Brazil — Work Authorization & Visas

Brazil's work-authorization regime is governed by Lei nº 13.445 of May 24, 2017 (the "Lei de Migração" or Migration Law), which entered into force on November 21, 2017, and its implementing regulation Decreto nº 9.199 of November 20, 2017. This framework replaced the prior Estatuto do Estrangeiro (Lei nº 6.815/1980), which had focused heavily on national security; the 2017 Migration Law shifts to a human-rights and economic-development orientation, aligning Brazilian immigration policy with constitutional principles of equality, family unity, and labor-market integration.

Core principles. Article 3 of Lei 13.445 establishes guiding principles including (i) universality and indivisibility of human rights, (ii) repudiation of xenophobia and discrimination, (iii) promotion of regular entry and regularization, (iv) Brazil's economic, technological, and social development, and (v) guarantee of labor protections without discrimination based on nationality or migratory status. These principles inform the interpretation and application of all visa and residence-authorization categories.

Agency jurisdiction. Work-authorization administration is divided among three principal agencies:

• Ministério da Justiça e Segurança Pública (MJSP) — the Ministry of Justice and Public Security — issues residence authorizations (autorizações de residência) for temporary work through the General Coordination of Labor Immigration (Coordenação-Geral de Imigração Laboral, CGIL). Employer sponsors file residence-authorization petitions with MJSP before a foreign national may apply for a work visa at a consulate.

• Ministério das Relações Exteriores (MRE; "Itamaraty") — the Ministry of Foreign Affairs — issues visas through Brazilian consulates abroad after MJSP grants residence authorization. Article 4 of Decreto 9.199 defines a visa as "the document that gives its holder expectation of entry into national territory."

• Polícia Federal — the Federal Police — administers immigration enforcement and registration within Brazil. All holders of temporary visas (VITEM) must register with the Federal Police within 90 days of arrival to obtain the Carteira de Registro Nacional Migratório (CRNM), the national migratory-registration card (previously called RNE). The Federal Police also adjudicates applications for residence authorization filed in-country, including conversions and renewals.

Visa categories. The Migration Law replaced the prior permanent-visa category with a two-tier structure: temporary visas (VITEM) and residence authorizations. Temporary visas are numbered (VITEM I through XIV and beyond) and tied to specific purposes. For work, the principal category is VITEM V (temporary work visa), governed by a series of Normative Resolutions issued by the National Immigration Council (Conselho Nacional de Imigração, CNIg), now integrated into the Ministry of Justice. VITEM V encompasses employment under a Brazilian labor contract (Normative Resolution 02/2017), technical assistance (RN 03/2017), technology transfer (RN 04/2017), ship crew (RN 05 and 06/2017), intra-company transfers (RN 11/2017), media correspondents (RN 17/2017), and other specialized categories. Additional work-related temporary visas include VITEM XII for artistic and sporting activities without a Brazilian employment contract and the recently created VITEM XIV for digital nomads (remote workers earning foreign income).

Two-step process for VITEM V. The standard work-visa path requires (1) employer filing of a residence-authorization petition with MJSP-CGIL, (2) MJSP approval and transmission of that approval to the designated Brazilian consulate, (3) visa application by the foreign national at the consulate, and (4) registration with the Federal Police within 90 days of entry into Brazil. The residence authorization is valid for six months from the MJSP decision date; if the visa is not issued within that window, a new authorization is required.

Integration with labor and tax law. Article 3, XI of Lei 13.445 guarantees "compliance with legal and contractual labor obligations and application of worker-protection norms, without discrimination based on nationality or migratory status." Foreign workers on VITEM V visas are subject to Brazil's Consolidação das Leis do Trabalho (CLT) for employment-contract terms, social-security contributions, and labor protections. Cross-border employers must also evaluate permanent-establishment exposure under Brazil's domestic tax law and applicable tax treaties, as a dependent-agent employee or sustained on-the-ground presence can trigger PE status for the foreign employer.

Sanctions for non-compliance. Employing a foreign national without valid work authorization subjects the employer to administrative fines and may result in criminal liability. The foreign worker faces deportation and a bar on re-entry. Article 109 of Lei 13.445 provides for repatriation, deportation, or expulsion depending on the nature of the immigration violation; Article 125 repealed the older Estatuto do Estrangeiro's criminal-offense provisions, but administrative sanctions remain robust.

