Frequently
Asked Questions Center

The EB-2 NIW (National Interest Waiver) visa is typically intended for individuals with advanced degrees or exceptional abilities. Generally, this means the applicant should have at least an advanced degree (master’s or doctorate) or demonstrate exceptional ability in their field. However, it is not strictly limited to university graduates.

For individuals with exceptional abilities, it may be possible to qualify without an advanced degree, provided they can present substantial evidence of their achievements and recognition in the field. This may include:

1. Significant work experience: several years of progressively responsible experience in the field.
2. Professional recognition: awards, certifications, or notable recognition for contributions in the field.
3. Publications and patents: publications in scientific or technical journals, patents, or other intellectual property.
4. Membership in professional associations: membership in professional associations that require notable achievements as a condition of admission.
5. Recommendation letters: letters of recommendation from established professionals in the field who can attest to the applicants skills and contributions.

For individuals with technical training, the challenge may lie in demonstrating that their skills are exceptional and of national interest to the U.S. While an advanced degree facilitates the process, it is not an absolute requirement if you can prove significant skills and accomplishments.

The EB-2 NIW is an excellent opportunity for pharmacists who can demonstrate that their presence and work in the United States are of national interest. Here is how a pharmacist may qualify:

1. Significant Impact on Public Health
   • Pharmacists who develop new medications, conduct innovative research, or implement public health programs that improve access to and effectiveness of treatments can demonstrate a significant impact.
2. Contribution to Scientific Research
   • Those involved in pharmaceutical research that leads to major medical advancements or addresses critical health issues have a strong foundation for their application.
3. Experience and Recognition
   • Demonstrating an outstanding track record, awards, publications in renowned scientific journals, and peer recognition can strengthen the case.
4. Critical Need and Shortage of Professionals
   • Pharmacists working in areas with a critical shortage of professionals or holding essential positions in recognized healthcare institutions can argue that their presence is vital to meeting public health needs.

There is no legal basis for these cases. However, there are other waivers that may apply if the individual has a U.S. citizen spouse, parent, or child experiencing extreme hardship, and the immigrant’s presence is essential to maintaining the stability of the citizen’s life.

The E-2 visa is an investor visa offered by the United States to citizens of countries that maintain treaties of commerce and navigation with the U.S. This visa allows investors and their essential employees to enter and work in the U.S. based on a substantial investment in an American business.

Key requirements for the E-2 Visa

1. Eligibility by country:
   • The applicant must be a citizen of a country that has a treaty of commerce and navigation with the United States.
2. Substantial Investment:
   • The investment must be substantial, meaning it should be sufficient to ensure the success of the business operation. There is no specific minimum amount, but the investment must be significant in relation to the total cost of the enterprise.
3. Active Business:
   • The investment must be in a real and operational business, not in a passive or marginal company. The enterprise must be actively engaged in commercial or business activities.
4. Control of Funds:
   • The investor must have control over the funds, and the investment must be at risk in the commercial market with the goal of generating profit.
5. Intent to Depart:
   • The applicant must demonstrate the intent to leave the U.S. upon expiration of E-2 status, although maintaining a residence abroad is not required.
6. Essential Employees:
   • Essential employees of the same nationality as the investor may be eligible for the E-2 visa if they are considered critical to the business’s operation (such as executives, managers, or individuals with specialized skills).
7. Sustaining Capacity:
   • The business must have the ability to generate more than a minimal income for the investor and their family. It should have the potential to create a positive economic impact.

The EB-2 Visa is a U.S. immigration category designed for aliens with exceptional abilities in their field or those who hold an advanced degree (master’s or doctorate). 

The EB-2 category includes two main subcategories:

1. EB-2(A): Advanced Degree Professionals: this subcategory is for aliens who have an advanced degree (master’s or doctorate) or its foreign equivalent, or to those who hold a bachelor’s certificate and at least five years of progressive experience in their field.
2. EB-2(B): Aliens with Exceptional Ability: this subcategory is for aliens with exceptional abilities in the sciences, arts, or business. Exceptional ability is defined as significantly above the level normally encountered in those fields.

In addition to the IT field, several other professions offer opportunities for Brazilians seeking the EB-2 NIW Visa (National Interest Waiver) in the U.S. Some of these professions include:

1. Engineering: Civil, mechanical, electrical, and environmental engineers are frequently in demand, particularly for infrastructure and sustainable development projects.
2. Healthcare Sciences: Doctors, nurses, dentists, pharmacists, and healthcare researchers are in high demand due to the ongoing need for qualified professionals in the sector.
3. Education and Academic Research: University professors and researchers in various fields are highly valued, especially those with publications and significant contributions to their areas of study.
4. Biological Sciences and Biotechnology: Professionals working in genetic research, biotechnology, biochemistry, and related fields are sought after, particularly in biotech companies and research laboratories.
5. FInance and Economics: Economists, financial analysts, and investment management specialists are needed to drive economic growth and manage corporate and institutional financial resources.
6. Energy and Natural Resources: Professionals in renewable energy, oil and gas, and natural resource management play a key role in innovation and sustainability within the energy sector.
7. Law and International Relations: Lawyers specializing in international law, human rights, and international trade, as well as professionals in international relations, can find significant opportunities, particularly in international organizations and NGOs.
8. Architecture and Urban Design: Architects and urban planners focusing on sustainable urban planning, infrastructure design, and innovative architectural projects are highly valued.

These and other professions can provide viable paths for Brazilians to obtain the EB-2 NIW visa, especially when they can demonstrate that their work has a significant impact on the United States in terms of innovation, research, or economic development.