U.S. Work Visa for Brazilian Professional and Investors: How to Get a Visa from Brazil to the U.S. 

If you are looking for a U.S. work visa for Brazilian citizens, you are not alone. Every year, thousands of Brazilian professionals, executives, entrepreneurs, and investors seek authorization to work and build long-term careers in the United States. However, before engaging in any employment in the U.S., Brazilian citizens must obtain the right work visa or employment-based green card. This guide covers the main visa categories available, who qualifies for each one, and how to apply from Brazil.  

At Colombo & Hurd, we have secured more than 2,500 EB-1A and EB-2 NIW approvals since 2023 and have extensive experience helping Brazilian nationals obtain authorization to work in the United States through both self-sponsored and employer-sponsored pathways. 

January 2026 Updates for Brazilian Petitioners using Consular Processing 

On January 14, 2026, the U.S. Department of State announced a pause on immigrant visa issuance at U.S. embassies and consulates for nationals of 75 countries, including Brazil, effective January 21, 2026. The pause affects green card applicants going through consular processing, but does not affect temporary (non-immigrant) work visas such as H-1B, L-1, or O-1. 

This policy affects only the final step of consular processing: the physical issuance of the immigrant visa in the passport. It does not prevent petitioners from filing or obtaining approval of an EB-2 NIW I-140 petition with USCIS. It also does not impact adjustment of status for eligible professionals already in the United States, and it does not cancel approved petitions or revoke immigrant visas that were already issued before the pause. 

The pause may delay timing for Brazilian professionals who reach the consular issuance stage while the measure remains in effect. The Department of State has described the action as part of a broader review related to public-benefits risk and has published clarifications (FAQs) indicatingthat interviews may still occur, but issuance will be paused for affected nationalities during this period. 

Learn more in our article “Trump Temporarily Pauses Immigrant Visas for 75 Countries: What High-Skilled Professionals Should Know.”  

U.S. Work Visa Options for Brazilian Citizens 

Brazilian citizens can apply for several types of U.S. work visas. The right option depends on your qualifications, whether you have an employer sponsor, and whether you want temporary work authorization or permanent residence (a green card). Some categories allow self-petitioning without any employer involvement. 

Visa	Temporary or Permanent	Who It’s Best For (Brazil Examples)	Sponsorship Required?
EB-1A	Permanent (Immigrant / Green Card)	Individuals with extraordinary ability	No employer required (self-petition allowed)
EB-2 NIW	Permanent (Immigrant / Green Card)	Professionals whose work is in the interest of the U.S., as evaluated under the three prongs of Dhanasar	No employer required (self-petition allowed)
EB-5	Permanent (Immigrant / Green Card)	Investors seeking U.S. residence through investment and job creation (often entrepreneurs and high-net-worth families)	No employerrequired
O-1	Temporary (Nonimmigrant)	High-achieving professionals (STEM, business leaders, artists, athletes, educators, entertainers) with a strong portfolio.	Yes (U.S. employer or agent)
L-1A / L-1B	Temporary (Nonimmigrant)	Employees transferring from a Brazil-based company to a U.S. office (executives/managers for L-1A; specialized knowledge for L-1B)	Yes (qualifying company relationship)
H-1B	Temporary (Nonimmigrant)	Professionals in specialty occupations (IT, engineering, finance, architecture) with a U.S. employer sponsor	Yes (U.S. employer)

Which U.S. Work Visa Is Right For Me? 