Cross-reference for U.S. employers. U.S. companies hiring Brazilian nationals to work remotely from Brazil (i.e., the worker never enters the United States) should consult the U.S. guide in this vertical for rules on IRS Form W-8BEN (establishing non-U.S.-person status), income-tax-treaty benefits (the U.S.–Brazil treaty entered into force in 1967; Protocol of 2015), and FICA exemption / totalization-agreement analysis (the U.S. and Brazil signed a totalization agreement effective June 30, 2015, to eliminate dual social-security coverage).

Source: Lei nº 13.445, de 24 de maio de 2017 Source: Decreto nº 9.199, de 20 de novembro de 2017 Source: Ministério das Relações Exteriores — Types of Visa Source: Ministério das Relações Exteriores — Work Visa (VITEM V)

The VITEM V temporary work visa under Resolução Normativa nº 02 of December 1, 2017 (RN 02/2017) is the principal route for foreign nationals coming to Brazil under an employment contract with a Brazilian entity. The process requires sequential approval from the Ministry of Justice and Public Security, visa issuance at a Brazilian consulate, and registration with the Federal Police after arrival.

## Employer-initiated petition to MJSP

The Brazilian employer (or host entity) must file the residence-authorization petition with the Coordenação-Geral de Imigração Laboral (CGIL) of the Ministry of Justice and Public Security before the foreign national applies for a visa at a consulate. Petitions are filed electronically through the MigranteWeb 2.0 system (accessible at https://migrante.mj.gov.br), which since November 2022 has allowed login via the federal government's single sign-on (gov.br login único) and no longer requires digital-certificate authentication. CGIL has up to 30 days to review the petition; if documents are incomplete, the agency issues an electronic notice requiring correction, which triggers a new 30-day review period upon compliance.

RN 01/2017 (the general procedural resolution) and RN 02/2017 (employment-specific) set out the required documentation:

• Employment contract (contrato de trabalho) for a fixed or indefinite term, complying with Brazil's Consolidação das Leis do Trabalho (CLT). The contract must specify the function, activities, start date (within 30 days of entry into Brazil), and duration matching the residence period requested. For fixed-term contracts, the residence authorization is capped at the contract length; for indefinite-term contracts, the initial residence period is up to two years (Article 2, paragraph único, RN 02/2017).

• Proof of the employer's legal existence in Brazil (CNPJ registration, company by-laws, or articles of association).

• Qualification and experience documentation for the foreign worker. RN 02/2017 Article 2 requires "compatibility between the qualification and professional experience of the immigrant and the activity that will be performed in the country." The employer must demonstrate one of the following:
• Master's degree, doctorate, or higher degree compatible with the role; or
• Postgraduate qualification (minimum 360 hours) plus at least one year of experience in the specialization area; or
• Bachelor's degree plus at least two years of professional experience in the field.

Experience is counted from the date of degree completion. Diplomas and certificates must be apostilled under the Hague Convention (if from a signatory country) or authenticated by a Brazilian consulate, and officially translated into Portuguese by a sworn translator (tradutor juramentado) in Brazil.

• Background check (clearance certificate) from the applicant's country of residence, issued within the last 90 days before petition filing, apostilled, and translated.

• Passport copy valid for at least six months.

• Payment of the processing fee (taxa de processamento e avaliação de autorização de residência) established by RN 01/2017.

## MJSP decision and transmission to the consulate

Once MJSP-CGIL approves the petition, it issues a residence authorization (autorização de residência) and transmits notification to the Brazilian consulate designated by the employer in the petition. The residence authorization is valid for six months from the decision date (Decreto 9.199/2017, Article 147; confirmed in consular guidance). If the foreign national does not apply for the visa and enter Brazil within that six-month window, the authorization expires and the employer must file a new petition.

Consulates maintain a daily-updated list of approved residence authorizations. The foreign national (or employer, if monitoring the process) should verify receipt of the authorization at the consulate before submitting the visa application. Mismatched information between the authorization and the passport (name spelling, birth date, employer name) will block visa issuance until MJSP corrects the authorization in Brazil.

