Visa to work at the United States

The H-1B and L-1 visas are the most sought after for those wishing to work as an employee in the United States.

What types of visas to work in the United States?

The United States is one of the first options for Brazilians who want to work outside Brazil. Many want to live the well-known American Way of Life in search of better payment, opportunities, and quality of life.

However, the country is known to be one of the strictest in terms of immigration rules – not that easy, but not impossible. First, you need to understand what type of visa is best for your needs. The most commonly used visas for working in the United States are H-1B and L-1.

What is the H-1B visa

The H-1B option is for those people who hold a highly specialized position. Thus, this case requires a higher level of education, i.e., at least a four-year degree or a differentiated professional certification – and of course: advanced English.

Also, the company must prove that the candidate is differentiated and that there is no local citizen with the same qualifications to fill the job. Thus, you need to apply to the US Department of Labor – through a process called Labor Certification (LCA) – an application to hire a foreigner.

In short, to get a visa, there must be: a sponsor, a job offer, a lack of skilled labor in the United States, and the salary must be the same as an American occupying the position. This visa is valid for 3 years, and it can be renewed for a further 3 years, totaling 6 years.

However, there is a quota for the issuance of H-1B visas of a maximum of 65,000,000 issued per year and an allowance of 20,000,000 for Masters applicants in the United States.

The H-1B Visa Process

It is a complex process, requires time and a lot of documentation. Usually, the US company is supported by lawyers – who specialize in the immigration process – as they are responsible for starting the LCA process. Thus, the candidate is responsible for collecting their documentation, for example, diploma, work references, translation, among others. A requirement is that all documentation must be translated into English through sworn documentation.

Process approval times can vary by the service center but may take 3-4 months. There is a premium option, in which the company pays an extra fee to streamline the process. Upon process approval, the applicant has to process his visa at the US embassy/consulate in Brazil.

Besides, family members – spouse and unmarried children under 21 – also receive the visa, but the H-4. The permit allows dependents to live and study legally in the country; however, they cannot work.

H-1B visa by a university degree

A good option for those looking to live in the United States is to go to college in the United States, being an undergraduate, master, MBA, or Ph.D. program. With an F-1 student visa, the person can work during or after the course through OPT (Optional Practical Training).

Applying for OPT, the individual can work in their area of ​​knowledge with university endorsement for one year. The OPT allows you to gain experience in the field and be one step closer to the H-1B visa. What happens is that many companies like the work of the employee and end up sponsoring their permit to stay in the company.

What is the L-1 visa

The L-1 visa is intended for those Brazilians who work in a multinational and will be transferred to the United States. A requirement to apply is that the employee has worked for at least 1 consecutive year in the company for the past 3 years. The category also covers companies that do not have affiliate offices in the United States but intend to establish a new office in the United States through the expatriation of one of their executives.

The visa will give you the right to live in the United States legally, as well as your spouse and single children under 22 years of age. Thus, the family – as a dependent – also receives a visa, but type L2. In addition, L2 permission allows a spouse to work in any company in the US. However, children are not entitled to work in the country, only to study.

The L-1 Visa Process

Who applies for the visa, or rather, filed the petition is the American company. The first stage is in the United States with Immigration, and the second stage is in Brazil, at the consulate or embassy for visa application. You can only apply for L-1 after the entire process in the United States is complete.

This type of visa does not have an issue limit per year but has a high rejection rate by the US government – to avoid immigration to the country. The analysis time is relatively fast and can take from 1 to 4 months.

Further questions on how to proceed or what documents are required to complete the process can be remedied by consulting our website.