Can I open a branch of my Brazilian company and transfer employees?

It is quite common for companies wishing to expand their business to the United States to consider opening a branch and eventually transferring employees to this new market. In the case of the EB-5 visa, the main focus is foreign investment that benefits the American economy, primarily through the creation or preservation of jobs for U.S. workers. Therefore, planning an expansion involving the opening of a branch requires attention to several legal and regulatory matters, both in terms of investment and immigration.

First, it is important to understand that the EB-5 visa was designed to encourage investment in ventures that generate jobs. If your intention is to open a branch of your Brazilian company, you must demonstrate that the investment made meets the program’s requirements-mainly, the creation of at least 10 direct jobs for U.S. citizens or permanent residents. The business structure should be carefully planned so that the activities of the new branch contribute to fulfilling these criteria.

Regarding the transfer of employees, this operation can indeed be carried out; however, it is essential that each employee has the proper authorization to work within U.S. territory. There are specific programs for intra-company transfers, such as the L-1 visa, which allows the relocation of employees holding executive positions or possessing specialized knowledge. Therefore, if the goal is to transfer employees from the headquarters to the U.S. branch, it is advisable to assess whether the profiles of these employees meet the requirements of the L-1 or another visa compatible with the job function and length of service in the company.

Finally, it is crucial to emphasize the importance of strictly following U.S. immigration laws and the regulations related to the formation and operation of businesses in the country. Each step of the process requires detailed analysis of the current legislation, both regarding investment (EB-5) and visa issuance for employees. For this reason, it is recommended to seek guidance from specialized professionals to avoid unforeseen issues, improper practices, or even scams, which unfortunately may occur in the sector. Always remember to proceed cautiously and to gather information from reliable sources, ensuring that all legal requirements are duly met for the safe and lawful success of your company’s expansion project.

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.