Quick Answer
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.
Key Takeaways
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.
Key Takeaways
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.
Table of Content
Understanding the LATAM Advantage
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
How This Changes Strategy
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.
TN Visa: The Mexican Professional's Advantage
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 |
TN to Green Card Strategy
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."
E-2 Treaty Investor: LATAM Entrepreneur Path
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)
Brazilian-Specific Strategy
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
Evidence from LATAM Careers
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
Credential and Language Considerations
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
Timeline Comparison: LATAM Paths
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 |
How OpenSphere Helps LATAM Professionals
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.
Comparison Table: LATAM Country Options
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.
Understanding the LATAM Advantage
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
How This Changes Strategy
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.
TN Visa: The Mexican Professional's Advantage
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 |
TN to Green Card Strategy
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."
E-2 Treaty Investor: LATAM Entrepreneur Path
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)
Brazilian-Specific Strategy
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
Evidence from LATAM Careers
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
Credential and Language Considerations
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
Timeline Comparison: LATAM Paths
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 |
How OpenSphere Helps LATAM Professionals
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.
Comparison Table: LATAM Country Options
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).
Table of Contents
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