Immigration has always been a central issue in political and social discussions in the United States, since the country is one of the main destinations for immigrants worldwide, thanks to its strong economy, growth opportunities, cultural diversity, quality of life and other factors. For Brazilians who wish to visit or live in the USAit is essential to know the country’s immigration laws, both for security reasons, rights and duties, and for planning.
After all, immigration laws directly influence the criteria for obtaining a temporary or permanent visa. permanent residence. Therefore, in this content we highlight the recent changes in the US immigration lawsimmigration laws, analyzing the impacts and points of attention for Brazilians wishing to enter the country as tourists or even to obtain a Green Card.
State Legislation in Florida – SB-1718: The “strongest anti-illegal migration legislation in the country” 
Immigration laws in the United States are federal and apply uniformly throughout the country. However, there are significant differences in the way states implement local policies and laws that directly affect immigrants. In contrast to federal actions, Florida implemented the SB-1718 law on July 1, 2023, which imposes severe restrictions on undocumented immigrants. This criminalizes assistance to undocumented immigrants and hinders access to basic services such as health care and transportation.
In addition, employers who hire undocumented immigrants face heavy fines and could lose their operating licenses.
Talent entry to the USA: EB-1 Visa and O-1 Visa
The EB-1 and O-1 visas are two categories of work visas in the United States, specially designed to attract highly qualified professionals with extraordinary skills. Both types of visas offer unique opportunities for individuals wishing to build a career in the US, but they have some crucial differences.
EB-1 visa
The EB-1 visa is aimed at professionals who demonstrate extraordinary skills in their field.
This type of visa grants permanent residence in the United States (the famous Green Card) to individuals who have reached the highest level in their careers, such as scientists, artists, educators, entrepreneurs or athletes.
O-1 visa and other options for qualified professionals
The O-1 visa remains an attractive option for people with extraordinary abilities in various fields. It often acts as a first step for professionals who may later apply for immigrant visas, such as the EB-1, due to the similarity of eligibility criteria between the two.
In addition, the growth in the issuing of visas such as EB-1 and EB-2 NIW reflects an increase in interest in opportunities in the US, highlighting the search for alternatives that offer not only temporary stay, but also the possibility of permanent residence.
These options contribute significantly to diversity and innovation in the North American market, attracting highly qualified professionals, including a growing number of Brazilians.
Economic implications
These changes not only aim to attract talent, but also have the potential to bring considerable economic benefits.
By allowing highly qualified immigrants to work legally in the US, the country can take advantage of their skills and contribute to economic growth.
The possibility of seeking higher-paying jobs also helps to integrate these individuals into the formal economy.
Considerations
The new US immigration policies are shaping up to create a more accessible and attractive environment for global talent.
With clearer criteria and legislative proposals underway, it is hoped that the changes will result in greater diversity and innovation in the American labor market.
What will US immigration policy look like after the 2024 elections?
With the re-election of Republican Donald Trump as president of the United States in 2024, US immigration policy may undergo significant changes, such as:
- Adoption of even stricter measuresReinforcement of border security measures, including the construction of the wall and mass deportations.
- Visa LimitationsNew limits for H-1B visas and increased salary requirements for sponsoring foreign workers.
- Focus on Skilled ImmigrationIncrease in EB-2 and EB-1 for highly qualified professionals, but with a more restrictive approach to unskilled immigration.
Impact on the Immigrant Community
Regardless of who is in power, Republicans or Democrats, immigration policy will continue to be a central issue in political discussions. However, the US will continue to need skilled foreign labor as an integral part of its strong economy.
Re-election of Donald Trump
A re-election of Donald Trump to the presidency of the United States could impact Brazilians with measures such as mass deportation of illegal immigrants and increased protectionism. This, in turn, encourages the entry of legal immigrants with exceptional skills. With these possible changes, immigration advice becomes even more important for acquiring a visa and residency in the United States.
