How does the Visa Program work for Brazilians to Immigrate to the U.S.?

The U.S. Investment Visa Program, particularly the E-2 Investor Visa, is a popular option for foreign nationals, including Brazilians, looking to move to the United States by investing in a U.S. business. While Brazil itself does not have a direct treaty with the U.S. that allows for E-2 visas, many Brazilians can still participate in this program by acquiring citizenship from a country that does have a treaty. This article provides an overview of the E-2 visa, how Brazilians can qualify, and the specific requirements involved.

What is the E-2 Visa?

The E-2 Investor Visa is a non-immigrant visa that allows individuals from treaty countries to enter and live in the U.S. based on an investment they make in a U.S. business. The visa is renewable indefinitely as long as the business remains operational and the investment continues. It also allows for the visa holder’s spouse and children (under 21) to come to the U.S. as dependents. Spouses are allowed to apply for work authorization, and children can attend school in the U.S.

However, since Brazil does not have an E-2 treaty with the United States, Brazilians seeking an E-2 visa must first obtain citizenship from a country that has such a treaty. Popular options for Brazilians include Italy, Spain, or Grenada.

Step 1: Obtaining Citizenship from a Treaty Country

To qualify for the E-2 visa, Brazilians need to acquire citizenship from an eligible treaty country. There are several pathways for this, depending on personal circumstances:

1.Ancestry-Based Citizenship:

• • Italy: Many Brazilians have Italian heritage, which can make them eligible for Italian citizenship through jus sanguinis (right of blood). This process can take months to several years, depending on the complexity of gathering required documentation.
  • Spain: Similarly, Brazilians with Spanish ancestry or connections can pursue Spanish citizenship, although this process can be slower compared to Italy’s.

2.Citizenship by Investment:

• • Grenada: For Brazilians without European ancestry, Grenada offers an attractive route through its Citizenship by Investment (CBI) program. By making a financial investment, typically starting at $150,000, one can acquire Grenadian citizenship within a few months. Grenada has an E-2 treaty with the U.S., making this option particularly popular among Brazilian investors who need a quicker solution.

Once the treaty country citizenship is acquired, Brazilians can proceed with the E-2 visa process.

Step 2: Investment in a U.S. Business

To qualify for the E-2 visa, applicants must make a “substantial” investment in a U.S. business. Although the U.S. government does not define a specific dollar amount, several guidelines indicate what qualifies as a substantial investment.

Key Investment Requirements:

1.Substantiality: The investment must be significant in proportion to the total cost of establishing or buying the business. While the amount can vary, typical investments range from $100,000 to $500,000 or more. The investment must be enough to ensure the business can operate successfully and generate jobs in the U.S.

2. Active Business: The business must be an active, for-profit enterprise. This means passive investments like real estate holdings or stock market investments do not qualify. The business must engage in operational activities that generate revenue and contribute to the U.S. economy.

3. Control Over the Business: The investor must have at least 50% ownership of the business or significant operational control, meaning they can make important business decisions.

4. Risk of Capital: The investor’s funds must be at risk, meaning they should be committed to the business and cannot simply be sitting in a bank account. The investment should be irrevocably committed to the enterprise, and the success of the investment should be tied to the success of the business.

Step 3: Application Process

Once an investor meets the investment criteria, the application for an E-2 visa can begin. The application process typically involves several steps:

1. Business Plan Preparation: A comprehensive business plan is a critical part of the E-2 visa application. This document should outline the business’s operational structure, goals, market analysis, and financial projections. It should demonstrate the business’s potential for success and its ability to create jobs for U.S. workers.

2. Filing the E-2 Visa Application: The investor submits the visa application to the U.S. Embassy or Consulate in their home country or the country where they hold treaty citizenship. The application includes:

1. • Form DS-160 (Online Nonimmigrant Visa Application)
   • Form DS-156E (Treaty Trader/Investor Application)
   • Passport and citizenship documents from the treaty country
   • Evidence of the substantial investment (bank records, business contracts, etc.)
   • A detailed business plan
   • Proof of ownership or control over the business

3. Interview at the U.S. Embassy or Consulate: After submitting the application, the investor must attend an interview at the U.S. Embassy or Consulate. The applicant will need to demonstrate that they meet all the requirements for the E-2 visa and that the investment is genuine and will create jobs for U.S. workers.

Step 4: Approval and Maintaining Status

If the E-2 visa application is approved, the investor, along with their spouse and children under 21, can move to the U.S. and begin operating the business. The initial visa is typically granted for up to five years, depending on the treaty country’s agreement with the U.S., but it is renewable indefinitely, provided the business remains operational and profitable.

Important Considerations for Maintaining the E-2 Visa:

1.Continuous Business Operation: The E-2 visa holder must ensure that the business remains active and generates sufficient income to support the investor and their family. The business should also continue to provide employment opportunities for U.S. workers.

2. Annual or Periodic Reviews: The visa may require periodic reviews by U.S. immigration authorities to ensure that the business is still viable and that the investment remains active.

3. Dependents: Spouses of E-2 visa holders are allowed to apply for work authorization and can work in any field in the U.S. Children, however, are not permitted to work but can attend school.

Benefits of the E-2 Visa for Brazilian Investors

The E-2 visa offers several advantages for Brazilians who are willing to invest in the U.S.:

1.No Minimum Investment Amount: Unlike the EB-5 Immigrant Investor Program, which requires a minimum investment of $800,000 to $1.05 million, the E-2 visa allows for more flexibility in the investment amount, as long as it is substantial and sufficient for the business’s needs.

2. Indefinite Renewals: The E-2 visa can be renewed indefinitely, meaning investors can maintain long-term residency in the U.S. as long as the business remains operational and profitable.

3. Work Authorization for Spouses: Spouses of E-2 visa holders are eligible for work authorization, offering families financial flexibility and more opportunities to integrate into the U.S. workforce.

4. Children’s Education: Children under 21 can attend school in the U.S., providing excellent educational opportunities while living in the country.

For Brazilians seeking to immigrate to the U.S. through entrepreneurship and investment, the E-2 Investor Visa offers a flexible and attractive pathway. While Brazil does not have a direct treaty with the U.S., obtaining dual citizenship in a treaty country such as Italy or Grenada allows Brazilians to qualify for the E-2 visa. With a substantial investment in an active U.S. business, investors can secure long-term residency and bring their families to the U.S. to live, work, and grow their businesses.

This visa program is an excellent option for business-minded Brazilians who want to expand their operations internationally and enjoy the benefits of living in the United States.

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