## Visa application and issuance at the consulate

After the consulate receives MJSP authorization, the applicant submits:

• Valid passport (at least six months' validity, two blank visa pages; amendment pages not accepted).
• Completed online visa application form (https://formulario-mre.serpro.gov.br/sci/pages/web/ui/#/servicos-estrangeiros), printed and signed. The form is valid for 30 days after submission.
• One recent passport photo (3 × 4 cm or 2 × 2 inches, color, white background, front view, taken within the last six months).
• Proof of residence in the consular jurisdiction (if required by that consulate).
• Visa fee (varies by consulate and applicant's nationality; reciprocity-based).

The VITEM V visa is issued for up to one year from the date of issuance, during which the holder must make initial entry into Brazil. Most consulates process visa applications within five business days, though consular authorities reserve the right to request an interview or additional documents, extending processing up to 30 days.

## Temporary-residence period and Federal Police registration

The initial residence period (período de residência) granted under RN 02/2017 is up to two years, counted from the date of first entry into Brazil. The actual period is set by MJSP in the residence authorization and confirmed by the Polícia Federal upon registration. The visa stamp itself is valid for up to one year (the entry window), but the work authorization and legal-residence status extend for the full period approved by MJSP — often two years for indefinite-term contracts or the contract term for fixed-term employment.

Within 90 days of arrival (or 30 days for domestic employees registered in the e-Social system), the visa holder must register with the Federal Police at the jurisdiction where they will reside. The applicant presents the visa-application receipt form (provided by the consulate when the visa is issued), the passport with the VITEM V stamp, proof of address in Brazil, and the apostilled birth certificate (original) with sworn translation. The Federal Police issues the Carteira de Registro Nacional Migratório (CRNM), the national migratory-registration card (formerly RNE). The CRNM, together with a valid passport, is the work-authorization document for the duration of the residence period. Failure to register within 90 days subjects the foreign national to administrative penalties and possible deportation.

## Renewal and conversion to indefinite-term residence

Resolução Normativa nº 29 of June 12, 2018 (RN 29/2018, amending RN 30/2018) governs renewal and conversion. A worker on a fixed-term contract under RN 02/2017 may renew the residence authorization by filing a new petition (via MigranteWeb) with a new fixed-term contract, the prior contract, and a copy of the CTPS (Carteira de Trabalho e Previdência Social, the Brazilian work booklet). A worker converting from fixed-term to indefinite-term employment files the new indefinite-term contract, CTPS copy, and the processing fee; MJSP grants an indefinite-term residence authorization, eliminating the need for future renewals as long as the employment relationship continues. The renewal or conversion petition must be filed before the current residence period expires.

## Cross-reference: labor-law obligations

Foreign workers on VITEM V are subject to the same labor protections and obligations as Brazilian nationals under the CLT. The employer must register the employee in the CTPS, enroll in e-Social for payroll reporting, withhold and remit INSS (social-security) and IRPF (income-tax) contributions, and comply with minimum-wage, working-time, vacation, and termination rules. Employers should consult the Brazil — Statutory Benefits & Leave and Brazil — Termination & Severance guides in this vertical for CLT detail, and evaluate permanent-establishment exposure under Brazilian corporate-income-tax law (Lei nº 9.249/1995 and applicable tax treaties).

## Special case: media correspondents

Media correspondents, journalists, photojournalists, and members of press, radio, or television organizations are exempt from the MJSP pre-approval requirement under RN 17/2017. These applicants may apply for a VITEM V directly at a Brazilian consulate by presenting a letter from the foreign media organization confirming (i) name and nature of the employer, (ii) description of activities in Brazil, (iii) address of the Brazilian office, and (iv) a statement that the applicant will not receive payment from Brazilian sources. The consulate may issue the visa without prior MJSP authorization. If filming or capturing moving images for commercial purposes, the applicant must obtain authorization from ANCINE (Agência Nacional do Cinema). Media correspondents' VITEM V visas are issued for up to one year, and the residence period is determined by the Federal Police upon registration in Brazil.

