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Temporary work visas will be granted to foreigners who come to Brazil to work for a Brazilian companyin the capacity of employees, i.e., with an employment relationship, but without representation powersof the company. This visa will be granted for a maximum period of 2 years and may be extended foran equal period. After 4 years, the temporary visa may be transformed into a permanent visa, providedthat certain legal requirements are met.In accordance with Normative Resolution 80/1988, of the National Immigration Council (ConselhoNacional de Imigração), to apply for a temporary visa, the foreigner shall evidence professionalqualification and experience compatible with the activity he or she will be performing, by presentingdiplomas, certificates or declarations from entities in which the employee performed his or heractivities, evidencing the satisfaction of one of the following requirements:(a) 1 year experience in the practice of a high level profession, counted from the completion of the firstacademic degree that qualified the professional for this practice, or(b) 2 years experience in the practice of a mid level profession, with minimum schooling of 9 years; or(c) conclusion of graduate studies, with a minimum of 360 hours, or completion of a master's or higherdegree course that is compatible with the activity that the professional will be performing.Until 31 December 2012 the requirements set out in items (a) to (c) above shall not apply toapplications for work permits for nationals of countries of South America.As determined by labor legislation, the Brazilian company shall justify the use of foreign labor andobserve the required proportion of 2/3 of Brazilian employees both in relation to the total staff and thecorresponding payroll. This rule suffers criticism on the part of some legal scholars, who consider itunconstitutional due to violating the isonomy principle.The temporary visa will also be granted to foreigners who come to Brazil to render services to aBrazilian company, without an employment relationship, through a service contract or technicalcooperation contract between companies of the same group. In this case, the validity term of the visais one year, which may be extended for an equal period, provided that the need is evidenced. Itstransformation into a permanent visa is forbidden.20.3. Permanent Work VisaThe permanent work visa will be granted to the employee of a foreign company who is to betransferred to a company of the same Group, based in Brazil, to hold the position of officer or106

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