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U.S. Immigration Essentials What Brazilian Businesses and

Investors Need to Know

a joint presentation byAlmeida Advogados Direito Corporativo and

©Gunster, Yoakley & Stewart, P.A.São Paulo, Brazil

October 20154372960v1

Why We Are Giving This Program

• More than 1.6 million Brazilians visited the U.S in 2014, contributing over $9 billion to the U.S. economy.

• More and more Brazilians are traveling to the U.S., studying in the U.S. or participating in exchange programs, expanding their businesses to the U.S. and investing in new U.S. ventures.

• Temporary or permanent immigration to the U.S. should be done with careful planning.

Overview

• The Key Planning Steps before Making an Investment or Starting a Business in the United States

• Avoiding missteps with the commonly used and abused Business Visitor (B-1) visa.

• Four (4) long term temporary visa classifications you should consider before a Green Card

• Obtaining Permanent Residence (“A Green Card)

Immigrant Visas(Permanent )

“Green Card”

Multinational Executive/Manager – EB-1

Family Immigration EB-5 Immigrant

Investor

Nonimmigrant Visas (Temporary)

B-1 Business VisitorL-1 Intra Company Transferee

E-1/E-2 Treaty Traders/Treat InvestorsH-1B Professional

O-1 Extraordinary Ability

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Most Common Temporary and Permanent Visas for Brazilians

B-1 Business Visitor

Visitor for Business (B-1)

• Apply a U.S. Consulate

• B-1 permits commercial transactions that do not include gainful employment – such as attending meetings, signing contracts, undertaking an independent investigation, or for litigation.

L-1 Intracompany Transferee

Intracompany Transferee (L 1) ‑

• Requirements

– Within the preceding 3 years, the alien has been continuously employed outside the United States for one year as an executive, manager, or individual with "specialized knowledge;"

– Will be transferred to the U.S. temporarily to be employed by a related parent, affiliate, subsidiary, or branch of his/her employer abroad; and

– The employment will be in an executive, managerial or "specialized knowledge" position.

Intracompany Transferee (L 1)‑

• Duration

– 7 years – executive or manager – 5 years - “specialized knowledge” personnel

E-1/E-2 Treaty Traders/Treaty Investors

Treaty Trader and Treaty Investor (E 1/E 2) ‑ ‑

• (E 1/E 2) visas are based upon treaties ‑ ‑that facilitate economic and commercial interaction between the United States and the treaty country.

• Unfortunately, there is no such treaty with Brazil. However many Brazilians are dual nationals with Treaty countries.

• For example, Brazilians with Italian, Japanese, and Spanish passports qualify.

Treaty Trader and Treaty Investor(E 1/E 2) ‑ ‑

• Generally apply at U.S. Consulate

• Duration

– Brazilians with Spanish, Italian or Japanese citizenship – visa for 5 years.

– Period of each admission – 2 years. – The visa can be renewed indefinitely by the

principal investor, an executive or a supervisor.

H-1B Professional

Specialty Occupation (H 1B) ‑

• “Specialty occupation” workers are professionals, such as accountants, financial analysts, lawyers, computer systems analysts, engineers, physicians and university professors.

• Requirements

– Baccalaureate Degree or the equivalent by work experience; and

– The position requires a baccalaureate degree.

• Duration

– 6 years – Initial approval for 3 years, with eligibility to extend for an

additional 3 years.

Specialty Occupation (H 1B)‑

• Considerations

– Numerical quota - 85,000 visas annually; 20,000 are reserved for individuals with masters degrees from institutions of higher learning in the United States.

– Certain exemptions apply.

O-1 Extraordinary Ability

Extraordinary Ability (O-1)

• The O-1 classification applies to an individual of extraordinary ability in the sciences, the arts, education, business or athletics.

• Requirements

– Nominated for or received international awards such as the Nobel Prize, a Grammy Award, an Emmy Award, or, alternatively….

Extraordinary Ability (O-1)

• At least three (3) of the following forms of documentation:

– International or national awards for excellence; – Publications written by or about the applicant;– Evidence of an original contribution of major significance; – Evidence of significant commercial success or critical acclaim; – Evidence of having performed a leading role or been employed

in critical capacity for organizations or productions with a distinguished reputation;

– Evidence of national or international recognition achievements as recognized by critics, organizations, governmental agencies, or well known experts; or

– Evidence of having commanded a high salary or other remuneration.

