My Brazilian company has a branch in the USA. Does this facilitate the NIW?

The EB-2 NIW visa (National Interest Waiver) is aimed at professionals who demonstrate exceptional abilities or hold an advanced degree, contributing significantly to areas that benefit the interests of the United States. This type of visa waives the requirement for a job offer and the labor certification process, requiring the candidate to prove that their work will bring substantial benefits to the country.

In the case of a Brazilian company that has a branch in the USA, this connection can be seen as a positive element, as it demonstrates an institutional presence in the country and the possibility of carrying out relevant local projects and research. However, it is important to emphasize that having a branch alone is not determinative or sufficient for the approval of the EB-2 NIW.

The central factor for this visa is the proof that the work and contributions of the professional are truly aligned with the American national interest. This involves gathering strong evidence – such as publications, patents, awards, or letters of recommendation from experts in the field – that attest to the relevance and impact of their activities.

It is worth remembering that each case is analyzed individually, considering a varied set of factors. Therefore, while having a branch in the USA may reinforce the candidate’s profile and demonstrate an established corporate structure in the country, the emphasis remains on the quality and impact of the professional contributions.

In addition to gathering the necessary documentation, it is essential to be cautious and strictly follow United States immigration laws. To avoid problems, it is recommended to seek specialized and reliable advice, preferably from qualified professionals in the immigration field, and to beware of offers that promise easy or guaranteed results.

Investing time in organizing the documents and proving each EB-2 NIW criterion is essential for a more favorable case review before the competent authorities.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.