Frequently Asked Questions
Direct answers to the most common questions. 26 items organized by topic.
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General
- How much does a consultation cost?
- The initial consultation has a fixed fee communicated at the time of booking. During the call, Dra. Izi Pinho evaluates your case, explains your legal options and presents a clear strategic plan — with no commitment to hire after the consultation.
- How long does the immigration process take?
- It depends on the case type. The EB-2 NIW for Brazilians is CURRENT in 2026, with approvals ranging from 8 to 18 months. A marriage-based Green Card with a U.S. citizen averages 10 to 13 months. An E-2 visa can be approved in 3 to 6 months. We provide realistic timelines specific to your situation during the consultation.
- Do you handle business law for immigrants?
- Yes — and that is one of our greatest differentiators. We assist immigrant entrepreneurs and executives with company formation, contracts, corporate structuring and Brazil-U.S. taxation, integrating immigration and business law under one roof.
- What documents should I bring to my first meeting?
- Bring any relevant immigration documents (passport, current visa, USCIS notices), identification and any paperwork related to your case. After scheduling, we send a detailed preparation checklist so you arrive fully ready.
- Can I open a company in the U.S. without a residency visa?
- Yes. Foreign non-residents can open an LLC in the U.S. without a work visa or Green Card. The process is 100% remote. At Pinho Law, we handle everything: Articles of Organization, EIN from the IRS, Operating Agreement and bank account setup.
- Can a Brazilian get an E-2 visa?
- Brazil is not a signatory to the E-2 treaty. However, Brazilians with dual citizenship — Italian, Portuguese, Spanish, among others — may qualify. If you hold dual citizenship, schedule an evaluation so we can assess your profile.
- What is the difference between EB-2 NIW and EB-1A?
- Both are paths to a Green Card without needing an employer sponsor. The EB-2 NIW requires demonstrating that your work is in the national interest of the U.S. The EB-1A requires proving extraordinary ability with recognized standing in your field — awards, publications, notable leadership. The best path depends on your profile and we assess this during the consultation.
- Is my Brazilian will valid for assets I own in the U.S.?
- Not necessarily. In the U.S., real property is governed by the law of the state where it is located (lex situs). A will made in Brazil may not be recognized or may require a homologation process. A Revocable Living Trust is the most recommended structure to ensure your U.S. assets are transferred according to your wishes, without going through probate.
Business & Investment
- Can I open a company in the U.S. without a residency visa?
- Yes. Foreign non-residents can open an LLC in the U.S. without a work visa or Green Card. The process is 100% remote. We handle everything: Articles of Organization, EIN from the IRS, Operating Agreement, and bank account setup. Important: since January 2024, every LLC must file a Beneficial Ownership Information (BOI) report with FinCEN within 90 days of formation.
- What is the difference between LLC, C-Corp, and S-Corp for Brazilians?
- LLC: pass-through, flexible, no residency requirement — ideal for most Brazilians. C-Corp (typically Delaware): required for institutional fundraising or IPO; subject to corporate double taxation. S-Corp: NOT available when any owner is a non-resident foreigner — ruled out for most Brazilians.
- Can a Brazilian be a member of a U.S. LLC?
- Yes. There is no citizenship or residency requirement to be a member of an LLC in Florida. Foreign non-residents can hold full or partial membership in a U.S. LLC.
- Do I need a Social Security Number (SSN) to open a company in the U.S.?
- No. It is possible to obtain an EIN (Employer Identification Number) from the IRS without an SSN — the process is done via a specific form (Form SS-4) and can be completed remotely.
- What is FIRPTA and how does it affect foreign real estate buyers?
- FIRPTA (Foreign Investment in Real Property Tax Act) withholds 15% of the gross sale price when the seller is a non-resident foreigner. For residential sales between $300K and $1M where the buyer will occupy the property, the rate drops to 10%. Above $1M, always 15%. The withholding is a prepayment of tax — you can apply for a Withholding Certificate from the IRS to reduce the withholding before closing.
- Is my Brazilian will valid for assets I own in the U.S.?
- Not necessarily. In the U.S., real property is governed by the law of the state where it is located (lex situs). A will made in Brazil may not be recognized or may require a homologation process. A Revocable Living Trust is the most recommended structure to ensure your U.S. assets are transferred according to your wishes, without going through probate.
- What is the FBAR and who must file it?
- The FBAR (Foreign Bank Account Report — FinCEN Form 114) is the mandatory disclosure of foreign bank accounts for persons with U.S. tax obligations. Anyone with more than $10,000 in foreign accounts (combined) at any point during the year must file. Non-compliance can result in severe penalties — civil and even criminal in cases of willful evasion.
