New Guidelines Implemented for Technical Visas

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At a Glance

The Ministry of Labor in Brazil has published a new resolution that requires foreign nationals applying for a Short-Term Technical Visa to prove that their situation requires urgent entry into Brazil, with urgency undefined and based only on an undetermined standard. The government will process the applications of those who qualify under this category in five business days, while those who do not qualify for this category will see 30-45 day processing times. Previously, the applications of technical workers seeking to stay in Brazil for up to 180 days were processed in five business days without the need to prove urgency. This will effectively make the application process longer for many technical employees seeking to work in Brazil for up to 180 days.

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The situation

The Ministry of Labor issued new guidelines effective October 15, 2018 that change the qualification criteria for Short-Term Technical Visas.

Main change

Under the previous resolution, the following categories of Technical Visas existed:

• Short-Term Technical Visa: valid for up to 180 days, processed in five business days;
• Long-Term Technical Visa: valid for up to one year, processed in 30 to 45 days; and
• Emergency Technical Visa: valid for up to 180 days, processed in two business days.

Under the new resolution, to be eligible for five-day processing for a 180-day stay under a Technical Visa, the applicant must prove that they are facing an urgent situation. Although the government has not defined what constitutes an “urgent situation”, the Ministry of Labor has verbally confirmed and Fragomen’s experience shows that an unexpected issue out of the employer’s control that impacts production or the rendering of a service can qualify. Notably, a certain assignment start date does not qualify as urgent.

Applicants who fail to or do not seek to prove urgency will fall into the regular processing time of 30 to 45 days for a Long-Term Technical Visa, which allows a stay of up to one year.

Impact

The urgent visa is now the only option for foreign nationals to obtain a Technical Visa in a shorter processing time than the 30-45 days available under the Long-Term Technical Visa, unless they are eligible for the emergency visa, discussed below.

• Start application process early. This change makes it crucial for employers who seek to send technical employees on short-term assignments to Brazil to start the application process far in advance to compensate for the longer processing time for non-urgent trips. 
• Pending applications. It is not clear whether the Ministry of Labor is adjudicating pending Short-Term Technical Visa applications under the former or new regulation. Therefore, employers should be prepared to prove urgency if the Ministry requests it, or to potentially face the longer processing time under the Long-Term Technical Visa standard.

Employers should discuss each employees’ situation with their immigration provider to determine their qualification for other shorter-processing options.

Unchanged matters

The new resolution clarifies that the below processes are not changing at this time:

• Technical Visa application process. Foreign nationals traveling to Brazil to provide technical assistance should continue to submit an application to the Ministry of Labor. Once the Ministry of Labor approves the application, the Ministry sends an internal communication to the Brazilian consulate indicated on the foreign national’s application. The foreign national then makes a personal appearance at the consulate to obtain their visa stamp.
• Emergency visas. Foreign nationals who indicate in their invitation letter that they are traveling to Brazil for an emergency (such as an imminent threat to life, the environment or to cultural value, as determined by the Brazilian government) will still qualify for two-day processing of their Technical Visa application, and the visa will still be valid for up to 180 days.

Background

Technical Visas are available to foreign nationals traveling to Brazil to provide technical assistance based on a technical services agreement between the sending and receiving companies.

Looking ahead

Brazil continues to review and update regulations that were issued during the overhaul of their immigration system in November 2017, in an effort to streamline processes to align them with current immigration needs, while limiting the misuse of visas. Fragomen will report on relevant developments as they occur.

Fragomen in Brazil is Fragomen Brasil Serviços de Imigração Ltda., operating exclusively as an immigration consultancy and not as a law firm in Brazil. This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].