Source: Resolução Normativa nº 02, de 1º de dezembro de 2017 Source: Resolução Normativa nº 01, de 1º de dezembro de 2017 Source: Decreto nº 9.199, de 20 de novembro de 2017 Source: Portal de Imigração — MigranteWeb 2.0 Source: Ministério das Relações Exteriores — Work Visa (VITEM V) Source: Resolução Normativa nº 29, de 12 de junho de 2018

Resolução Normativa nº 11 of December 1, 2017 (RN 11/2017) governs residence authorization for foreign nationals coming to Brazil as administrators, managers, directors, or executives with management powers to represent a Brazilian civil or commercial entity, group, or economic conglomerate that has received qualifying foreign investment. This route is distinct from the standard employment-contract VITEM V under RN 02/2017: RN 11/2017 requires no Brazilian employment contract (the foreign national works sem vínculo empregatício—without an employment relationship in Brazil), but it does require proof that a foreign entity has made a substantial capital investment in the Brazilian company the applicant will manage.

RN 11/2017 replaced the prior Resolução Normativa nº 62/2004 and is the principal pathway for multinational corporations transferring executives to oversee Brazilian subsidiaries, affiliates, or joint ventures capitalized by the foreign parent. The process follows the same two-step structure as other VITEM V categories: employer petition to the Ministry of Justice and Public Security, MJSP approval and transmission to a Brazilian consulate, visa issuance, and Federal Police registration within 90 days of arrival.

## Qualifying foreign investment and capital thresholds

Article 2 of RN 11/2017 sets two alternative investment thresholds. The Brazilian entity petitioning for the foreign executive's residence authorization must demonstrate one of the following:

Option A: R$ 600,000 minimum investment. Foreign direct investment of at least R$ 600,000 (six hundred thousand Brazilian reais) in the Brazilian company. This is the standalone investment route; no job-creation commitment is required.

Option B: R$ 150,000 investment plus job-creation plan. Foreign direct investment of at least R$ 150,000 (one hundred fifty thousand Brazilian reais), accompanied by a written plan to create at least 10 new jobs for Brazilian nationals within two years of the start of the company's operations in Brazil. The job-creation plan must detail the roles, hiring timeline, and compliance mechanism. MJSP may request evidence of plan execution during renewal.

The investment threshold applies per executive named. If a multinational seeks residence authorization for three executives under RN 11/2017, the Brazilian entity must show R$ 600,000 × 3 = R$ 1,800,000 in foreign investment (or R$ 150,000 × 3 with a corresponding job-creation plan scaled proportionally). Resolução CNIG/MJSP nº 49 of June 25, 2024 amended RN 11/2017 to align investment-proof requirements with Brazil's Lei nº 14.286 of December 29, 2021 (the "Novo Marco Legal do Câmbio," or New Foreign Exchange Legal Framework). Under the 2024 amendments, petitioners may demonstrate foreign investment through either (i) a foreign-exchange contract (contrato de câmbio) and proof of funds transfer into the Brazilian entity's bank account, or (ii) if the investment occurred after the 2021 Foreign Exchange Law took effect and no foreign-exchange contract was generated, alternative documentation showing compliance with Central Bank of Brazil registration requirements under Lei 14.286/2021 and Central Bank regulations.

The investment must be registered with the Banco Central do Brasil as foreign direct investment (FDI). Article 2 of RN 11/2017 (as amended by RN 49/2024) requires submission of either:

• For traditional foreign-exchange transactions: (i) the act designating the foreign national as an executive with management powers, issued by the foreign investor; (ii) proof of foreign-capital participation in the Brazilian company through the foreign-exchange subscription bulletin (boletim de subscrição) and exchange contract (contrato de câmbio); and (iii) proof of the corresponding bank transfer fully paid into (integralizado) the Brazilian entity.

• For investments via a Foreign Investment Participation Fund (FIP) under Central Bank Resolution nº 4.373 of September 29, 2014 (and amendments): (i) the act designating the foreign national, (ii) proof of foreign-capital participation via the FIP subscription bulletin and exchange contract, and (iii) proof of the transfer paid into the Brazilian company.

• For post-2021 investments under the New Foreign Exchange Framework: If no exchange contract was required under Lei 14.286/2021, the petitioner must demonstrate compliance with Central Bank registration and provide documentation evidencing the foreign investment in accordance with the 2021 law and Central Bank directives (Article 2, § 1º of RN 11/2017 as amended).

