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2026 guide

Working in elder care in the United States from Brazil: 2026 legal guide

From Brazil, the main legal route to work as a caregiver is the EB-3 Other Workers immigrant visa, with a sponsoring employer and years of waiting. A tourist visa does not allow you to work.

  • Official sources
  • Last verified Oct 22, 2026
  • Independent site, not a government agency
A Brazilian caregiver shares coffee and a laugh with an elderly woman in a cozy living room

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By Luis Fernando Garcia. Official sources verified Oct 22, 2026.

Is it possible to legally go to the U.S. from Brazil to care for the elderly?

Legal routes exist, but none is fast or guaranteed: EB-3 Other Workers with an employer, EB-3 Schedule A for nurses, and family petitions. Offers of a "caregiver job with visa included" for an upfront fee are the typical sign of a scam.

Between January 21 and August 21, 2026, the Department of State paused immigrant visa issuance for nationals of 75 countries, including Brazil. Since August 21, 2026, by court order, that pause is no longer in effect.

EB-3 Other Workers (with PERM)

The employer obtains PERM certification from DOL, files Form I-140 with USCIS and, when your priority date is current, you attend the immigrant visa interview. Brazil falls under the "rest of world" column of the Visa Bulletin.

Visa Bulletin, October 2026 (rest of world)
CategoryFinal action date
EB-3 Other WorkersJanuary 1, 2022
EB-3 Other Workers, dates for filingJune 1, 2022
EB-3 Professionals and skilled workers (includes nurses)May 15, 2024

More details in EB-3 visa for caregivers.

Nurses: EB-3 Schedule A

Professional nurses are in Group I of Schedule A (20 CFR 656.5). The applicable date is the Professionals and skilled workers one: May 15, 2024. See nurses EB-3 Schedule A.

What about the H-2B visa?

H-2B is for temporary non agricultural work: the employer must prove a temporary need. Ongoing home elder care is normally not temporary, so it is rarely used for caregivers. USCIS states that since January 17, 2025 it no longer requires the worker to be from a country on the eligible countries list, and it prohibits charging fees to the worker.

Family petitions

October 2026 dates (rest of world): F1 January 22, 2020, F2A September 22, 2026, F3 October 22, 2014, F4 October 22, 2011.

Embassy and consulates

Visas for residents of Brazil are handled by the U.S. Embassy and Consulates in Brazil. Appointment wait times are in the official tool.

Documents and apostille

Brazil is party to the Hague Apostille Convention (accession December 2, 2015, in force since August 14, 2016, per HCCH). Certificates and diplomas are apostilled by the authority designated by the Brazilian government, listed on Brazil's HCCH page. For immigrant visas, follow the NVC instructions for your case.

Scams

  • They charge for the job, for PERM or to "reserve" a spot.
  • They promise a guaranteed visa or faster times than the Visa Bulletin.
  • They suggest entering as a tourist and "fixing it later".

Read how to spot recruitment fraud.

Training after you arrive (CNA and HHA)

With U.S. work authorization, the most common path is CNA or HHA certification. The federal rule requires at least 75 hours and each state may require more. See CNA certification.

Common cases

Answers to real situations, with official sources. Not legal advice.

I am retired in Brazil: can I go on a tourist visa to care for elderly people if my pension supports me?

No. The tourist visa (B-2) is for tourism or visiting family and friends; the Department of State lists employment among prohibited activities and says you cannot accept employment or work in the U.S. on a B1/B2 visa. Caring for an unrelated elderly person in exchange for room, board or informal pay is work. Overstaying automatically voids the visa (INA 222(g)) and can block future visas; misrepresenting the purpose of the trip can lead to a permanent refusal. A pension helps show ties and funds but does not authorize work. The legal route is an employer sponsoring you through EB-3.

I am a nurse or nursing technician: what are my options?

Professional nurses are on DOL Schedule A (20 CFR 656.5), which skips the PERM market test, but they still need the petition, a state license and a current Visa Bulletin date. Without a nursing degree the category would be EB-3 Other Workers.

I have family in the United States: can they petition for me?

It depends on the relationship. A U.S. citizen can petition for a spouse, children, parents and siblings; a permanent resident for a spouse and unmarried children (USCIS). Capped categories have waits: in October 2026, for Brazil (rest of world), siblings of citizens (F4) are at October 22, 2011.

A recruiter wants to charge me for a caregiver job: is that normal?

No. In EB-3 the employer pays for PERM and 20 CFR 656.12 bars charging the worker. In H-2B, USCIS denies or revokes the petition if prohibited fees are charged. No one can guarantee a visa. Report it to the FTC and USCIS.

I am young with no experience: can I go care for elderly people?

EB-3 Other Workers is for jobs that require less than 2 years of training or experience (USCIS), but you need a sponsoring employer and to wait for the Visa Bulletin (final action date: January 1, 2022).

Sources

  1. Visa Bulletin, October 2026: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2027/visa-bulletin-for-october-2026.htmlOfficial
  2. USCIS, EB-3: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3Official
  3. DOL, PERM labor certification: https://www.dol.gov/agencies/eta/foreign-labor/programs/permanentOfficial
  4. 20 CFR 656.12: https://www.ecfr.gov/current/title-20/chapter-V/part-656/subpart-C/section-656.12Official
  5. 20 CFR 656.5 (Schedule A): https://www.ecfr.gov/current/title-20/chapter-V/part-656/subpart-A/section-656.5Official
  6. USCIS, H-2B: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2b-temporary-non-agricultural-workersOfficial
  7. USCIS, family: https://www.uscis.gov/familyOfficial
  8. Department of State, Visitor visa: https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.htmlOfficial
  9. Immigrant visa processing update (travel.state.gov): https://travel.state.gov/content/travel/en/News/visas-news/immigrant-visa-processing-updates-for-nationalities-at-high-risk-of-public-benefits-usage.htmlOfficial
  10. U.S. Embassy and Consulates in Brazil: https://br.usembassy.gov/Official
  11. Global visa wait times (travel.state.gov): https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/global-visa-wait-times.htmlOfficial
  12. HCCH, Apostille Convention status: https://www.hcch.net/en/instruments/conventions/status-table/?cid=41Official
  13. USCIS, avoid scams: https://www.uscis.gov/avoid-scamsOfficial
  14. FTC, report fraud: https://reportfraud.ftc.gov/Official

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