Extraordinary Ability (O-1)

• Duration

– Initial 3 year period.– Extensions in one year increments

indefinitely.

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Permanent Residence – “Green Card”

Employment-Based

Immigrant Petition

Lawful Permanent Resident

“Green Card”

Labor Certification

(PERM)

Consular Processingor

Adjustment of StatusPriority Date Current

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The Green Card Process

Exempt:•Extraordinary Ability• Exceptional Ability/ National Interest• Multinational Executive or Manager• Outstanding Professor or Researcher• Certain DOL exempted occupations (e.g. RNs, PTs)• Alien entrepreneur – Immigrant Investor “Million Dollar Investor”

Family-BasedImmigrant

Petition

Visa Bulletin – September 2015

23

EB-5 Immigrant Investor

EB-5 Immigrant Investor

• The EB-5 “Immigrant Investor” or “Alien Entrepreneur” is another popular path to obtain a Green Card.

• Also known informally as “the million dollar investor visa.”

• Three main elements: (1) investment of capital, (2) in a new commercial enterprise, (3) that creates jobs.

Regular EB-5 Program

• Direct investment by the investor

• 10,000 visa numbers annually for individuals who invest a specific minimum amount of capital in a new, restructured or expanded commercial enterprise or project that will create or preserve employment for a specific minimum number of U.S. workers.

EB-5 Pilot Program – Regional Center

• Indirect investment by the investor.

• 3,000 immigrant visas set aside annually.

• A Regional Center is any economic unit, public or private, which is involved with the promotion of economic growth, including increased export sales, improved regional productivity, job creation, or increased domestic capital investment.

• Same general EB-5 requirements as for the Regular EB-5 Program, however, jobs creation may be direct, indirect or induced.

• Indirect/induced jobs must be within the geographic region approved for the Regional Center.

EB-5 Requirements – Capital Investment

• Required minimum investment is:

• Generally, $1,000,000.

• However, for Targeted Employment Areas (“TEAs”), i.e. rural areas or areas where the unemployment rate is at least 150% of the national average at the time of investment, the minimum investment is $500,000.

Key Players EB-5 Investor processing

Developer

USCIS

DOSInvestors

Immigration Agent

Regional Center

EB-5 Important Considerations

• Lengthy processing times –

– Step One -13.5 months.

– Step Two 8-12 months.

– Step Three 14 months

• Once Step One is filed, it may be more difficult to enter the U.S. as Visitor (B-1/B-2) or Student Visa (F-1).

• Investors will become U.S. tax residents subject to worldwide taxation.

SUMMARY

• The Key Planning Steps before Making an Investment or Starting a Business in the United States

• Avoiding missteps with the commonly used and abused Business Visitor (B-1) visa.

• Four (4) long term temporary visa classifications you should consider before a Green Card

• Obtaining Permanent Residence (“A Green Card)

Biographical InformationMARIANA R. RIBEIRO ESQ.

MARIANA R. RIBEIRO, Esq. is a Shareholder in the Immigration Practice Group having joined Gunster, Yoakley and Stewart, P.A. in 2008. Ms. Ribeiro, a native of Brazil, routinely serves our many Portuguese speaking clients. She is a primary member of the Immigration Practice Group. Her practice focus is on employment–based nonimmigrant and immigrant visa matters, including Professional/Specialized Knowledge visas, Trade NAFTA applications, Intra-Company Transferee/Multinational Executive or Manager Visas, Investor visas, Trainee visas, Extraordinary Ability visas, and Labor Certification Applications, as well as Consular Processing. She possesses experience in counseling employers regarding policies, required documentation and procedures related to sponsoring foreign nationals and compliance with U.S. immigration laws, including H-1B Labor Condition Application document maintenance and I-9 employment eligibility verification requirements. Ms. Ribeiro represents clients in a variety of industries, including finance and banking, healthcare, fashion and modeling and technology, among many others. Ms. Ribeiro has been recognized by Chambers USA & Partners as “Leaders in their Field” (2015) and “Associate to Watch” (2012 – 2014) as well as a Super Lawyers “Rising Star” (2010 – 2015). She is also a frequent author, lecturer panelist in the area of business immigration law. Please see http://gunster.com/staff/attorneys/mariana-r-ribeiro/for a detailed list of articles, seminars and presentations. As a National Merit Hispanic Scholar, Ms. Ribeiro received her Bachelor’s of Arts Degree from New College of Florida in 2002. She received her J.D. Degree from the University of Florida Levin College of Law in 2006. She is a member of the American Immigration Lawyers Association and the American Bar Association. Ms. Ribeiro is fluent in both Portuguese and Spanish.