Choosing the right American work visa from Brazil depends on your professional profile, goals, and whether you have employer sponsorship. The guide below can help you identify your best pathway: 

Your Situation	Best Visa Option(s)
I have a U.S. employer ready to sponsor me	H-1B (specialty occupation) or L-1 (intracompany transfer)
I want to self-petition without an employer	EB-1A (extraordinary ability) or EB-2 NIW (National Iinterest Waiver)
I am transferring from my Brazilian company to its U.S. office	L-1A (executive/manager) or L-1B (specialized knowledge)
I want to invest capital and get a green card	EB-5 Immigrant Investor
I have extraordinary achievements in my field	O-1 (temporary, requires U.S. employer or agent) or EB-1A (permanent green card, self-petition)
I hold dual citizenship with an E-2 treaty country	E-2 Treaty Investor (using treaty country nationality)

Many Brazilian professionals qualify for more than one visa category. A strategic evaluation of your background, timeline, and long-term goals can help identify the strongest option. For a personalized assessment, contact Colombo & Hurd to evaluate your profile. 

Employment-Based Green Cards: Direct Path to Permanent Residency 

EB-1A Visa for Extraordinary Ability 

The EB-1A Extraordinary Ability immigrant visa is designed for individuals who have reached the top of their field and can demonstrate sustained national or international recognition. This category allows qualified petitioners to self-petition for permanent residence, meaning no employer sponsorship or job offer is required. 

The EB-1A is one of the most powerful employment-based green card options available and is particularly well suited for professionals whose work has had measurable impact, visibility, and influence within their industry. 

EB-1A Evidence Requirements 

USCIS requires petitioners to meet at least three of the ten regulatory criteria (or have a one-time major award, such as a Nobel Prize or other similarly prestigious, internationally recognized award). Evidence may include: 

• Receipt of nationally or internationally recognized prizes or awards 

• Membership in associations that require outstanding achievements 

• Published material about the petitioner in major media outlets 

• Participation as a judge of the work of others in the field 

• Original contributions of major significance 

• Authorship of scholarly articles or influential publications 

• Display of work at artistic exhibitions or showcases 

• Leading or critical roles for distinguished organizations 

• High salary or remuneration compared to others in the field 

• Demonstrated commercial success in the performing arts 

Each petition must also satisfy a final merits determination, proving that the totality of evidence establishes extraordinary ability. 

Recent EB-1A Successes 

·      Internal Medicine Physician: Facing a national shortage of physicians in the United States, particularly in internal medicine, our client demonstrated extraordinary contributions to clinical care, medical education, and health system improvement. Under the leadership of Colombo & Hurd Senior Immigration Attorney Nicolas Vargas, his EB-1A petition was approved in just 15 days through premium processing, confirming his exceptional standing and national importance. 

• Economist and Business Development Leader : A professional in international business development and investment promotion secured EB-1A approval after demonstrating sustained leadership across Latin America. His work designing investment strategies, attracting capital, and expanding job opportunities earned recognition from international media and elite professional organizations. With approval granted, he will continue fostering trade and economic growth in the United States. 

• Sports Coach and Educator: This sports coach built a career blending education, research, and inclusive athletic programs that empower youth and communities. Represented by Colombo & Hurd Attorney Nizar Kafrouni, the case overcame a Request for Evidence (RFE) through a strategic presentation of the client’s extraordinary achievements. The EB-1A petition was approved, recognizing his lasting influence in sports education and community development. 

Why EB-1A Works 

The EB-1A category rewards individuals whose careers demonstrate sustained excellence and influence at a national or international level. Successful EB-1A petitions go beyond meeting technical criteria by presenting a cohesive narrative that clearly establishes the applicant as among the very top of their field. 

At Colombo & Hurd, EB-1A cases are built through strategic evidence selection, expert analysis, and a strong final merits argument that aligns each achievement with USCIS standards. This approach allows extraordinary professionals to secure permanent residence without employer sponsorship and with a clear path to long-term success in the United States. 

EB-2 National Interest Waiver (NIW) Visa for Advanced Degree or Exceptional Ability Professionals Serving U.S. National Interest 

The EB-2 National Interest Waiver (NIW) allows qualified professionals to obtain permanent residence in the United States when their work benefits the country at a national level. Like the EB-1A category, this pathway permits self-petitioning, meaning petitioners are not required to secure employer sponsorship or undergo the labor certification (PERM) process. 

