As a general rule, yes. Maintaining an active CNPJ in Brazil does not, by itself, violate the terms of O-3, as long as the business activity takes place outside the United States and does not involve performing work or providing paid services from within the country.
The key point is the nature of the O-3: it allows the spouse to reside lawfully in the U.S. for the duration of the primary visa holder’s status, but it does not authorize work on U.S. territory. The dividing line is where and how the activity is carried out.
- Managing the company in Brazil or remotely, without performing services from the U.S., tends to be compatible with the status.
- Physically working in the U.S. or providing services to a U.S.-based company may constitute unauthorized employment.
For this reason, the recommendation is to keep foreign business activities clearly separate from any work performed inside the country. Since each case has its own specifics, it is worth confirming the current rules on the official USCIS website or with a specialist before making decisions.
Learn more about O-1
- Requirement
- Extraordinary ability
- Initial validity
- 3 years
- Extension
- 1 year at a time (unlimited)
- Processing
- 2-4 months
About the author
Victoria Harper
Editor-in-Chief
As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.