How to Choose a Lawyer for a Brazilian Work Visa

The Short Answer

A Brazilian work visa requires employer sponsorship, approval from MJSP (Ministério da Justiça e Segurança Pública), and a CLT-compliant employment contract. The process takes 30–90 days and involves coordination between your employer’s HR department, their legal team, and the immigration authorities. Your lawyer needs to manage both the immigration petition and the labor law compliance — because the visa and the employment contract are inseparable.

How the Work Visa Process Actually Works

Unlike the US H-1B lottery system, Brazil’s work visa doesn’t have a cap or random selection. If the employer can demonstrate a genuine need for a foreign worker and the position meets certain criteria, the visa is generally approved. But “generally” doesn’t mean “automatically.”

The Two Main Categories

Technical/Professional Visa (with employment contract): For foreigners hired by a Brazilian company under a CLT (Consolidação das Leis do Trabalho) employment contract. The employer petitions MJSP, and the visa is tied to that specific employer. Changing employers means a new visa process.

Intra-Company Transfer: For employees of multinational companies being transferred to a Brazilian subsidiary or affiliate. This requires proof of the corporate relationship between the foreign and Brazilian entities, and the employee must have worked for the foreign entity for at least 1 year.

There are other categories — technical assistance visas for short-term projects, maritime crew visas, artist/athlete visas — but the two above cover 90% of work visa cases.

The Step-by-Step Timeline

1. Employment contract drafting (1–2 weeks) — Must comply with CLT requirements including minimum salary thresholds, benefits (FGTS, 13th salary, vacation), and the specific position description that matches the visa petition.

2. Documentation gathering (2–4 weeks) — Apostilled diplomas, criminal background checks, professional certifications, corporate documents proving the employer’s legitimacy. See our apostille guide.

3. MJSP petition filing (processing: 15–45 days) — The employer files the petition online through the immigration system. MJSP reviews the company’s justification for hiring a foreigner, the contract terms, and whether a Brazilian worker could fill the position.

4. Visa issuance at Brazilian consulate (1–2 weeks) — After MJSP approval, the worker collects the visa at a Brazilian consulate abroad.

5. CRNM registration at Polícia Federal (within 90 days of arrival) — Once in Brazil, the worker registers with the Federal Police to obtain the CRNM (identity card for foreign residents).

Total realistic timeline: 60–90 days from start to arrival in Brazil. Rush cases can sometimes be done in 30–45 days, but that requires everything to go perfectly.

“A work visa is not purely an immigration matter — it is also a labor law matter. The employment contract must satisfy both MJSP requirements to get the visa approved and CLT requirements to be legally valid in Brazil. Most lawyers only handle one side.” — Zachariah Zagol, Founding Partner, OAB/SP 351.356

What Makes a Good Work Visa Lawyer

They Understand Both Immigration AND Labor Law

This is the critical distinction. A work visa isn’t purely an immigration matter — it’s also a labor law matter. The employment contract must satisfy both MJSP requirements (to get the visa approved) and CLT requirements (to be legally valid in Brazil).

Common issues where the two intersect:

• Salary thresholds. MJSP has informal minimum salary expectations for work visas. If the salary is too low, MJSP may question whether the position genuinely requires a foreign specialist.
• Position description. The job description in the visa petition must match the employment contract, which must match the company’s organizational chart. Inconsistencies trigger requests for clarification.
• Benefits. Brazilian labor law mandates certain benefits (FGTS, INSS contributions, 13th salary, paid vacation). These must appear in the contract, and the employer’s costs are significantly higher than the gross salary — typically 70–100% above the stated salary when all charges are included.

They Work With Both Sides

A work visa requires action from both the employer and the employee. Your lawyer needs to coordinate:

From the employer: Corporate documents (CNPJ, contrato social, proof of economic activity), justification letter explaining why a foreigner is needed, proof of financial capacity to maintain the position.

From the employee: Apostilled diplomas and professional certifications, criminal background check from every country where you’ve lived in the past 5 years, passport, CV, and sometimes professional reference letters.

If the lawyer only talks to you (the employee) and expects you to extract documents from your employer, or vice versa, the process will drag.

They Prepare for the “Brazilian Worker” Question

MJSP wants to know why a Brazilian can’t do the job. This isn’t a hard barrier — Brazil doesn’t require formal labor market tests like the US PERM process — but the employer must provide a reasonable justification. Common accepted reasons:

• Specialized technical knowledge not available in Brazil
• Intra-company transfer requiring institutional knowledge
• Language skills combined with technical expertise
• Specific professional certifications or experience

A good lawyer helps the employer frame this justification in a way that’s honest and compelling. A bad one either ignores it or provides a generic template.

Questions to Ask Before Hiring

”Do you represent the employer, the employee, or both?”

In many work visa cases, the employer’s legal team handles the petition, and the employee may or may not have separate representation. If you’re the employee and the employer is providing the lawyer, understand that the lawyer’s primary duty is to the employer. There’s rarely a conflict of interest, but in situations involving contract negotiations, severance terms, or post-employment visa issues, you may want independent counsel.

”What happens if I get fired?”

