No green card backlog for Latin American countries means different strategy than India or China. Here's how LATAM professionals should optimize their U.S. immigration path.
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Latin American professionals have a major advantage: no employment-based green card backlog. This changes strategy fundamentally—priority date doesn't matter, so don't file weak cases just to lock in dates. Instead, focus on strongest path: EB-1A if you qualify (fastest), employer-sponsored EB-2/EB-3 if employer cooperates (viable path), or TN visa for Mexicans (immediate, no lottery). The goal is quality over speed on priority date.
No backlog = different strategy: Priority date timing doesn't matter. Focus on building the strongest case.
TN visa is powerful for Mexicans: Immediate work authorization, no lottery, indefinite renewals—often better than H-1B.
E-2 treaty investor available for many LATAM countries: Entrepreneur path with lower investment than EB-5.
EB-1A and NIW are fast: Without backlog, green card in 2-3 years through any path.
Don't rush weak applications: Unlike Indians, there's no benefit to filing early with moderate evidence.
Language and credential evaluation matters: Ensure degrees and documents are properly evaluated and translated.
No backlog = different strategy: Priority date timing doesn't matter. Focus on building the strongest case.
TN visa is powerful for Mexicans: Immediate work authorization, no lottery, indefinite renewals—often better than H-1B.
E-2 treaty investor available for many LATAM countries: Entrepreneur path with lower investment than EB-5.
EB-1A and NIW are fast: Without backlog, green card in 2-3 years through any path.
Don't rush weak applications: Unlike Indians, there's no benefit to filing early with moderate evidence.
Language and credential evaluation matters: Ensure degrees and documents are properly evaluated and translated.
Current backlog status (November 2025):
Category | Priority Date | Wait Time |
EB-1 (all LATAM) | Current | No wait |
EB-2 (all LATAM) | Current | No wait |
EB-3 (all LATAM) | Current | No wait |
What "current" means:
No backlog
File today, priority date immediately available
Total timeline = processing time only (not processing + backlog)
Comparison:
Brazil/Mexico EB-2: 2-3 years total
India EB-2: 15-20 years total
Difference: 12-17 years faster
For Indians/Chinese:
File early to lock in priority date
Even weak cases worth filing (priority date value)
Every year of delay = another year of waiting
For LATAM professionals:
File when ready, not early
Build strong case first
No penalty for waiting to strengthen application
Quality over speed
Strategic implication: Don't waste $15,000 on weak EB-1A that gets denied. Wait until evidence is strong, then file once.
What is TN visa?
Under USMCA (formerly NAFTA), Mexican and Canadian professionals can work in the U.S. in certain occupations.
Key advantages:
No lottery (unlike H-1B)
No annual cap
Apply at border or consulate
Decision in days (not months)
Renewable indefinitely
Eligible professions (partial list):
Engineers (all types)
Accountants
Scientists
Computer systems analysts
Management consultants
Architects
Lawyers (advising on Mexican/international law)
Physicians (teaching/research only)
Many more (60+ categories)
Requirements:
Mexican or Canadian citizenship
Job offer from U.S. employer
Position in eligible profession
Required degree or credentials
TN vs H-1B comparison:
Factor | TN | H-1B |
Lottery | No | Yes (25% selection) |
Processing | Days | Months |
Annual cap | None | 85,000 |
Duration | 3 years, renewable indefinitely | 3 years, max 6 |
Dual intent | Officially no, but... | Yes |
Green card path | Indirect | Direct |
The challenge: TN is officially "non-immigrant" visa (no dual intent).
The solution: Intent can change over time.
Strategy 1: TN → H-1B → Green Card
Work on TN for 1-2 years
Employer sponsors H-1B (no lottery for transfers)
File green card from H-1B
Strategy 2: TN → Employer Green Card (Direct)
Work on TN
Employer files PERM and I-140
Timing is critical—don't file I-485 too early
Some risk but commonly done
Strategy 3: TN → EB-1A/NIW (Self-Petition)
Build evidence while on TN
File self-petition (EB-1A or NIW)
Self-petition shows intent developed over time
Adjust status once approved
Key principle: Don't apply for green card immediately after getting TN. Let time pass, let circumstances "change."
