qualifying relationship, or compatible organizational plan, does not automatically create L-1 eligibility.

Suggested internal link: /visto-l1-estados-unidos/

EB-5 — Immigrant Investor

EB-5 is an immigration category for investors who make the required investment in a U.S. commercial enterprise and plan to create or preserve ten full-time permanent jobs for qualified workers, according to the program requirements. The investor, spouse, and unmarried children under 21 may be eligible for permanent residence when the requirements are met. [7]

It is relevant to present to people with investment capacity and interest in a capital- and job-creation-based immigration route. However, it is a complex program requiring analysis of source of funds, investment structure, project, jobs, documentation, and other legal requirements.

May be worth studying when: there is compatible capital, a documentable source of funds, and interest in an investment-based immigration program.

Point of attention: EB-5 should not be presented as a simple property purchase or financial investment. The investment and jobs must meet the program’s specific requirements.