Policy Updates

Brazilian researchers and professors will need to budget for higher costs when seeking 15-day adjudication. Since EB-1 is generally current for Brazil, the impact is limited to the increased cost of the optional expedited service.

The policy change means Brazilian applicants must provide more robust documentation to satisfy the enhanced vetting requirements. This is expected to slightly increase the time from filing to approval.

Brazil has seen a rise in EB-1 applications; however, they remain in the 'Rest of World' category for visa availability. The fee hike represents a standard inflationary adjustment for these applicants.

The partial stay on the DHS 2024 Fee Rule means that Brazilian applicants and their sponsors must verify the correct Asylum Program Fee and base filing fee for I-140 petitions. This administrative change affects the budgeting for high-skilled immigration from Brazil.

Brazilian applicants will see a more predictable timeline for receiving filing notices as USCIS moves away from manual check processing. This aligns with broader efforts to digitize the immigration workflow for high-skilled researchers.

The modernization of USCIS payment systems allows Brazilian researchers to process filing fees more reliably. This procedural update does not change the underlying eligibility or processing times for the EB-1B category.

Brazilian applicants, who frequently transition from O-1 status, must ensure that their 'outstanding' claims are backed by authentic, third-party evidence. This policy ensures that only those with genuine, verifiable credentials benefit from the EB-1B category's expedited path.

Brazilian EB-1B applicants will be subject to the same new ideological standards as other 'Rest of World' countries. While not specifically targeted, the subjective nature of the policy could lead to unexpected RFEs.

Brazilian EB-1B applicants typically do not face long wait times, but the use of the 'Dates for Filing' chart provides a buffer against processing delays. This ensures that children remain eligible even if the 'Final Action Date' fluctuates during the application process.

Brazilian nationals seeking EB-1B status will encounter higher filing fees for Form I-140. As there is currently no backlog for Brazil in this category, the impact is purely financial and administrative.

This USCIS guidance standardizes how derogatory information is shared with Brazilian petitioners, ensuring they can provide context or evidence to counter negative findings. This reduces the risk of arbitrary denials for high-skilled applicants from Brazil.

Brazilian applicants typically have current priority dates in the EB-1 category, but this policy ensures that any unforeseen USCIS processing delays will not result in the added expense of a new medical examination.

Brazilian EB-1B applicants generally do not face the same retrogression as India or China. This policy change simplifies the I-693 medical form requirements, facilitating a more efficient transition from O-1 or H-1B status to permanent residency.

Brazilian nationals applying under the EB-1B category must ensure their petitions are sent to the correct USCIS service center as per the new guidelines. This change is administrative and does not affect the underlying eligibility or visa availability for Brazil.

Brazilian researchers and professors with appointments on the closure date will have their sessions rescheduled. This is a routine administrative delay with no impact on overall visa priority dates.

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.