Who Qualifies 

Brazilian professionals who hold an advanced degree or can demonstrate exceptional ability may qualify if they meet the three-prong Dhanasar test. No U.S. employer sponsor is required. This category is particularly well-suited for professionals whose work aligns with economic growth, infrastructure development, innovation, national security, public health, or sustainability priorities. 

The Matter of Dhanasar: The Three-Prong Test 

To qualify for an EB-2 NIW, you must establish the following: 

• Substantial Merit and National Importance: Your proposed work must provide meaningful value to the United States, such as strengthening key industries, improving infrastructure, advancing technology, enhancing public safety, or addressing critical societal needs. 

• Well-Positioned to Advance the Endeavor: You must demonstrate that your education, experience, skills, and professional record equip you to successfully carry out your proposed work. 

• Balance of Interests: You must show that it benefits the United States to waive the job offer and labor certification requirements, particularly when the urgency, scope, or unique nature of your work makes the traditional employment-based process impractical or counterproductive. 

Not Limited to a Single Profession 

The EB-2 NIW visa is not confined to one occupation. Professionals across a wide range of fields may qualify, including technology consultants improving cybersecurity and operational resilience for U.S. businesses, civil and infrastructure engineers modernizing transportation systems, healthcare professionals expanding access to care, environmental specialists advancing sustainable solutions, and researchers addressing national innovation priorities. 

Recent EB-2 NIW Successes 

Colombo & Hurd recently secured an EB-2 NIW approval without a Request for Evidence (RFE) for a Brazilian technology consultant whose work strengthens cybersecurity and modernizes operational systems for U.S. small and medium-sized enterprises. The petition, filed with premium processing, demonstrated how his expertise directly supports workforce stability and economic resilience. 

In another case, we obtained EB-2 NIW approval for a Brazilian civil engineer specializing in transportation infrastructure. Our attorneys showed how his leadership in modernizing roads, bridges, and airports, and his commitment to training future engineers advances U.S. economic growth, public safety, and long-term workforce development. 

Why EB-2 NIW Works 

The EB-2 NIW is most effective when a professional’s expertise is strategically positioned within U.S. policy goals and national priorities. Our approach focuses on crafting a well-structured, persuasive narrative supported by strong evidence, expert opinion letters, and a well-defined explanation of why waiving the job offer requirement benefits the United States. 

With more than 2,500 approvals in EB-2 NIW and EB-1A categories since 2023, Colombo & Hurd has extensive experience helping professionals secure permanent residence through self-petition pathways. 

Temporary Work Visas for Brazilian Citizens 

Brazilian professionals who are not yet ready for a permanent green card, or who need to begin working in the U.S. quickly, may qualify for a temporary work visa. These visas require a U.S. employer or agent as the petitioner, but some can serve as a stepping stone toward permanent residence.

O-1 Visa for Extraordinary Ability 

The O-1 visa is a temporary work visa for individuals who possess extraordinary ability or achievement in fields such as science, education, business, athletics, or the arts. It is designed for professionals whose accomplishments place them among the top of their field and whose work has earned sustained recognition.  

The O-1 category is divided into O-1A, which applies to individuals in science, education, business, and athletics, and O-1B, which applies to individuals in the arts, motion picture, or television industries (MPTV). 

Who Qualifies 

Professionals who can demonstrate national or international acclaim through evidence such as major awards, significant publications, original contributions of importance, high compensation compared to peers, or recognition from leading professional organizations. Petitioners must show that their expertise is essential to the work they will perform in the United States. 

Examples: Technology innovators, research scientists, engineers, medical professionals, business leaders, artists, and elite athletes whose work has influenced their industry or field at a high level. 

Duration: The O-1 visa is initially granted for up to three years, based on the length of the specific project or employment. Extensions may be granted in one-year increments if the extraordinary work continues. 

No Numerical Cap: Unlike some other work visas, the O-1 is not subject to annual caps or lotteries, allowing petitions to be filed at any time of the year. 

