Whether to visit or to work and live in the United States, the reality is that many Brazilians do not know the types of American visas, which may vary in their specifications according to the purpose of the trip and the length of stay.
In fact, the United States is one of the most sought after destinations by Brazilians and, according to Itamaraty, over 1.7 million people live in the USA, in addition to those who seek the country for leisure, work, study or business.
The dream of many Brazilians was postponed because of Covid-19, as the scheduling for issuing new American visas has been closed since May 2020.
Now, in 2021, with the pandemic receding and vaccination progress in both Brazil and the US, it is already possible to resume plans to live and work legally in North American territory.
In this article, you will learn about the types of American visas, who they are for, what to do to issue them and the waiting time, as well as the necessary documentations.
Stay up to date on the subject and find out which is the most suitable for your profile.
Enjoy your reading!
The American Visa: what changes after the Covid-19 pandemic?
According to the Correio Braziliense, the United States Embassy in Brazil, released, from 8 November, the entry of Brazilians in the country and estimates open new vacancies for issuing visas still in 2021, due to high demand.
For this, Brazilians must be fully vaccinated, in addition to presenting a negative test for Covid-19, up to three days before departure.
To travel, besides your passport, you must have an American visa, that is, permission from the consulate to legally enter the country.
As we have already said, the request for issuing visas and entry to North American territory had been suspended since last year. Now, with the progress of vaccination, the processes are being resumed.
All Coronavirus vaccines, approved for emergency use by the World Health Organization(WHO), are valid on boarding. That is, all immunizers used in Brazil (AstraZeneca, CoronaVac, Pfizer and Janssen).
Children and adolescents up to 17 years do not need proof of vaccination, however, they must present a negative test before boarding.
What are the types of American visas?
Currently, the United States issues several types of visas according to the foreigners' objectives. They vary according to the reason for travel and the length of stay in the country.
In order for your visa application to be successful, it is fundamental to know each one of them and, thus, understand which type of American visa is the most adequate for your objective.
Non-Immigration Visas
Non-immigration visas mean that the length of stay in the country has a pre-established period of validity.
In some cases, it is possible to renew the permit and extend the length of stay; or even change the type of American visa, upon some change while you are still in the country, such as receiving a job offer, for example.
They are:
Visitor Visa B
This visa is issued to foreigners who just want to visit the country, friends or family. This category also includes those who have the objective of doing business in the American territory.
Business - B1
They fall into this category:
- Business consultants;
- Participants in scientific conferences, or business conferences;
- People who need to negotiate contracts and attend business meetings.
Tourism - B2
They fall into this category:
- Leisure;
- Visitation on commemorative dates;
- Visiting family and friends;
- Medical treatment;
- Participation in events organised by social institutions;
- Participate in amateur events, i.e. not paid events: musical events, sports events or competitions;
- Take short courses, for example, one class for two days during the trip.
Remember that foreigners with visas in this category cannot work in the country. For that, it is necessary to request a change in the type of visa through the U.S. Citizenship and Immigration Services - USCIS.
American Temporary Work Visa
This visa is intended for foreigners who intend to enter the United States to work on a temporary basis, that is, with a period of validity.
In this case, there must be an existing job offer and the employer must first issue a petition with the U.S. Citizenship and Immigration Services - USCIS. The petition must be approved for the issuance of the work visa.
The categories are:
H-1B: Person in Specialty Occupation - Person in Special Occupation
This category includes professionals who are specialists in a certain area. In this case it is necessary:
- Have an advanced academic career;
- Remarkable merits;
- Skills in the scientific areas of research and development.
H-2A: Temporary Agricultural Worker - Temporary Agricultural Worker
Aimed at rural workers who will exercise their functions in a limited or seasonal period. The employer must prove the need for hiring foreign labor.
H-3: Trainee or Special Education Visitor - Trainee or Intern
It is issued for very specific vocational training programmes, which do not exist in the country of origin. In addition, the training institution needs to guarantee that it will not be a job.
L: Intracompany Transferee - Executive transfer from the same company
This category includes executives transferred to American offices of multinationals. With a duration period of one year, which may be extended to five or seven years.
The executive must hold a high-capacity management position or have specialist knowledge.
O: Individual with Extraordinary Ability or Achievement - Individual with Extraordinary Ability or Achievement
For people with extraordinary abilities or achievements of excellence in the fields of science, sport, art, education and business. The duration is up to three years.
Q-1: Participant in an International Cultural Exchange Program - Exchanges
For participants who will undertake a study, internship or work exchange. As it covers a larger number of profiles, it exempts the petition of an employer, however, the applicant must go under the sponsorship of exchange programs approved by the Office of International Affairs (ECA).
It is worth noting that, for the issuance of the Non-Immigrant Worker Visa, it is necessary that the employer fills the I-129 form in the American Consulate, for the USCIS approval. Once approved, USCIS will send to the employer the I-797 form.
With the exception of category Q-1, it is possible for spouses and children under 21 to receive a visa in the same category as you. However, they will not be able to work and you will have to prove how you will support them during your stay in the USA.
