Yes, it is possible for a Brazilian company to hire employees in the US through three main methods: hiring a US citizen or resident, petitioning for a work visa for an employee, or operating through an independent contractor or Employer of Record.
Regardless of the route taken, the employer faces immediate obligations such as Form I-9, obtaining an EIN, and complying with payroll withholdings and the FLSA. When the company does not yet have a presence in the U.S. or needs to petition for a visa, it is worthwhile to seek specialized advice before proceeding.
In summary:
- Hiring a U.S. citizen or resident requires an active legal entity, EIN, and payroll implemented in the company.
- Applying for a work visa transfers legal responsibility for the immigration process, including deadlines and conditions, to the employer.
- Service contracts can be considered employment contracts if there is control over working hours, tools, or exclusivity, generating tax risks.
- Implementing a payroll system through an EOR or external provider avoids the need to initially create your own entity.
- Hiring processes requiring a visa involve costs for fees, legal fees, and waiting time, which vary depending on the type of visa and the complexity of the case.
Index
- What are the legal options for hiring employees in the US?
- Hiring employees in the US: the most common work visas and the employer's role.
- Tax and payroll obligations when hiring employees in the USA.
- How much does it cost and how long does it take to hire employees in the US?
- Practical checklist to start hiring employees in the US now.
- Hiring employees in the US: what Naventia offers to support this process.
- What really prevents Brazilian companies from hiring employees in the US?
- How Naventia helps your company hire employees in the USA.
- Sources
- Frequently Asked Questions
What are the legal options for hiring in the United States?
The choice of route depends on how well the company is already established in the US and the urgency of hiring someone. Each path carries different obligations and risks that impact the budget differently.
Hiring a U.S. citizen or resident directly is the simplest route from an immigration standpoint, but it requires the company to already have a legal entity in the U.S., an active EIN, and a functioning payroll system.
The company fully assumes HR obligations: tax withholding, benefits, state unemployment insurance, and registration of the new employee.
Applying for a work visa is necessary when the person the company wants to hire does not have prior authorization to work in the U.S. This typically involves... Form I-129, The petition is submitted to USCIS, and the employer becomes legally responsible for it, meeting deadlines, and adhering to the stated conditions.
Hiring through a service contract seems like the quickest way out, but it's also the riskiest: the IRS and the Department of Labor analyze the actual relationship of control, not the contract label, and may reclassify the contractor as an employee if they identify subordination, fixed hours, or exclusivity.
An Employer of Record (EOR) or PEO comes in as an operational solution when a company wants to test the American market without immediately opening its own entity: the EOR formalizes the employment relationship locally and takes over payroll, while the Brazilian company maintains strategic control of the function.
- Direct hiring requires a US-based entity, EIN, and separate payroll.
- A visa application transfers legal responsibility for the process to the employer.
- A poorly rated independent contractor poses a real tax risk to the IRS and DOL.
- EOR allows you to operate without immediately opening your own company.
Most common work visas and the employer's role in each.
When hiring depends on a visa, the employer is no longer just the one who pays the salary, but becomes an active part of the immigration process. Each category has its own requirements, and mistakes in preparation cost time and money.
- H-1B: requires a Labor Condition Application certified by Department of Labor, This involves the employer attesting to the prevailing salary and working conditions, followed by Form I-129 submitted to USCIS. The schedule typically begins months before the intended start date.
- L-1This requires proof of a corporate relationship between the Brazilian company and the American entity, as well as evidence that the employee worked at the original company for a sufficient period before the transfer. Companies with multiple branches may consider using blanket L to expedite future petitions.
- H-2BIntended for temporary non-agricultural work, it requires prior certification from the Department of Labor proving that there is no local workforce available, in addition to documented local recruitment prior to the petition.
- E-2 and EB-2 NIWThese options serve as alternatives when the goal is to bring in an investor or a professional with significant national interest, each with their own requirements that deviate from the standard employee hiring model.
In all four cases, USCIS requires the employer to prove the existence of a genuine employer-employee relationship, with control over hiring, pay, and supervision. One of the most common errors in petitions is precisely the failure to clearly demonstrate how supervision will be exercised, especially in models of labor allocation in third-party projects.
Pro tip: Gather evidence of direct supervision (organizational chart, employment contract, pay history) before submitting any petition; this reduces the risk of requests for additional evidence.
Tax and payroll obligations when hiring in the US
Before issuing the first paycheck, the company needs to resolve a series of obligations that... IRS It is treated as a prerequisite for any formal hiring.
- O EIN (Employer Identification Number) is obtained directly from the IRS and functions like the company's CNPJ in the US, necessary for opening a bank account, processing payroll, and collecting taxes.
- O Form I-9 It verifies the identity and work authorization of each new hire; the employer must complete the form and retain the documentation, an obligation that has existed since 1986 for all new hires in the U.S.
- O Form W-4 defines employee withholdings, and the Form W-2 It consolidates the amounts paid and withheld throughout the year, sent to the employee, and reported to the IRS and Social Security Administration.
- Employer taxes such as HE IS (social security and Medicare) and FUTA (Federal unemployment insurance) contributions are collected by the employer; FUTA, in particular, is the sole responsibility of the company and cannot be deducted from the employee's salary, and timely payment of state unemployment taxes usually generates a credit against the federal rate.
- The record of new hire Working alongside the state and maintaining records of hours, salaries, and forms for several years completes the minimum set of obligations.