Recent O-1 Successes 

Colombo & Hurd secured O-1A Extraordinary Ability approval for a mechanical engineer from Tunisia whose work in perforating and completions technologies has influenced global oil and gas industry standards. In a sector critical to energy security and economic stability, the petition demonstrated his technical leadership and international impact. With guidance from Senior Immigration Attorney Mandy Nease, the case was approved in one month and 15 days through premium processing, confirming the client’s extraordinary ability. 

We also secured O-1A approval for an international attorney specializing in complex international legal disputes and arbitration cases, including handling significant legal battles for Russia’s largest petrochemical company and playing a key role in $50 billion arbitral award litigation. 

Dual Intent: While the O-1 is a nonimmigrant visa, it allows dual intent, meaning O-1 visa holders may pursue permanent residence, such as EB-1A or EB-2 NIW, without jeopardizing their O-1 status. 

L-1 Intracompany Transfer Visa 

The L-1 intracompany transfer visa allows multinational companies to transfer key employees from foreign offices to their U.S. operations. This visa is particularly valuable for Brazilian companies expanding into the United States and for multinational organizations seeking to relocatetrusted executives, managers, or specialized personnel from Brazil to a U.S. entity. 

The L-1 is commonly used to support business growth, operational oversight, and cross-border management by enabling continuity between international and U.S. operations. 

L-1A vs. L-1B Categories 

The L-1 visa is divided into two main categories, depending on the employee’s role within the organization: 

• L-1A: For executives and managers. This status may be granted for up to seven years and is typically used for senior leadership overseeing company operations, departments, or strategic functions. 

• L-1B: For employees with specialized knowledge of the company’s products, services, processes, systems, or proprietary methodologies. L-1B status may be granted for up to five years. 

L-1 Eligibility Requirements 

To qualify for an L-1 visa, the professional must have worked for the foreign company for at least one continuous year within the past three years prior to filing the petition. In addition, the U.S. and foreign entities must share a qualifying corporate relationship, such as a parent company, subsidiary, affiliate, or branch office. 

For L-1A cases, the employee must function in an executive or managerial capacity, directing the organization or a major component of it and exercising discretionary authority. For L-1B cases, the employee must possess specialized knowledge that is critical to the company’s competitiveness, operations, or intellectual property. 

L-1 to Green Path 

One of the most significant advantages of the L-1 visa, particularly the L-1A is its strong connection to permanent residence. L-1A executives and managers may qualify for the EB-1C multinational manager green card, which does not require labor certification. 

This pathway makes the L-1A especially attractive for Brazilian executives and senior managers who intend to transition from a temporary U.S. assignment to permanent residence. Brazilian companies and multinational employers across a wide range of industries such as technology, manufacturing, energy, professional services, and finance may use the L-1 visa to transfer executives, managers, and specialized knowledge employees to the United States to launch, manage, or expand U.S. operations.

Investor and Entrepreneur Visas for Brazilian Citizens 

Why Brazilians Cannot Apply for E-2 Treaty Investor Visa 

Brazil does not have a treaty of commerce and navigation with the United States, which means Brazilian citizens cannot apply for the E-2 Treaty Investor visa using their Brazilian passport. However, there are alternatives for Brazilian entrepreneurs who want to invest in a U.S. business. 

The E-2 visa allows nationals of certain treaty countries to enter the United States to develop and direct a business in which they have made a substantial investment. Because Brazil does not have this treaty with the U.S., Brazilian citizens are not eligible for E-1 or E-2 visas based solely on Brazilian nationality. 

Alternative Pathways for Brazilian Investors: 

If you hold dual citizenship with an E-visa treaty country such as Italy, Portugal, or Paraguay you may be able to apply for an E-2 visa using that nationality. Importantly, permanent residence in a treaty country does not create E-2 eligibility; you must hold citizenship of the treaty country. 