Countries with E-2 treaties (LATAM):
Mexico
Argentina
Colombia
Chile
Costa Rica
Ecuador
Honduras
Panama
Paraguay
Many others
Countries WITHOUT E-2 treaties:
Brazil
Venezuela
Peru
Uruguay
E-2 requirements:
Citizen of treaty country
Invest "substantial" amount in U.S. business
Investment at risk (not just in bank)
Business must be real and active
You must direct/develop the business
Investment amounts (typical):
Small business: $100,000-$150,000
Tech startup: $150,000-$300,000
Larger operations: $300,000+
No official minimum (must be "substantial")
E-2 advantages:
Quick processing (weeks)
Spouse can work (E-2S with EAD)
Renewable indefinitely
Path to build business, then transition to green card
E-2 limitations:
No direct path to green card
Must maintain investment
Country-specific (Brazilians can't use this)
Brazil has no E-2 treaty, so:
Best paths for Brazilians:
1. H-1B (lottery dependent)
Traditional path
25% selection rate
If selected, straightforward to green card
2. O-1 (extraordinary ability)
No lottery
Build evidence from Brazilian + U.S. achievements
Fast processing
3. L-1 (intracompany transfer)
If working for company with Brazilian and U.S. offices
Transfer to U.S. office
Path to green card
4. EB-1A / NIW (self-petition)
Build evidence
File directly for green card
No employer needed
5. EB-5 (investment)
$800,000-$1,050,000 investment
Direct green card path
Higher capital requirement than E-2
Your achievements in Latin America count:
Publications:
Academic papers in Brazilian/Mexican journals count
Conference presentations in LATAM count
Industry publications in Spanish/Portuguese count
Awards:
National awards in home country count
Industry recognition in LATAM markets counts
Academic honors count
Press coverage:
Articles in major LATAM media count
Must be translated and publication reach documented
Credential evaluation:
All foreign degrees need evaluation
Use NACES-member evaluators
Ensure proper U.S. equivalency determination
Degree evaluation:
Required for all visa/green card applications
Evaluates foreign degree to U.S. equivalent
Cost: $200-$500
Time: 2-4 weeks
Use NACES or AICE member organizations
Document translation:
All non-English documents must be translated
Certified translation required
Cost: $50-$200 per document
Keep originals and translations
Common issues:
Three-year bachelor's degrees may need additional evaluation
Professional degrees (Brazilian law, etc.) may not have direct U.S. equivalent
Technical certifications may need separate evaluation
Path | Timeline | Best For |
TN (Mexico) | Weeks | Mexican professionals in eligible fields |
E-2 (treaty countries) | 2-4 months | Entrepreneurs with capital |
H-1B | 6-7 months (if selected) | General professionals |
O-1 | 1-2 months | High achievers |
EB-1A | 2-3 years | Extraordinary ability |
EB-2 NIW | 2-3 years | National interest work |
Employer EB-2 | 2-4 years | Employer willing to sponsor |
Country-Specific Path Analysis: Based on your citizenship (Mexico, Brazil, Colombia, etc.), OpenSphere shows which options are available.
TN Eligibility Check: For Mexicans, OpenSphere evaluates whether your profession qualifies for TN.
E-2 Treaty Check: OpenSphere confirms whether your country has E-2 treaty and estimates investment requirements.
Evidence Evaluation: OpenSphere assesses your LATAM achievements for O-1/EB-1A eligibility.
Country | TN | E-2 | Green Card Backlog |
Mexico | Yes | Yes | None |
Brazil | No | No | None |
Argentina | No | Yes | None |
Colombia | No | Yes | None |
Chile | No | Yes | None |
Venezuela | No | No | None |
Peru | No | No | None |
Are you a LATAM professional planning U.S. immigration? Want to know which paths are available based on your country?