For more information please contact:

MARIANA R. RIBEIRO GUNSTER, YOAKLEY & STEWART, P.A.

600 Brickell Avenue, Suite 3500Miami, FL 33131

Office # (305) 376-6031Fax # (305) 376-6010

mribeiro@gunster.com

Biographical InformationSARAH LEA TOBOCMAN, ESQ.

SARAH LEA TOBOCMAN, Esq. is an Equity Shareholder and Leader of the Immigration Practice Group at Gunster, Yoakley and Stewart, P.A. Ms. Tobocman has a longstanding interest in assisting corporations, investors and professionals with their U.S. immigration needs. Having lived and studied in Latin America, Ms. Tobocman serves many Spanish and Portuguese speaking clients. She has been practicing in the area of business immigration since 1983, and she has led Gunster’s Immigration Practice Group since joining the Firm in 1999. She has handled the full array of U.S. employment-based nonimmigrant and immigrant visas petitions and consular applications for over 28 years. She frequently lectures, trains and writes articles for business groups on immigration laws and compliance. Please see http://www.gunster.com/attorney/sarah-lea-tobocman/ for a detailed list of articles, seminars and presentations. Ms. Tobocman received her B.A. degree with Honors from the University of California at Berkeley in 1976 and her J.D. Degree from the University of San Francisco School of Law in 1979. While an undergraduate, she also attended the Centro de Estudios Colombo-Americanos in Association with the Universidad de los Andes in Bogotá, Colombia. She has served or currently serves in the following professional leadership positions: President, South Florida Chapter, American Immigration Lawyers Association, 1-year term; Board of Governors, American Immigration Lawyers Association, 1-year term; Co-chair, Immigration Committee, International Law Section of The Florida Bar, 3-year term; Executive Council, International Law Section of The Florida Bar, 6-year term; Continuing Legal Education Committee, The Florida Bar, 1-year term; Co-chair, Greater Miami Chamber of Commerce Immigration Task Force, 1-year term; Miami-Dade County Beacon Council’s International Advisory Task Force (current). She is the recipient of the following honors: Chambers USA “Leaders in their Field” (2008-2015); AV rated as independently determined by Martindale-Hubbell, since 1998; “Best Lawyers in America,”, Immigration Law, 2009-15; South Florida Legal Guide, “Top Lawyer,” 2006-13; “Florida Super Lawyers” 2006-13; South Florida Business Journal, “Best of the Bar”, 2003. She has appeared on CNN en Espaňol and Univision as a commentator on immigration issues. Ms. Tobocman is fluent in Spanish and is currently studying Portuguese.

For more information please contact:

SARAH LEA TOBOCMANGUNSTER, YOAKLEY & STEWART, P.A.

600 Brickell Avenue, Suite 3500Miami, FL 33131

Office # (305) 376-6065Fax # (305) 376-6010

stobocman@gunster.com4372960V1

GUNSTER, YOAKLEY & STEWART P.A. Gunster is one of South Florida’s oldest and largest law firms. Established in 1925, Gunster handles a wide range of services for business clients and has particularly strong areas of practice that involve assisting clients in the international-based businesses areas. Gunster has over 170 attorneys within eighteen networked practices linked across its twelve offices around the state of Florida and operates under a philosophy that it strives to be “Florida’s Law Firm for Business.” Gunster’s substantial and diversified practice serves an extensive client base of international, national and local businesses, institutions, local governments and prominent individuals. Located in South Florida, the gateway to Latin America, Gunster is the “go-to” source for many public and private international companies doing business in South America, and for a multitude of foreign companies from South America seeking to invest and do business in the United States.

The Firm’s offices are physically located in twelve locations in Florida: Miami, Fort Lauderdale, West Palm Beach, Palm Beach, Tampa, Orlando, Vero Beach, Stuart, Jacksonville Tallahassee, the Florida Keys and Winter Park. The geographical reach of Gunster’s services is worldwide.

For more information, please call (800) 615-1980 or visit Gunster Yoakley’s web site at http://www.gunster.com.

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