At a Glance
Brazil is not an E-2 treaty country, so Brazilian investors and founders usually reach the United States through EB-5, O-1A, EB-1A, the National Interest Waiver or, if they also hold Italian or Portuguese citizenship, the E-2 visa on that second nationality.
Founders whose Brazilian company will keep operating can also use the L-1 to open or grow a related U.S. office.
Samper Law advises Brazilian clients nationwide in Portuguese and English, with Lidice Samper, Esq. leading the legal strategy and Gerardo Kloss working alongside her on structure and source of funds.
Is Brazil an E-2 Treaty Country?
No.
Brazil does not appear on the State Department list of treaty countries, so a Brazilian passport alone does not qualify for the E-2 treaty investor visa.
A Brazilian who also holds the citizenship of a treaty country, such as Italy or Portugal, may apply for E-2 status as a national of that country. The U.S. business must be at least 50 percent owned by nationals of that same treaty country, and the investor applies on that country's passport.
Federal law enacted in December 2022 also requires a person who acquired treaty nationality through a financial investment to have been domiciled in that country for at least three years before E visa eligibility. Citizenship by descent is a different situation; we review the facts of each case before any funds move.
State Department treaty country list | Accurate as of October 22, 2026
Comparing Your U.S. Routes
| Route | What it is | When it fits | Status |
|---|---|---|---|
| E-2 (through Italian or Portuguese citizenship) | Renewable nonimmigrant visa to develop and direct a U.S. business in which you have made a substantial investment that is at risk. | You also hold Italian, Portuguese or another treaty citizenship and want a renewable visa to run your own U.S. business. | Only through a second treaty nationality |
| EB-5 Immigrant Investor | Green card based on a qualifying investment in a U.S. enterprise that creates at least 10 full time jobs, directly or through a regional center. | You want permanent residence for yourself, your spouse and unmarried children under 21 and can document a lawful source for the full investment. | Open |
| O-1A Extraordinary Ability | Nonimmigrant visa for individuals with extraordinary ability in business, science, education or athletics. | You are a founder or executive with a documented record such as significant funding, press, awards, judging or high compensation. | Open |
| EB-1A Extraordinary Ability | Self petitioned green card for individuals with sustained national or international acclaim. No employer or job offer is required. | Your record already meets at least three of the ten regulatory criteria and shows you are among the small percentage at the top of your field. | Open |
| EB-2 National Interest Waiver | Green card that waives the job offer and labor certification when your proposed work has substantial merit and national importance. | You hold an advanced degree or exceptional ability and have a credible plan for work that benefits the United States. | Open |
| L-1 Intracompany Transfer | Visa for managers, executives and specialized knowledge staff of a foreign company opening or expanding a related U.S. office. | You have worked for the foreign company for at least one continuous year in the last three, and it will keep operating abroad. | Open |
Source of Funds From Brazil
U.S. officers ask the same two questions of every investment: where did this money come from, and how did it reach the United States. For Brazilian investors the paper trail usually runs through these records.
Banking records
Statements from each Brazilian account that held the funds across the period they accumulated, with the sale, salary, dividend or loan records that produced them.
Tax filings
Declarações de Imposto de Renda (DIRPF) reporting the income and assets, which officers compare against the amount invested.
Currency transfer documentation
The contrato de câmbio for each conversion from reais to dollars, the IOF record and the bank's SWIFT confirmation.
The general EB-5 and E-2 paper trail, from origin of funds to the U.S. account, is set out in EB-5 Source of Funds: Build the Paper Trail Before You Wire.
Frequently Asked Questions
Can a Brazilian citizen get an E-2 visa?
Not on a Brazilian passport, because Brazil is not a treaty country. A Brazilian who also holds Italian, Portuguese or another treaty citizenship may qualify on that nationality, provided the U.S. business is at least 50 percent owned by nationals of that same country.
Can I use Italian citizenship by descent for an E-2?
Generally yes, if you hold a valid Italian passport and meet the E-2 requirements. The three year domicile rule applies to nationality acquired through a financial investment, not by descent, but each case should be reviewed before you invest.
Which green card routes are open to Brazilian nationals?
EB-5, EB-1A and the EB-2 National Interest Waiver are all open to Brazilian nationals. EB-1A and the NIW do not require an investment; they depend on your record and your proposed work in the United States.
How do I prove the source of funds coming from Brazil?
With bank statements, tax returns, the documents behind the original source of the money, and the contrato de câmbio and wire records for each transfer, all linked in an unbroken trail to the U.S. investment.
Does Samper Law work in Portuguese?
Yes. Consultations, document review and client communication are available in Portuguese and English.
ATTORNEY ADVERTISING. General information only; not legal advice and does not create an attorney client relationship. Treaty status and agency policy can change; confirm with counsel before you invest. Prior results do not guarantee a similar outcome.