Every employer in the U.S. needs to verify the work authorization of each employee through Form I-9., This is a requirement that applies to any company, American or foreign, from the very first hire, according to USCIS.
The rules vary by state on points such as unemployment insurance, paid leave, and minimum wage, which means that a payslip set up for Florida will rarely work without adjustments for New York or California.
How much does it cost and how long does it take to hire in the US?
Budgeting for an international hire requires adding administrative fees, legal fees, and the cost of maintaining payroll, as well as allowing for a margin to account for delays in the immigration process.
- USCIS fees, LCA costs with the DOL, and consular fees make up the base cost of the process when a visa petition is involved.
- Fees for immigration lawyers and specialized accountants typically represent the largest portion of the total budget, varying according to the complexity of the case.
- Implementing a compliant payroll system, whether in-house or via EOR, has recurring monthly costs that need to be included in the planning from the start.
- The time between the hiring decision and the first day of work involves the LCA (Legal Authorization Certificate), the processing of Form I-129, consular scheduling when applicable, and only then operational onboarding.
- Requests for evidence (RFEs), labor audits, and compliance issues in the original petition are the main factors that extend deadlines and increase costs beyond what was anticipated.
Practical checklist to start hiring in the US now.
Turning a decision into action requires a clear sequence, because each step depends on the previous one being resolved.
- Decide on the route (local hiring, visa application, or EOR) and document your choice in writing; this will also help with any future audits.
- Obtain the EIN, prepare the formal job offer, and collect the W-4, I-9, and Social Security number of the recruiter.
- If a petition is required, gather evidence of the employment relationship, prepare the LCA or applicable temporary certification, and assemble Form I-129 with ample time in your schedule.
- Configure payroll, choosing between own provider or EOR, and adjust withholdings and benefits according to the hiring status.
- Create a state compliance checklist and a contingency plan to handle audits or requests for evidence without disrupting operations.
Pro tip: Treat the checklist as a living document, reviewed with each new hire, because state rules and IRS forms change frequently.
Those who prefer not to set up this structure themselves can turn to platforms specializing in remote hiring, as described here. American HR compliance guide, or evaluate an Employer of Record provider as an operational alternative to direct linking.
What does Naventia offer to support this process?
The company, operating with experts residing in the United States, provides guidance based on local knowledge regarding corporate structuring, tax planning, and business visa support. The service covers everything from initial diagnosis to the operational positioning of the company in the American market.
It is important to emphasize that final decisions regarding visa and petition approvals remain the prerogative of USCIS, the Department of Labor, and American consulates; the consulting services prepare the groundwork, but do not replace the official analysis.
What is really holding Brazilian companies back in this process?
Most Brazilian companies treat hiring in the US as a matter of formwork, when in practice it's a structural problem. The most common mistake isn't filling out Form I-129 incorrectly or forgetting a W-4; it's deciding on the hiring route before deciding on the model for establishing a presence in the US.
Companies attempting to secure a work visa for an operation lacking a local entity, bank account, and payroll setup end up spending months correcting the information before even submitting the petition.
The most frequently repeated piece of advice in the market (hire an independent contractor to simplify things) is also the one that generates the most hidden liabilities, because the line between contractor and employee is defined by the factual control exercised on a daily basis, not by what is written in the contract.
A company that dictates hours, tools, and exclusivity is, in practice, employing someone, even if payment is made via an invoice.
If there is a real priority for 2026, it is to resolve the corporate and tax structure before even thinking about visa applications. The right form in the wrong structure solves nothing, it only postpones the problem.
— Flavio Inacarato
How Naventia helps your company hire in the US.
Naventia takes care of the part that most hinders Brazilian companies: setting up the right structure before any paperwork is completed. This means less rework and aligned tax and legal decisions from the start.
- Tax, legal, and operational planning tailored to the business reality.
- Preparation of documentation for visa applications and support in setting up payroll.
- Ongoing follow-up with specialists living in the United States.
Get to know them strategic consulting services for entering the American market and schedule a diagnostic assessment to determine the safest route for your hiring.
Sources
Always consult official websites before taking action; they are updated more frequently than any guide. References used in this article: USCIS on Form I-9, Department of Labor on FLSA, USCIS Form I-129, and IRS hiring guidance.
- Fair Labor Standards Act (FLSA) | US Department of Labor
- Form I-129, Petition for a Nonimmigrant Worker | USCIS
- Hiring Employees | IRS
Frequently Asked Questions
How can a Brazilian company hire employees in the US?
Brazilian companies of various sizes hire in the US when they establish a local entity or expand business operations in the country, generally starting with a few strategic positions. The most common approach involves establishing their own structure in the United States before formalizing any hiring.
How can I hire a foreigner to work in Brazil?
Hiring a foreigner in Brazil follows Brazilian labor laws and requires the professional to have a valid work visa or residence permit in the country. This process is regulated by Brazilian agencies and should not be confused with hiring Brazilians to work in the United States.
How much does a salaried employee earn in the United States?
The United States does not have a CLT (Consolidation of Labor Laws) regime; the closest equivalent is an employee hired directly under American labor law, whose federal minimum wage is US$$7.25 per hour according to the FLSA. The actual amount varies considerably by state, sector, and position, as several states set minimum wages above the federal one.
How can a Brazilian work legally in the USA?
Working legally in the U.S. as a Brazilian requires an employer-sponsored work visa, such as H-1B, L-1, or H-2B, each petitioned via Form I-129 with USCIS. Alternatives like the E-2 visa are for those who invest and operate directly in the American market, rather than being hired by third parties.