American Student Visa
It is issued to those who will study in the United States. This visa is divided into two categories:
F: For the one who will:
- Study at a university;
- High School;
- Private Elementary School;
- Conservatories;
- Other academic institutions, including language programmes.
M: Studies at non-academic institutions, other than language programmes.
Immigrant Visas
The visa for immigrants is granted to those who wish to live permanently in the United States. For that, it is necessary to issue the USA Green Card.
The Green Card - Permanent Resident Card - allows you to work and live legally in the country, besides giving access to education, health care and other benefits offered by the American government. You are not allowed to stay more than one year outside the USA. The Green Card needs to be renewed every 10 years.
Immigrant visas are:
Visas for family members
The family-based visa is granted to foreigners who have a direct family member who is at least 21 years old, is a US citizen or has a Green Card.
It is divided into:
Immediate Relatives: Visas issued to those who have direct ties to an American citizen, such as a spouse, child or relative. The issuance of this visa is not limited to each year.
Family relationship: This visa is granted to more distant relatives of American citizens or immigrants who have the Green Card and its issuance is limited to each year.
Visa for Work
The permanent work visa of the EB category - Employment Based - allows the foreigner to work and live in the United States. Those authorised with work visas may bring family members (spouses and children under 21 years of age).
They are:
EB-1: Employment First Preference - Employment First Preference
This visa is granted to people who have proven "extraordinary abilities" in the arts, sciences, business and athletics, recognized nationally and internationally for their professional contributions.
The foreigner does not need to have a specific job offer as long as he is entering the US to continue his work in the area and, for that, he needs to fill out the I-140 form, with the USCIS.
In the case of academic teachers and researchers, a minimum of three years proven experience and international recognition is required.
EB-2: Employment Second Preference - Employment Second Preference
It is awarded to professionals with advanced academic degrees or people with extraordinary abilities.
In this category, the foreign national must have proof of their work approved by the Department of Labor. In addition, a pre-existing offer from an American company is required.
This category is divided into:
- Professionals with advanced degrees, such as masters, doctorates and post-doctorates. Or bachelors with at least 5 years of experience;
- People with extraordinary abilities in the fields of science, arts and business.
EB-3: Employment Third Preference - Employment Third Preference
People with this profile need to present an offer of employment in the USA, in addition to a work certificate approved by the Department of Labor.
This category is divided into skilled and unskilled workers.
Skilled Workers: workers with at least two years of training or two years of experience. This category requires at least a bachelor's degree from an American university, or an equivalent degree from a foreign university.
Unskilled Workers: workers able to fill positions requiring less than two years' experience.
Other categories of Immigration
Adoption category
For those adopting outside the United States.
Special Immigrant
Those who fall into special categories, such as US Government workers.
How to get the American Visa?
We have brought a simplified step by step process to issue your visa. Follow it:
- Complete the DS-160 visa application form;
- Make the payment of the visa fee (by bank draft or card);
- Scheduling the visit to the Service Centre for Visa Applicants (CASV).
In the case of the interview, it is necessary to present yourself with all the requested documents. The visa interview takes place at the consulate and the process takes a minimum of two days, depending on the embassy and/or consulate chosen.
It is worth noting that people aged 14 or over 80 are exempt from the interview, but may be called if the Embassy or Consulate deems it necessary.
What documents to bring to the visa interview?
- Current and previous passports, if any;
- Scheduling;
- DS-160 form completed;
- Two colour photos;
- Registration letter;
- Proof of accommodation;
- Funding letter (if using a sponsor);
- Current Income Tax Return with receipt of delivery;
- 3 last bank statements (minimum balance of USD 1500 per month of stay in the USA);
- 3 last monthly payments (pay stubs, pay stubs, pro-labore or decore);
- Proof of studies: registration, academic record, diploma (if any);
- Proof of employment: employment contract, employer's letter, social contract or professional identity card.
How long does it take to issue a US visa?
If you already have your passport, the deadline for issuing the visa varies between 15 and 40 days. Otherwise, it is necessary, first of all, to provide your Brazilian passport, which is ready between 7 and 45 days.
It is worth remembering that, if you do not live in a city with an American Embassy or Consulate, the travel expenses to the interview must be part of your financial planning.
How can TS Immigration help you to apply for a USA Visa?
We are broadly qualified to conduct your visa process in the most transparent and efficient manner possible.
Our team has proven experience and is qualified to give all the necessary guidance (criteria required by the US Immigration Service) for the granting of your visa.
In addition, we have qualified lawyers to facilitate processes in the tax area. Always working according to the American legislation and your needs.
Conclusion
With the reopening of the requests for issuing American visas, it is essential to know each one and identify which one best fits your profile and needs. This step of the process can reduce costs, optimise time and ensure a smooth entry into the USA.
It is possible to count on professional advice throughout the process of granting your American visa and/or Green Card and, thus, avoid headaches and unforeseen events.
