Policy Updates

Brazilian applicants will be subject to the expanded DHS access to DOJ criminal databases. While not currently a VWP country, any future 'Preventing and Combating Serious Crime' agreements between the U.S. and Brazil would further automate the vetting of Brazilian EB-1C candidates.

The fee increase raises the cost for Brazilian multinational managers seeking 15-day processing of their I-140 petitions. As there is currently no backlog for Brazil in this category, the impact is strictly financial.

The memo's focus on vetting corporate structures means Brazilian applicants must provide more granular evidence of the multinational entity's operations. This shift is expected to increase the frequency of RFEs, delaying approvals for a country that typically enjoys current priority dates.

With a high volume of L-1A to EB-1C transitions from Brazil, the fee hike will increase the cost of doing business for Brazilian firms in the U.S. However, the lack of severe EB-1 retrogression for Brazil keeps the impact at an informational level.

Brazil has seen a rise in EB-1C filings as more Brazilian companies expand into the U.S. market. The court order prevents a sudden spike in petition costs, allowing for more predictable corporate budgeting for executive relocations.

This change streamlines the intake process for Brazilian executives but requires US petitioners to move away from traditional check-based filings. No significant backlog-related impact is expected for this cohort.

Operation Twin Shield's focus on multinational managers means Brazilian applicants must ensure their foreign employment history is impeccably documented. USCIS may increase the use of administrative inquiries to verify the existence and activity of the Brazilian parent companies.

Brazil has a significant number of L-1A to EB-1C transitions. Law enforcement agents will likely scrutinize the operational reality of smaller Brazilian subsidiaries in the US to ensure they are not shell operations intended solely for immigration purposes.

The transition to electronic funds allows for more immediate verification of filing fees for Brazilian petitioners. This administrative improvement supports the growing number of Brazilian multinational transfers to the United States.

Brazil has a high rate of L-1A to EB-1C transitions for small-to-medium enterprises. The focus on 'role authenticity' means Brazilian applicants must provide more robust proof of their executive functions in both countries to avoid falsification charges.

The policy introduces a new layer of questioning for Brazilian managers regarding their views on American institutions. While impact is lower than in high-tension regions, it adds to the overall processing burden.

Brazilian EB-1C applicants usually do not face the extreme backlogs seen by India and China. The policy update offers a standardized protection for children, but the practical impact is limited unless the category retrogresses significantly.

Brazilian multinational managers will see a rise in the cost of I-140 petitions under the new H.R. 1 guidelines. However, because Brazil falls under the 'Rest of World' category for EB-1, applicants can typically file for adjustment of status concurrently, mitigating the impact of the fee hike.

The guidance ensures that USCIS must disclose derogatory information to the petitioner, allowing Brazilian firms to clarify corporate structures or executive roles before a final decision is made.

As EB-1 is generally current for Brazil, the primary benefit is the elimination of the 2-year expiration risk during administrative delays. This simplifies the path for multinational managers moving to the U.S.

Brazilian EB-1C applicants will benefit from a less complex I-693 medical form requirement. This change is particularly helpful for executives who may have received non-WHO approved vaccines in their home country, as they no longer need to seek U.S.-compliant boosters for immigration purposes.

Brazilian nationals utilizing the EB-1C pathway must comply with the new USCIS filing locations. Failure to follow the updated protocols may lead to the rejection of the petition, though the impact is primarily administrative rather than related to visa availability.

Brazilian executives seeking adjustment of status will face a minor setback if their appointments coincide with the closure. This is a purely administrative delay and does not reflect a change in visa availability or eligibility criteria.

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.