Business visas and pathways to residency in the USA
The migration decision should align with the company's strategy, the executive's role, the corporate structure, the investment, and the operational plan in the United States.
There is no such thing as a "best viewed" in the abstract.
Business owners, partners, executives, and strategic professionals arrive in the U.S. through different paths. This responsible analysis considers operations in Brazil, the relationship with the American company, nationality, trade between the countries, committed capital, professional trajectory, and objectives for remaining in the country.
Transfer of an executive or manager
Recommended for intra-company transfers when there is a qualified relationship between the foreign and American operations, an executive or managerial role, and prior experience in the foreign organization.
Substantial trade
Applicable to nationals of treaty countries when there is substantial, continuous, and predominantly trade between the U.S. and the treaty country.
Investment and active operation
Non-immigrant category for eligible national investors who make a substantial investment in a real, operating U.S. business.
Distinguished professional career
Designed for professionals with recognized and proven outstanding ability in their field, and with a coherent documentation strategy and position in the U.S.
Immigration alternatives require proper planning.
Qualification and national interest
A residency route that depends on qualifications and demonstrating that waiving the job offer serves the national interest of the United States.
Residence by investment
Immigration pathway based on capital investment in a qualified commercial enterprise and job creation, subject to applicable rules.
Business structure and migration strategy need to be aligned.
Opening a company, in itself, does not grant immigration rights. Similarly, a visa strategy does not replace the correct definition of corporate structure, operations, governance, documentation, and financial planning.
Questions that guide the decision.
Does opening an LLC guarantee a visa?
No. The company can be a relevant part of the plan, but each migration category has its own requirements. Eligibility depends on the set of facts, documents, investment, function, and operation.
Can I use a European passport for E-1 or E-2 visas?
The investor's nationality is one of the points of analysis for these categories. Classification requires verifying the existence of an applicable treaty and other requirements specific to the case.
Can my family accompany the policyholder?
Dependent rules vary depending on the category. The analysis should include spouse and children from the initial planning stages, especially regarding studies, authorized work, and length of stay.
What is the relationship between L-1A and company expansion?
The L-1A visa may be relevant when a foreign company creates, acquires, or maintains a related operation in the U.S. and transfers a qualified executive or manager. The corporate relationship and operational plan need to be consistent.
Plan the complete strategy.
Executive mobility must be aligned with opening a company in the USA, to choose between LLC, Corporation or Holding and to the plan of international expansion.
Naventia is responsible for the strategy and coordination of the project. Eligibility and legal management of the immigration process must be assessed on a case-by-case basis and, when necessary, with qualified professionals in the United States.