Your work visa is tied to your employer. If the employment relationship ends — whether by termination, resignation, or mutual agreement — your visa basis disappears. You have a limited window (typically 30 days) to either find a new employer willing to sponsor a new visa, change to a different visa category, or leave Brazil. Your lawyer should explain this clearly before you relocate your life.

”How do you handle salary and benefits negotiations?”

A lawyer experienced in expat employment can help you understand the true cost to the employer (and the true value to you) of a Brazilian compensation package. The gap between gross salary and total employer cost is much larger than most foreigners expect. Understanding FGTS, INSS, 13th salary, and meal/transportation vouchers is essential for negotiating a fair package.

”What about my spouse and children?”

Dependents can accompany you on a dependent visa (reunião familiar). The process is straightforward but requires additional documentation — marriage certificate, children’s birth certificates, all apostilled and translated. See our guide on family reunion visas.

”What’s the path from work visa to permanent residency?”

After 2 years on a temporary work visa, you may be eligible for permanent residency — but this requires the employer’s continued sponsorship and cooperation. Your lawyer should map out this timeline from the beginning. See 5 things your lawyer should tell you about PR.

Red Flags

• They don’t mention CLT compliance. If the lawyer only talks about the visa and never mentions the employment contract’s labor law requirements, they’re an immigration specialist without the labor law background this process demands.
• They promise approval in 2 weeks. Standard MJSP processing is 15–45 days. Faster is possible but not reliable. Anyone guaranteeing a specific timeline is selling you something.
• They don’t ask about your qualifications. The visa petition must demonstrate you have skills that justify foreign hiring. If your lawyer doesn’t ask about your education, certifications, and experience in detail, they’re filing a generic petition.
• They’re not OAB-registered. This sounds obvious, but many “immigration consultancies” targeting expats are not run by licensed lawyers. See red flags in immigration consultancies.
• They don’t discuss what happens if you change employers. A work visa is employer-specific. Your lawyer should proactively explain the implications of job changes on your immigration status.

Work Visa vs. Other Options

Before committing to a work visa, make sure it’s the right category:

• Work visa vs. digital nomad visa — If you work remotely for a foreign employer and don’t need Brazilian employment, the digital nomad visa may be simpler.
• Applying inside vs. outside Brazil — Strategic considerations for where to file.
• Brazil visa and permanent residency paths — The full menu of options.

Typical Costs

Legal fees: R$8,000–R$20,000 for the complete work visa process (employer-side petition + employee-side documentation + Polícia Federal registration). Complex cases or intra-company transfers with corporate documentation requirements are at the higher end.

Government fees: MJSP filing fee (approximately R$400), consular visa fee (varies by nationality — US citizens pay US$290 due to reciprocity), Polícia Federal CRNM registration (approximately R$200).

Document preparation: Apostille costs ($5–$50 per document in the US), sworn translation in Brazil (R$200–R$600 per document), notarization fees.

Total realistic budget: R$12,000–R$30,000 all-in, depending on complexity and how many documents need authentication.

Frequently Asked Questions

Can I start working before the visa is issued?

No. You must have the work visa stamped in your passport before entering Brazil for employment. Working on a tourist visa or visa waiver is illegal under Lei 13.445/2017 Art. 109 and can result in deportation and a ban on re-entry. The only exception is if you already hold a different type of residency that permits employment.

What if my employer doesn’t have a legal team?

Smaller Brazilian companies often don’t have in-house legal counsel. In that case, your lawyer may need to represent the employer in the petition process (with the employer’s authorization) or work closely with the employer’s accountant, who handles their corporate filings. This is common and workable, but it adds coordination overhead.

Can I switch to an investor visa later?

Yes. If you decide to leave employment and start your own business, you can apply to change your residency basis to an investor visa. This requires the minimum R$500,000 investment and a new application, but having existing residency in Brazil simplifies some aspects of the process.

What happens during the visa renewal period?

Your temporary work visa is typically valid for 2 years. Renewal must be requested before expiration. During the renewal processing period, you can continue working as long as your application was filed on time. Keep the protocol number as proof of pending renewal.

Does my employer need to prove they tried to hire a Brazilian first?

Brazil doesn’t require a formal labor market test like US PERM certification. However, the employer must justify why a foreign worker is necessary. This is a narrative justification, not a documented recruitment process. That said, MJSP may push back if the position seems like one easily filled domestically.

What salary should I expect?

This varies enormously by industry and position. For reference: the minimum salary for a work visa is not formally codified, but MJSP tends to scrutinize applications where the salary is below approximately R$5,000–R$8,000/month for professional positions. Senior technical roles and management transfers typically involve salaries of R$15,000–R$40,000+/month. Remember that Brazilian compensation includes mandatory benefits worth 30–40% of the gross salary.

“The cheapest lawyer is not the one who quotes the lowest fee — it is the one who gets the visa approved on the first attempt, without the delays that cost you weeks and your employer weeks of unfilled productivity.” — Zachariah Zagol, Founding Partner, OAB/SP 351.356

The Bottom Line

A work visa is a two-party process — your employer and the government both need to be satisfied. Your lawyer needs to manage both relationships and ensure the employment contract, the visa petition, and the reality of the position all tell the same coherent story. The cheapest lawyer isn’t the one who quotes the lowest fee — it’s the one who gets the visa approved on the first attempt without delays that cost you weeks of waiting and your employer weeks of unfilled productivity.