Policy Updates

Due to the lack of a reciprocal data-sharing agreement, Venezuelan EB-1B applicants may experience increased scrutiny. U.S. immigration authorities will likely rely more heavily on expanded internal database searches and secondary screening to fulfill the order's mandate for heightened public safety vetting.

The policy change increases the financial burden on Venezuelan applicants who choose to pay for faster adjudication. Visa availability for Venezuela in the EB-1 category remains current.

Pursuant to Section 3(d), the entry of Venezuelan nationals as immigrants remains suspended. This restriction prevents Venezuelan researchers and academics from utilizing the EB-1B category to obtain lawful permanent residency if they are currently outside the United States and do not hold a valid visa.

Enhanced vetting requirements may make it more difficult for Venezuelan applicants to provide the verified documentation USCIS now requires. This could lead to significant delays in proving 'outstanding' status.

Venezuelan applicants will be required to pay the higher FY 2026 fees. Given the economic situation in Venezuela, the increase in USD filing fees may represent a more significant relative cost.

The stay on the 2024 Fee Rule affects the cost of I-140 petitions for Venezuelan researchers. Employers must be diligent in applying the correct fee amounts, including the Asylum Program Fee, to avoid processing delays.

Venezuelan nationals may face difficulties with mandatory electronic payments if they do not have access to stable U.S.-based financial accounts. Petitioners must ensure that payment methods are compatible with the new USCIS digital requirements.

The availability of electronic fund transfers simplifies the filing process for Venezuelan EB-1B applicants. This administrative change does not impact the specific humanitarian or political considerations for Venezuelan nationals.

Given the political situation in Venezuela, obtaining verifiable documents can be difficult, but this policy warns that any falsification—even if intended to overcome documentation gaps—will be met with severe penalties.

EB-1B researchers from Venezuela might be questioned on their political affiliations or past work for state entities. The policy introduces uncertainty for high-skilled professionals fleeing political instability who must now prove their ideological loyalty to the US.

This update ensures that Venezuelan dependents are protected by the most favorable chart available when filing for adjustment of status. It simplifies the CSPA calculation and provides greater certainty for families navigating the US immigration system.

Venezuelan nationals will be subject to the higher Form I-140 fees. The impact is purely financial, as the EB-1 category remains current for Venezuelan applicants.

This policy ensures that Venezuelan applicants are provided with the derogatory information USCIS intends to use in its decision. This transparency is crucial for applicants to ensure their records are accurate and to provide necessary rebuttals.

Venezuelan applicants benefit from the removal of the medical exam expiration, ensuring that their path to a green card is not further complicated by the need for updated health documentation.

For Venezuelan researchers already in the U.S. on temporary visas, this waiver simplifies the medical exam necessary for Adjustment of Status. It removes the need to provide proof of a specific vaccination that may have been difficult to document.

Venezuelan researchers must ensure their I-140 petitions are filed according to the new USCIS guidelines. This logistical change does not affect the specific humanitarian or political considerations often associated with Venezuelan immigration.

Venezuelan applicants currently in the U.S. will have their Jan. 9 USCIS appointments rescheduled. This delay is purely administrative and does not affect visa eligibility.

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.