Immigration has always been a central topic in U.S. political and social discussions, as 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 U.S., it is essential to understand the country’s immigration laws, both for safety, rights, and duties, as well as for planning purposes.
After all, immigration laws directly influence the criteria for obtaining a temporary visa or permanent residency.
Therefore, in this content, we highlight the recent changes in U.S. immigration laws, analyzing the impacts and points of attention for Brazilians who wish to enter the country as tourists or even obtain a Green Card.
State Legislation in Florida — SB-1718 Law: the “Strongest Anti-Illegal Migration Legislation in the Country” 
Immigration laws in the United States are federal and apply uniformly across the country. However, there are significant differences in how states implement local policies and laws, which directly affect immigrants.
In contrast to federal actions, Florida implemented SB-1718 law on July 1, 2023, which imposes severe restrictions on undocumented immigrants.
This legislation criminalizes assisting undocumented immigrants and makes it difficult to access basic services, such as healthcare and transportation.
Additionally, employers who hire undocumented immigrants face heavy fines and may lose their operating licenses.
Entry of Talents into the U.S.: EB-1 Visa and O-1 Visa
The EB-1 and O-1 visas are two categories of work visas in the United States, specifically designed to attract highly qualified professionals with extraordinary abilities.
Both types of visas offer unique opportunities for individuals who wish to build a career in the U.S., but they have some crucial differences.
EB-1 Visa
The EB-1 visa is aimed at professionals who demonstrate extraordinary abilities in their fields.
This type of visa grants permanent residency 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. Often, it serves 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.
Additionally, the growth in the issuance of visas like the EB-1 and EB-2 NIW reflects an increased interest in opportunities in the U.S., highlighting the search for alternatives that offer not only temporary stay but also the possibility of permanent residency.
These options significantly contribute to diversity and innovation in the 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 U.S., the country can leverage their skills and contribute to economic growth.
The possibility of seeking higher-paying jobs also helps integrate these individuals into the formal economy.
Considerations
The new U.S. 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 expected that the changes will result in greater diversity and innovation in the American labor market.
What Will U.S. Immigration Policy Look like after the 2024 Elections?
With the re-election of Republican Donald Trump as President of the United States in 2024, U.S. immigration policy may undergo significant changes, such as:
- Adoption of even stricter measures: Strengthening border security measures, including wall construction and mass deportations.
- Visa Limitation: New limits for H-1B visas and increased salary requirements for sponsoring foreign workers.
- Focus on Skilled Immigration: Increase in EB-2 and EB-1 visas 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 topic in political discussions. However, the U.S. will continue to need skilled foreign labor as an integral part of its strong economy.
Re-election of Donald Trump
The re-election of Donald Trump to the presidency of the United States may 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, the international planning company becomes even more relevant for residency in the United States.
