In today’s globalized market, more and more companies are choosing to expand their operations and bring top talent to the United States. For organizations looking to relocate Brazilian professionals, this process involves navigating a complex immigration system while ensuring full compliance with labor and tax regulations.
There are several ways to structure these international work arrangements. Some companies choose to engage professionals as independent contractors under Brazil’s “PJ model,” while others rely on a local partner to manage payroll and compliance. A more strategic option is establishing a local entity in Brazil, which allows businesses to formalize employment relationships and create a clearer path to relocation opportunities in the U.S.
When the goal is to bring Brazilian tech professionals directly to the United States, the choice of visa is critical:
- H-1B Visa (Specialty Occupations): Commonly used for software engineers, data scientists, and other technical roles that require at least a bachelor’s degree. This visa is subject to annual caps and a lottery system, and always requires a U.S. employer to act as sponsor.
- L-1 Visa (Intra-Company Transfer): Ideal for professionals who have been employed by the company in Brazil for at least one year. It enables transfers to a U.S. office in managerial, executive, or specialized knowledge positions. The L-1 can also serve as a pathway to a green card under the EB-1C category.
- O-1 Visa (Extraordinary Ability in Technology): Designed for individuals with a proven record of excellence in their field — such as awards, publications, or industry recognition. While flexible, it requires extensive documentation to demonstrate eligibility.
- E-2 Visa (Investor and Employee Options): Available for Brazilian professionals who also hold citizenship from a treaty country (such as Italy, Spain, or Portugal). This visa allows them to invest in or expand a business in the U.S. In addition, qualifying employees of these businesses may also apply for an E-2, provided they have a job offer from a U.S. company of the same treaty-country nationality and will serve in an executive, supervisory, or essential role.
- TN Visa (NAFTA/USMCA Professionals): While not available to Brazilian nationals, the TN is an important option for dual citizens of Mexico or Canada. It covers certain professional occupations, including Computer Systems Analysts and Engineers, and offers a streamlined application process without numerical limits.
- B-1 in Lieu of H-1B Visa: A short-term solution for Brazilian professionals with a bachelor’s degree in a related field (such as Computer Systems Analysis or Engineering) who remain employed abroad but need to be physically present in the U.S. for specific, time-bound project work. This option permits essential in-person collaboration while maintaining payroll and employment ties in Brazil.
Beyond visas, compliance is a crucial part of building a sustainable mobility strategy. Employers must respect U.S. labor laws, including prevailing wage requirements set by the Department of Labor, to ensure fair compensation. I-9 verification is mandatory for all employers, and in many states, E-Verify is also required. Importantly, E-Verify obligations depend on state law and company size—with some states mandating it for all employers, and others only above certain thresholds (such as 10, 25, or 35 employees). Understanding these requirements is key to avoiding compliance risks.
On the tax side, both companies and employees must prepare for payroll obligations, withholding rules, and the potential impact of double-taxation treaties between the U.S. and Brazil. For teams planning long-term employment in the United States, it is also common to start with a temporary visa and later transition to permanent residency through green card sponsorship under EB-2, EB-3, or EB-1C categories.
Bringing Brazilian tech talent to the U.S. can give companies a strong competitive advantage, but success depends on choosing the right visa pathway and adhering to labor and tax regulations from the start.
Whether through intra-company transfers, specialized visas, or entrepreneurial investment options, a well-structured compliance strategy ensures not only legal security but also a smoother integration of Brazilian professionals into the U.S. workforce.
Contact us at Drummond Advisors to help your team through the process of internationalization!
Written by Paola Von Atzingen and Chris Costa, from the Drummond Advisors’ team