For Brazilian investors without dual citizenship, an alternative pathway may be the EB-5 Immigrant Investor visa for permanent residence through a qualifying investment. 

EB-5 Immigrant Investor Visa 

The EB-5 Immigrant Investor Program allows foreign nationals to obtain permanent residence (a green card) by making a qualifying investment in a U.S. commercial enterprise that creates jobs for U.S. workers. Unlike temporary work visas, the EB-5 is a direct immigrant pathway and does not require employer sponsorship, extraordinary ability, or prior U.S. employment. 

For Brazilian investors seeking long-term residence in the United States through business or capital investment, the EB-5 remains one of the most viable options. 

Key EB-5 Requirements 

Successful EB-5 petitions typically establish: 

• A qualifying investment in a U.S. commercial enterprise 

• Lawful source and path of funds, supported by detailed financial documentation 

• Placement of capital at risk for job-creating purposes 

• Job creation meeting EB-5 statutory requirements 

• Compliance with all USCIS regulatory standards 

EB-5 investors may invest directly in their own business or through qualifying regional center projects, depending on their goals and risk tolerance. 

EB-5 as a Long-Term Strategy 

The EB-5 program is especially attractive to investors who want a green card-based solution rather than a temporary visa. It allows investors and their immediate family members to live, work, and study anywhere in the United States, without restrictions on employment type or employer. 

Because Brazilian nationals do not qualify for treaty-based visas such as the E-2, the EB-5 offers a lawful and well-established alternative for permanent residence through investment. 

Recent EB-5 Success 

Hospitality Investor (South America): Colombo & Hurd recently secured EB-5 approval for a South American investor whose capital supported a U.S. hospitality project designed to generate significant job creation. With the U.S. hospitality sector continuing to show strong performance, the investment qualified under EB-5 requirements and was in a Targeted Employment Area. Led by Attorney Dallan Bunce, the petition demonstrated a lawful source of funds, full capital deployment at risk, and compliance with job creation standards. The I-526 petition was approved without a Request for Evidence (RFE), and the client received his green card, confirming full USCIS approval of the investment structure.

How to Apply for a U.S. Work Visa from Brazil 

The U.S. visa application process from Brazil generally follows these steps: (1) identify the right visa category, (2) build your case with supporting evidence, (3) file the petition with USCIS, and (4) attend a consular interview at a U.S. consulate in Brazil or adjust status if already in the U.S. 

For employer-sponsored temporary visas (H-1B, L-1, O-1), the U.S. employer files a Form I-129 petition with USCIS. For self-sponsored green cards (EB-1A, EB-2 NIW), the petitioner files a Form I-140 directly. Once the petition is approved, Brazilian applicants typically complete Form DS-160 online, pay the visa application fee, and schedule an interview at a U.S. consulate in Brazil. 

Each step of this process requires careful planning and coordination. Strategic preparation at every stage is critical to avoiding delays, Requests for Evidence, or denials. 

U.S. Consulates in Brazil for Work Visa Processing 

Brazilian citizens applying for U.S. work visas through consular processing will attend a visa interview at one of five U.S. consulates in Brazil: 

• São Paulo 

• Rio de Janeiro 

• Brasília 

• Recife 

• Porto Alegre 

The specific consulate and interview requirements depend on the visa category, the petitioner’s location, and individual case circumstances. Processing procedures and timelines may vary, particularly for employment-based visas that require extensive documentation and prior USCIS approval. 

Common Challenges Brazilian Professionals Face 

Brazilian professionals pursuing U.S. work visas often encounter challenges that go beyond basic eligibility. These may include demonstrating extraordinary ability or national importance, addressing credential equivalency and documentation issues, and ensuring consistency across professional records, petitions, and supporting evidence. 

Another common obstacle is responding to RFEs issued by USCIS, which may seek additional proof, clarification, or legal argument. In many cases, the difference between approval and denial lies in how effectively these challenges are anticipated and addressed through a well-structured legal strategy. 

