Brazil Joins the Growing List of Countries Offering “Digital Nomad” Visas

The COVID-19 pandemic is causing many employers to reconsider the need for employees to return to the office in any capacity. At the same time, many employees have requested to work remotely from other countries. This presents potential tax (both corporate and individual), permanent establishment, and immigration issues. In response, as of the beginning of 2022, over 20 countries are now taking a dynamic approach to these changes and have introduced “digital nomad” visas that allow individuals to live in the respective country while working for a company that has no presence there.

Brazil has joined this growing number of countries that are offering digital nomad visas, issuing the long-awaited Resolution No. 45. Resolution No. 45 allows non-Brazilian workers to apply for visas that allow them to work in Brazil as digital nomads for up to 90 days during a 180-day period, or up to 180 days in a one-year period. Such visas will be valid for up to one year and will be eligible for renewal for another year. The maximum period a worker may remain in the country pursuant to Resolution No. 45 depends upon the worker’s nationality.

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U.K. Immigration 101

There are various types of visas for the United Kingdom. Designed for different purposes and lengths of stay, U.K. visas are available under many categories — each with its own unique eligibility requirements. To de-mystify the multitude of visa options, this primer gives a high-level overview of some of the key immigration categories that allow individuals to enter the U.K.

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U.S. Restricts Entry of Chinese Students and Researchers

On May 29, 2020, President Trump issued an executive order suspending the admission of Chinese nationals seeking entry to the U.S. with F-1 or J-1 visas if those visa holders have been affiliated with certain institutions tied to the Chinese military.

The order, which went into effect June 1, 2020 at 12:00 p.m. eastern daylight time, focuses primarily on the entry of Chinese nationals with J-1 or F-1 visas, meaning individuals not currently in the U.S. The order gives discretion to the Secretary of State and the Secretary of Homeland Security to implement the order. This affects Chinese nationals who receive funding from, are now or were previously employed by, currently study or previously studied at, or currently conduct research at or on behalf of or previously conducted research at or on behalf of an institution that supports China’s “military-civil fusion strategy” who a) are seeking to apply at a U.S. embassy or consulate for an F-1 or J-1 visa stamp, or b) already have a valid F-1 or J-1 visa stamp, are outside the U.S., and are seeking to enter the U.S. with that visa.

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Business Immigration and Coronavirus: Latest Announcements from USCIS and DOL

U.S. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE) and the Department of Labor (DOL) sent a flurry of operational updates late last week. These updates include a suspension of premium processing for FY2021 H-1B cap petitions, which was quickly followed by a suspension of premium processing for Form I-129 nonimmigrant visa petitions (H-1B, L-1, TN, O-1 and more work visas) and I-140 immigrant visa petitions. USCIS also sent an announcement relaxing certain “wet” original signatures on forms and an update relaxing some I-9 requirements.

For the full alert, visit the Faegre Drinker website.

U.K. Immigration Updates

The Immediate Post-Brexit Landscape

The new relationship between the United Kingdom (U.K.) and the European Union (EU), set in motion by the U.K.’s official departure from the EU, will very likely lead to significant changes to the U.K.’s immigration system, and we are beginning to see a few indications of where the U.K. might be headed.

Currently, we are in a transition period where all rules will stay the same until 31 December 2020. Although little will change until then, negotiations between the U.K. and the EU will begin imminently on the new relationship for 2021. Last week, the British government unveiled a new Global Talent visa route, and the Migration Advisory Committee (MAC) released their report on the future immigration system.

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