Take the OpenSphere evaluation. You'll get country-specific strategy and timeline.
Current backlog status (November 2025):
Category | Priority Date | Wait Time |
EB-1 (all LATAM) | Current | No wait |
EB-2 (all LATAM) | Current | No wait |
EB-3 (all LATAM) | Current | No wait |
What "current" means:
No backlog
File today, priority date immediately available
Total timeline = processing time only (not processing + backlog)
Comparison:
Brazil/Mexico EB-2: 2-3 years total
India EB-2: 15-20 years total
Difference: 12-17 years faster
For Indians/Chinese:
File early to lock in priority date
Even weak cases worth filing (priority date value)
Every year of delay = another year of waiting
For LATAM professionals:
File when ready, not early
Build strong case first
No penalty for waiting to strengthen application
Quality over speed
Strategic implication: Don't waste $15,000 on weak EB-1A that gets denied. Wait until evidence is strong, then file once.
What is TN visa?
Under USMCA (formerly NAFTA), Mexican and Canadian professionals can work in the U.S. in certain occupations.
Key advantages:
No lottery (unlike H-1B)
No annual cap
Apply at border or consulate
Decision in days (not months)
Renewable indefinitely
Eligible professions (partial list):
Engineers (all types)
Accountants
Scientists
Computer systems analysts
Management consultants
Architects
Lawyers (advising on Mexican/international law)
Physicians (teaching/research only)
Many more (60+ categories)
Requirements:
Mexican or Canadian citizenship
Job offer from U.S. employer
Position in eligible profession
Required degree or credentials
TN vs H-1B comparison:
Factor | TN | H-1B |
Lottery | No | Yes (25% selection) |
Processing | Days | Months |
Annual cap | None | 85,000 |
Duration | 3 years, renewable indefinitely | 3 years, max 6 |
Dual intent | Officially no, but... | Yes |
Green card path | Indirect | Direct |
The challenge: TN is officially "non-immigrant" visa (no dual intent).
The solution: Intent can change over time.
Strategy 1: TN → H-1B → Green Card
Work on TN for 1-2 years
Employer sponsors H-1B (no lottery for transfers)
File green card from H-1B
Strategy 2: TN → Employer Green Card (Direct)
Work on TN
Employer files PERM and I-140
Timing is critical—don't file I-485 too early
Some risk but commonly done
Strategy 3: TN → EB-1A/NIW (Self-Petition)
Build evidence while on TN
File self-petition (EB-1A or NIW)
Self-petition shows intent developed over time
Adjust status once approved
Key principle: Don't apply for green card immediately after getting TN. Let time pass, let circumstances "change."