Why Brazilian Professionals Choose to Work with a U.S. Immigration Attorney 

Employment-based U.S. immigration requires more than filling out forms. An experienced immigration attorney helps you choose the right visa category, build a persuasive petition with strong evidence, and respond effectively to any USCIS requests for additional evidence. 

Just as importantly, legal counsel can help Brazilian professionals plan beyond initial approval, structuring a long-term strategy that aligns temporary work visas with permanent residence goals. For complex employment-based cases, professional legal guidance is essential. 

How Colombo & Hurd Helps Brazilian Citizens Work in the U.S. 

If you are a Brazilian professional, executive, or investor interested in working in the United States, understanding your immigration options is the first step. A tailored legal strategy can open the door to long-term professional and personal opportunities in the U.S. Speaking with an experienced immigration attorney can help you determine which U.S. work visa or employment-based green card option best fits your background, goals, and timeline.  

Colombo & Hurd focuses exclusively on high-skilled and employment-based immigration, representing professionals, executives, entrepreneurs, and investors from around the world. The firm’s practice centers on: 

• EB-1 Extraordinary Ability 

• EB-2 National Interest Waiver 

• O-1 Extraordinary Ability 

• L-1 Intracompany Transfers 

• EB-5 Immigrant Investor 

With extensive experience in merit-based immigration strategies, Colombo & Hurd helps Brazilian clients build strong cases that support both immediate work authorization and long-term permanent residence in the United States. 

Frequently Asked Questions

Can Brazilian citizens apply for a work visa in the United States? 

Yes. Brazilian citizens can apply for several types of U.S. work visas, including the H-1B, O-1, and L-1 for temporary employment, as well as employment-based green cards such as the EB-1A, EB-2 NIW, and EB-5 for permanent residence. The right option depends on your qualifications, whether you have a U.S. employer sponsor, and your long-term goals. 

Do Brazilian professionals need a U.S. employer to sponsor their visa? 

Not always. Several pathways allow Brazilian professionals to self-petition without employer sponsorship. The EB-1A (Extraordinary Ability) and EB-2 NIW (National Interest Waiver) green cards both allow self-petitioning. The EB-5 Immigrant Investor visa also does not require employer sponsorship. However, temporary work visas such as H-1B, L-1, and O-1 all require a U.S. employer or agent to file the petition on your behalf. 

Why can’t Brazilians apply for the E-2 Treaty Investor visa, and what are the alternatives? 

Brazil does not have a treaty of commerce and navigation with the United States, which is required for E-2 eligibility. Alternatives include obtaining dual citizenship from an E-2 treaty country (such as Italy, Portugal, Grenada, or Paraguay) and applying under that nationality. For investors without dual citizenship, the EB-5 Immigrant Investor visa provides a direct path to permanent residence through a qualifying investment. 

How does the January 2026 immigrant visa pause affect Brazilian professionals? 

The January 2026 pause affects only the final step of consular processing: the physical issuance of the immigrant visa at a U.S. embassy or consulate. It does not prevent filing I-140 or I-526 petitions with USCIS, does not affect adjustment of status for applicants already in the U.S., and does not cancel or revoke previously issued visas. Temporary (nonimmigrant) work visas such as H-1B, L-1, and O-1 are not affected by this pause. 

What are the main steps for a Brazilian citizen to apply for a U.S. work visa? 

The general process involves four steps: (1) identify the right visa category based on your profile and goals, (2) build your case with supporting evidence and documentation, (3) file the petition with USCIS (Form I-129 for temporary visas, Form I-140 for employment-based green cards), and (4) complete Form DS-160 and attend a visa interview at a U.S. consulate in Brazil, or adjust status if you are already in the United States.

If you are a Brazilian professional exploring how to get an American visa from Brazil and need experienced guidance, Colombo & Hurd can help. Our team has secured more than 2,500 EB-1A and EB-2 NIW approvals since 2023. Contact us today to evaluate your profile and discuss your options. 

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