## No Brazilian employment contract; CLT does not apply

Foreign nationals admitted under RN 11/2017 hold a work visa without an employment relationship (sem vínculo empregatício) in Brazil. They are not employees of the Brazilian entity under the Consolidação das Leis do Trabalho (CLT). Instead, they are designated representatives of the foreign investor with management authority over the Brazilian company. Because no Brazilian employment contract is required, the CLT's mandatory terms—minimum wage, 13th-month salary, FGTS (severance fund), vacation accrual, and notice-period protections—do not apply to the foreign executive's compensation or tenure.

However, the executive's compensation and tax treatment remain subject to Brazilian income-tax withholding (IRPF) and, depending on the corporate structure and the executive's residence status, Brazilian social-security contributions. Cross-border employers should evaluate whether the foreign executive remains on the foreign parent's payroll (creating potential permanent-establishment exposure in Brazil) or receives compensation from the Brazilian entity (triggering INSS and IRPF withholding). The tax and entity-structuring analysis is beyond the scope of the immigration authorization but is a necessary parallel workstream. Employers should consult the Brazil — Hiring & Payroll Setup guide in this vertical for PE risk, and coordinate with Brazilian tax counsel on IRPF and INSS treatment.

## Documentation and petition process

The Brazilian entity files the residence-authorization petition with the Coordenação-Geral de Imigração Laboral (CGIL) of the Ministry of Justice and Public Security via the MigranteWeb 2.0 system (https://migrante.mj.gov.br). In addition to the general procedural documents required by Resolução Normativa nº 01/2017 (RN 01/2017)—passport copy, background check, processing fee, and proof of the petitioner's legal existence in Brazil—RN 11/2017 petitions must include:

• Proof of qualifying foreign investment at one of the two thresholds (R$ 600,000 standalone or R$ 150,000 with job-creation plan), documented as described above.

• Act of designation (ato de indicação) issued by the foreign investor, naming the foreign national and delegating management powers (poderes de gestão) to represent the Brazilian entity. The designation must be signed by an authorized officer of the foreign investor, apostilled (if from a Hague Convention signatory country) or authenticated by a Brazilian consulate, and officially translated into Portuguese by a sworn translator (tradutor juramentado) in Brazil.

• Corporate documents of the Brazilian entity: updated articles of association (contrato social) or by-laws (estatuto social), CNPJ registration certificate, and—if the foreign national will hold a formal corporate title (administrator, director, etc.)—minutes of the shareholder or board meeting appointing the individual to that role.

• Job-creation plan (if using the R$ 150,000 threshold under Option B). The plan must specify the number of new Brazilian hires (minimum 10), the roles and functions, the hiring timeline (within two years of the company's operational start date), and the method for documenting compliance.

• Passport and background check of the foreign national: passport valid for at least six months, and a background-clearance certificate (atestado de antecedentes criminais) from the applicant's country of residence, issued within the last 90 days, apostilled, and translated.

• Processing fee established by RN 01/2017.

CGIL reviews the petition within 30 days (or a new 30-day period if documents are incomplete and the petitioner submits corrected materials). Once approved, MJSP issues the residence authorization and transmits it to the Brazilian consulate designated in the petition. The authorization is valid for six months from the MJSP decision date; the foreign national must apply for the visa and enter Brazil within that window.

## Visa issuance, entry, and Federal Police registration

After receiving notification that the consulate has the residence authorization on file, the applicant applies for the VITEM V visa at the consulate, presenting the passport, completed visa-application form, recent photo, and visa fee. The visa is issued for up to one year (the entry window) and allows the holder to enter Brazil and commence the authorized management activities.

The initial residence period granted under RN 11/2017 is up to two years, counted from the date of first entry into Brazil. The period is set by MJSP in the residence authorization and confirmed by the Federal Police upon registration. Within 90 days of arrival, the visa holder must register with the Polícia Federal at the jurisdiction where they will reside, presenting the passport with the VITEM V stamp, proof of address in Brazil, and other documents required by the Federal Police (including the apostilled birth certificate with sworn translation). The Federal Police issues the Carteira de Registro Nacional Migratório (CRNM), which, together with a valid passport, serves as the work-authorization document for the two-year residence period. Failure to register within 90 days subjects the foreign national to administrative penalties and possible deportation.