Countries with E-2 treaties (LATAM):
Mexico
Argentina
Colombia
Chile
Costa Rica
Ecuador
Honduras
Panama
Paraguay
Many others
Countries WITHOUT E-2 treaties:
Brazil
Venezuela
Peru
Uruguay
E-2 requirements:
Citizen of treaty country
Invest "substantial" amount in U.S. business
Investment at risk (not just in bank)
Business must be real and active
You must direct/develop the business
Investment amounts (typical):
Small business: $100,000-$150,000
Tech startup: $150,000-$300,000
Larger operations: $300,000+
No official minimum (must be "substantial")
E-2 advantages:
Quick processing (weeks)
Spouse can work (E-2S with EAD)
Renewable indefinitely
Path to build business, then transition to green card
E-2 limitations:
No direct path to green card
Must maintain investment
Country-specific (Brazilians can't use this)
Brazil has no E-2 treaty, so:
Best paths for Brazilians:
1. H-1B (lottery dependent)
Traditional path
25% selection rate
If selected, straightforward to green card
2. O-1 (extraordinary ability)
No lottery
Build evidence from Brazilian + U.S. achievements
Fast processing
3. L-1 (intracompany transfer)
If working for company with Brazilian and U.S. offices
Transfer to U.S. office
Path to green card
4. EB-1A / NIW (self-petition)
Build evidence
File directly for green card
No employer needed
5. EB-5 (investment)
$800,000-$1,050,000 investment
Direct green card path
Higher capital requirement than E-2
Your achievements in Latin America count:
Publications:
Academic papers in Brazilian/Mexican journals count
Conference presentations in LATAM count
Industry publications in Spanish/Portuguese count
Awards:
National awards in home country count
Industry recognition in LATAM markets counts
Academic honors count
Press coverage:
Articles in major LATAM media count
Must be translated and publication reach documented
Credential evaluation:
All foreign degrees need evaluation
Use NACES-member evaluators
Ensure proper U.S. equivalency determination
Degree evaluation:
Required for all visa/green card applications
Evaluates foreign degree to U.S. equivalent
Cost: $200-$500
Time: 2-4 weeks
Use NACES or AICE member organizations
Document translation:
All non-English documents must be translated
Certified translation required
Cost: $50-$200 per document
Keep originals and translations
Common issues:
Three-year bachelor's degrees may need additional evaluation
Professional degrees (Brazilian law, etc.) may not have direct U.S. equivalent
Technical certifications may need separate evaluation
Path | Timeline | Best For |
TN (Mexico) | Weeks | Mexican professionals in eligible fields |
E-2 (treaty countries) | 2-4 months | Entrepreneurs with capital |
H-1B | 6-7 months (if selected) | General professionals |
O-1 | 1-2 months | High achievers |
EB-1A | 2-3 years | Extraordinary ability |
EB-2 NIW | 2-3 years | National interest work |
Employer EB-2 | 2-4 years | Employer willing to sponsor |
Country-Specific Path Analysis: Based on your citizenship (Mexico, Brazil, Colombia, etc.), OpenSphere shows which options are available.
TN Eligibility Check: For Mexicans, OpenSphere evaluates whether your profession qualifies for TN.
E-2 Treaty Check: OpenSphere confirms whether your country has E-2 treaty and estimates investment requirements.
Evidence Evaluation: OpenSphere assesses your LATAM achievements for O-1/EB-1A eligibility.
Country | TN | E-2 | Green Card Backlog |
Mexico | Yes | Yes | None |
Brazil | No | No | None |
Argentina | No | Yes | None |
Colombia | No | Yes | None |
Chile | No | Yes | None |
Venezuela | No | No | None |
Peru | No | No | None |
Are you a LATAM professional planning U.S. immigration? Want to know which paths are available based on your country?
Take the OpenSphere evaluation. You'll get country-specific strategy and timeline.
1. Is TN really better than H-1B for Mexicans?
For eligible professions, often yes. No lottery, faster processing, indefinite renewals.
2. Can I get a green card on TN visa?
Yes, but strategy matters. Don't file immediately—let intent "develop" over time.
3. Why doesn't Brazil have E-2 treaty?
Historical treaty negotiations. Brazil and U.S. never completed E-2 treaty.
4. Do my Brazilian/Mexican publications count for EB-1A?
Yes. All legitimate publications count regardless of country. Translate and document.
5. Is the investment amount for E-2 negotiable?
There's no fixed minimum, but it must be "substantial" for your business type. $100K+ is typical.
6. Can I use TN indefinitely?
Yes, renewable indefinitely. But for long-term, green card provides more security.
7. Do I need to translate all my documents?
All non-English documents submitted to USCIS must have certified translations.
8. Is there any backlog for LATAM countries?
No employment-based backlog for any Latin American country.
9. Should I file weak EB-1A early like Indians do?
No. Without backlog, there's no benefit. Build strong case, file once.
10. Can my spouse work on E-2?
Yes. E-2 spouse (E-2S) can apply for work authorization (EAD).
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