According to the Ministry of Foreign Affairs, 1.8 million immigrants, including legal and undocumented individuals, live in the U.S. Various factors indicate that this number may reach two million Brazilians this year. It’s no surprise that the United States is the primary goal for those choosing to live abroad.
The number of illegal immigrants in the United States has decreased in recent months, and despite increased border strictness, the U.S. government has been seeking alternatives to attract regular workers. Professionals qualified to work in areas such as health, engineering, aviation, and technology have excellent chances of finding employment, coupled with government incentives.
Another growing trend this year is the increased arrival of entrepreneurs and business owners migrating their businesses and investments to the United States.
However, for temporary, permanent workers, or entrepreneurs intending to immigrate legally, there are two types of visas: immigrant and non-immigrant.
According to immigration lawyer Ingrid Domingues McConville, the differences between these two visas are that the Immigrant visa leads to permanent residence, meaning obtaining a Green Card and having employment freedom with any employer, making them eligible for U.S. citizenship if they meet all other requirements. On the other hand, the non-immigrant visa is an option available for work, visits, or studies. Most non-immigrant visas are renewable so that the person can stay in the country for a longer time. However, they do not provide permanent residence like immigrant visas.
The most popular immigrant visas among skilled workers and entrepreneurs are the so-called EB and their categories. EB1 covers those with “extraordinary abilities,” such as business professionals, academics and researchers, scientists, artists, or athletes. This type of visa does not require labor certification. EB2 is available for professionals with an advanced degree or foreign equivalent; or those who can demonstrate at least ten years of experience in a field; or those whose employment is of national interest to the United States. EB3 is available for those with a bachelor’s degree or foreign equivalent, as well as skilled and unskilled workers with a non-temporary job offer from a U.S. employer. For each eligibility category within the EB-3, labor certification must be obtained.
Obviously, to better understand the eligibility of each person, it is necessary for a professional in the field, that is, an immigration lawyer with extensive experience, to analyze the case, as each category has its peculiarities and rules to be followed.
U.S. immigration lawyers are professionals specialized in handling cases related to immigrants. Their work involves helping people obtain residence, defending their rights, and monitoring other immigration-related matters. They also advise clients on their rights and obligations, as well as present courses of action according to their knowledge of immigration law.
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- Ingrid Domingues-McConville founded DM VISA LAW – Domingues McConville, P.A. in 1995. She has been a member of the Florida Bar since 1995 and a member of the United States District Court, Southern District of Florida. Ingrid earned her undergraduate degree in Psychology from the University of Miami in Coral Gables, Florida, and her Law degree from Cleveland-Marshall College of Law in Cleveland, Ohio. With 28 years of experience in Immigration Law, Ingrid has represented clients throughout the United States and worldwide, addressing both business and family immigration matters. She has assisted companies and individuals in obtaining visas and permanent residency in the United States. Ingrid plays a significant leadership role in the Brazilian community in South Florida and across the United States, providing much-needed guidance and legal counsel.