- Is a contract signed in Brazil enforceable in the U.S.?
- It depends on what the contract governs and how it was drafted. Contracts involving goods, services, or employment relationships in the U.S. must be prepared or reviewed under U.S. law — particularly the law of the state where the company operates. We always recommend having bilingual contracts reviewed by a U.S. attorney before signing.
- What is the best structure for a Brazilian investor in the U.S.?
- It depends on the objective. For most Brazilian investors, the LLC is the starting point — flexible, pass-through taxation, no residency requirement. For those seeking investment rounds or an IPO, a C-Corp (Delaware) is the path. S-Corp is not an option for non-residents. For real estate investment, the standard is a Florida holding LLC + per-property Delaware LLC + §871(d) election + offshore Trust to mitigate estate tax.
Work & Investment Visas
- What is the difference between EB-2 NIW and EB-1A?
- Both are paths to a Green Card without needing an employer sponsor. The EB-2 NIW requires demonstrating that your work is in the national interest of the U.S. (Dhanasar 3-prong). The EB-1A requires proving extraordinary ability with sustained recognition in your field — awards, publications, notable leadership (Kazarian two-step). General approval: EB-2 NIW ~67%, EB-1A ~30%. The best path depends on your profile and we assess this during the consultation.
- Can a Brazilian get an E-2 visa?
- Brazil is NOT a signatory to the E-2 treaty. However, Brazilians with dual citizenship — Italian, Portuguese, Spanish, Turkish, Grenadian, among others — may qualify. If you hold dual citizenship, schedule an evaluation so we can assess your profile.
- What is the L-1A visa and who is it for?
- L-1A is the intracompany transfer visa for executives and managers. It requires 1+ year working at the foreign company in the past 3 years, in an executive or managerial role, transferring to a U.S. subsidiary or affiliate. One of the cleanest paths for Brazilian entrepreneurs: initial validity 3 years (1 year for new entities), extendable to 7 years. Direct route to EB-1C (no PERM) for the green card.
- How does the EB-5 investor Green Card work?
- EB-5 is the investor Green Card. In 2026, the minimum investment is $800,000 in a TEA (Targeted Employment Area — Rural or Urban) or $1,050,000 outside. The investment must create 10 full-time jobs for U.S. workers. Brazilians are CURRENT in all Reserved TEA categories in the April 2026 Visa Bulletin — the most favorable window since 2018.
- Can I work in the U.S. on an F-1 student visa?
- Yes, with restrictions. F-1 permits: (1) on-campus part-time during the semester (up to 20h/week); (2) CPT (Curricular Practical Training) integrated into the curriculum; (3) OPT (Optional Practical Training) for 12 months post-completion; (4) STEM OPT for an additional 24 months if your degree is in STEM. Work outside these parameters voids F-1 status.
- What is adjustment of status and when can I apply?
- Adjustment of Status (AOS, Form I-485) is the process to obtain a green card without leaving the U.S. You qualify when: (1) you are in the U.S. in valid status; (2) you have an approved immigrant petition (I-130, I-140, etc.); (3) your priority date is current in the Visa Bulletin. For marriage to a U.S. citizen and EB-2 NIW (Brazil CURRENT in 2026), AOS is the standard path.
- Do I need an attorney to apply for adjustment of status?
- Technically, no — the I-485 can be filed pro se. In practice, a poorly answered RFE or eligibility mistake can cause denial with serious consequences (including deportation). Attorney-prepared petitions have a significantly higher approval rate. For any case with complexity — historical out-of-status, marriage fraud red flags, concurrent I-485 with I-140 — counsel is essential.
- What happens if I fall out of immigration status?
- Unlawful presence (overstay) triggers escalating consequences. More than 180 days out of status = 3-year bar to return. More than 1 year = 10-year bar. Falling out of status complicates AOS and may require a waiver (I-601A). If you are out of status, do NOT leave the U.S. before consulting an attorney — leaving can trigger the bar.
- Can a Brazilian with dual European citizenship get an E-2 visa?
- Yes — this is the most common path for Brazilians to qualify for E-2. EU countries (Portugal, Italy, Spain, Germany, etc.), the United Kingdom, Turkey, Grenada, and others have E-2 treaties with the U.S. If you are a Brazilian citizen AND a citizen of a treaty country, you qualify. The passport used for the E-2 application must be from the treaty country.
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