Policy Updates

The order's emphasis on interdicting criminal actors may lead to broader interpretations of 'public safety threats' for Venezuelan applicants. The difficulty in verifying records from Venezuela may lead to increased scrutiny or delays in EB-1A approvals as DHS seeks to fulfill the order's mandate.

Venezuelan nationals seeking to expedite their EB-1A petitions will be subject to the new, higher fee structure. This change is uniform across all countries in the 'Rest of World' category.

Given the significant number of Venezuelan athletes in the U.S., particularly in Major League Baseball, this guidance provides a vital roadmap for securing permanent status amidst the ongoing humanitarian and political situation in their home country.

Section 3(d) continues the suspension of immigrant entry for nationals of Venezuela due to inadequate screening and vetting protocols. This prevents EB-1A applicants from completing their immigration process and entering the United States as lawful permanent residents.

Venezuelan applicants will face more intensive screening of their professional history and the validity of their extraordinary ability claims under the new USCIS vetting guidelines.

Venezuelan applicants will be impacted by the FY 2026 fee increase for Form I-140. This represents an additional financial hurdle for applicants already navigating complex economic conditions.

Venezuelan applicants for the EB-1A visa will see a change in filing fees due to the court order. The stay on the 2024 fee rule affects the Asylum Program Fee, which is required for Form I-140, the primary petition for extraordinary ability status.

Venezuelan EB-1A applicants often struggle with domestic currency controls and limited access to international credit. A mandatory electronic payment system may increase reliance on overseas accounts or sponsors to complete the filing process.

Due to the difficulty of verifying documents from Venezuela, the involvement of special agents may lead to increased scrutiny or denials if documentation cannot be independently confirmed. This adds significant risk to EB-1A petitions from this region.

Given the volatility of physical mail and financial services in Venezuela, electronic funds provide a more stable and efficient way to ensure filing fees reach USCIS.

Venezuelan applicants must be diligent in providing verifiable proof of their achievements despite potential difficulties in obtaining official records. USCIS will not overlook misrepresentation, regardless of the applicant's home country circumstances.

Applicants from Venezuela may face higher scrutiny regarding their ideological stance toward the U.S. government. Adjudicators may look for evidence of alignment with anti-U.S. rhetoric common in Venezuelan state discourse during the EB-1A review process.

For Venezuelan nationals, this policy provides a more reliable path to ensuring children can immigrate with their parents. It uses the more favorable 'Dates for Filing' chart to calculate the child's age for CSPA purposes.

Venezuelan athletes, particularly in baseball and other professional sports, must ensure their EB-1A petitions reflect the new USCIS guidance on gender-specific competitions. This change affects how 'major awards' and 'membership in associations' are evaluated for athletes.

Venezuelan professionals will see a rise in the cost of filing for EB-1A status. The impact is a routine administrative cost adjustment for high-skilled immigration from Venezuela.

Given the complexities of obtaining documentation from Venezuela, this guidance ensures that if USCIS finds derogatory information, the applicant is notified. This allows the petitioner to provide context or alternative documentation to address the agency's concerns.

Venezuelan applicants will no longer need to monitor the two-year expiration of their Form I-693. This policy change provides stability and reduces the financial burden of potential repeat medical exams during the green card process.

For Venezuelan nationals, who may face challenges in obtaining historical medical records, this waiver removes the specific burden of proving COVID-19 vaccination, streamlining their path to permanent residency.

Venezuelan nationals seeking EB-1A status must update their filing procedures. This administrative change does not impact the underlying eligibility or the current availability of visas for Venezuela.

Venezuelan nationals with pending EB-1A adjustments will see a slight delay if their appointments coincide with the closure. This is a standard administrative action with no country-specific policy changes.

Visa Bulletin Advancement: EB-1 Rest of World (2023-10)

The Department of State advanced the EB-1 Final Action Date for Rest of World chargeability to Current in the 2023-10 bulletin. Applicants in this category can now file or have their cases adjudicated without priority date restrictions.