## Renewal and indefinite-term residence

Resolução Normativa nº 29 of June 12, 2018 (RN 29/2018) governs renewal of residence authorizations, including those granted under RN 11/2017. An executive on an initial two-year residence period under RN 11/2017 may renew by filing a new petition with MJSP (via MigranteWeb) before the current residence period expires. The renewal petition must include:

• Updated corporate documents (articles of association or by-laws, or a new act of designation from the foreign investor).

• Proof that the foreign investment remains in place (updated Central Bank registration, or confirmation that the capital has not been repatriated).

• If the initial authorization was under the R$ 150,000 + job-creation threshold, evidence of compliance with the job-creation plan (CTPS copies or e-Social records showing the new Brazilian hires).

MJSP may grant a renewal for up to an additional two years. After holding temporary residence under RN 11/2017 for a cumulative period (typically four years under the general framework in Decreto 9.199/2017, Article 157), the foreign national may apply to the Federal Police for conversion to indefinite-term residence (residência por prazo indeterminado), which eliminates the need for future renewals and removes the tie to the specific employer or investment structure, subject to maintaining legal status and complying with Brazilian tax obligations.

## Relationship to other RN 11/2017 pathways and cross-references

RN 11/2017 is sometimes colloquially called the "investor visa" or "executive visa," but it is distinct from Resolução Normativa nº 13/2017 (RN 13/2017), which governs residence authorization for individual foreign investors who personally invest in a Brazilian legal entity without necessarily taking a management role. RN 13/2017 has its own investment thresholds (R$ 500,000 for a standard business investment or R$ 150,000 for innovation/technology investments with job creation) and allows the investor to obtain residence authorization without performing executive or managerial functions. A foreign national who both invests personally and will manage the company may qualify under either RN 11/2017 (if the investment is structured as foreign-entity-to-Brazilian-entity capital and the individual is designated as an executive) or RN 13/2017 (if the individual invests in their own name). The choice affects the required documentation and, in some cases, the tax and corporate-governance structure.

Cross-border employers using RN 11/2017 should also review:

• Brazil — Hiring & Payroll Setup for permanent-establishment exposure when a foreign-parent employee (even one without a Brazilian employment contract) creates a fixed place of business in Brazil under OECD Model Tax Convention Article 5 or the applicable tax treaty.

• Brazil — Termination & Severance for the contrast: because RN 11/2017 executives have no Brazilian employment contract, they are not protected by CLT notice-period or severance rules, but their removal from the management role may trigger a new MJSP filing if a replacement executive is brought in under the same foreign investment.

• The 2/3 Brazilian-national proportionality rule in Brazilian labor law (Lei nº 5.452/1943, CLT Article 354): although RN 11/2017 executives are not employees, if the Brazilian entity employs other workers under standard VITEM V contracts, the company must ensure that at least two-thirds of its workforce and two-thirds of its payroll are comprised of Brazilian nationals. Executives under RN 11/2017 typically do not count toward the employee headcount for this rule, but MJSP and labor authorities may scrutinize workforce composition during renewals or labor inspections.

## Employer sanctions for non-compliance

Employing a foreign national in a management capacity without valid work authorization subjects the Brazilian entity to administrative fines and potential criminal liability. Article 109 of Lei nº 13.445/2017 provides for repatriation, deportation, or expulsion of foreign nationals in violation of immigration law, and the employer may face sanctions under labor and immigration regulations. The foreign executive faces deportation and a bar on re-entry. Employers should ensure that (i) the residence authorization is granted before the executive commences any management activities in Brazil, (ii) the CRNM is obtained within 90 days of entry, and (iii) renewals are filed before the current residence period expires.

Source: Resolução Normativa nº 11, de 1º de dezembro de 2017 Source: Portal de Imigração — Resolução Normativa nº 11/2017 Source: Resolução CNIG/MJSP nº 49, de 25 de junho de 2024 Source: Resolução Normativa nº 29, de 12 de junho de 2018 Source: Lei nº 13.445, de 24 de maio de 2017 Source: Decreto nº 9.199, de 20 de novembro de 2017