Policy Updates

Colombia's status as a close security ally of the U.S. may lead to the implementation of Section 3(a) agreements. This could eventually streamline vetting for Colombian EB-1C applicants if reciprocal criminal history sharing is formalized.

The policy change increases the financial requirement for Colombian managers using premium processing. This affects the speed of corporate relocations without impacting the underlying visa availability.

The policy change requires USCIS officers to perform more intensive screening of the corporate relationship between Colombian and U.S. entities. This is expected to increase the administrative burden on Colombian firms seeking to transfer executives.

As Colombian firms continue to expand their U.S. presence, the increased I-140 fee will be a factor in corporate relocation budgets. The impact remains low as EB-1 priority dates for Colombia are typically current.

As Colombian companies expand their presence in the U.S., the EB-1C visa is a key tool for transferring leadership. The stay on the fee rule prevents increased operational costs for these companies during the petition phase.

The impact on Colombian applicants is purely administrative. US employers of Colombian executives must ensure their payment methods are updated to meet the new electronic mandate to ensure successful petition intake.

As part of the fraud detection effort, USCIS is comparing the proposed salary in the EB-1C petition with actual payroll data. Colombian managers must ensure that their U.S. compensation aligns strictly with the executive or managerial role described.

Colombian executives will face more detailed audits of their corporate structures, with special agents looking for evidence of active and continuous business operations in both countries to prevent the use of EB-1C for passive investment.

For Colombian multinational managers, the use of electronic funds for fee payments simplifies the initial filing steps. This update supports faster processing of the I-140 petition intake, facilitating quicker movement to the adjudication phase.

USCIS will look for 'role authenticity' by comparing the US job description with the previous role in Colombia. Any discrepancies in the level of authority or number of subordinates could trigger fraud investigations under the new enforcement guidelines.

Applicants from Colombia will need to be mindful of the new 'Anti-Americanism' criteria during their visa interviews, as officers are now empowered to deny benefits based on ideological non-compliance.

Colombian applicants benefit from the clarified CSPA rules, which help prevent children from aging out during the adjustment of status process, even though EB-1 is currently current for Colombia.

Colombian nationals utilizing the EB-1C category for corporate transfers will be required to pay the higher fees. The category remains current for Colombia, ensuring that the fee increase does not come with additional wait times for visa availability.

This guidance ensures that Colombian petitioners are notified of any derogatory information found by USCIS, allowing them to provide context or corrections before a final adjudication.

Colombian applicants will find the process more predictable, as the medical exam will no longer expire, even if USCIS experiences significant workload backlogs that delay adjudication.

Colombian managers applying for EB-1C status will find the Adjustment of Status process more straightforward. The removal of the COVID-19 vaccination requirement reduces the time and documentation needed for the civil surgeon to sign off on the I-693 medical form.

Colombian applicants in the EB-1C category must comply with the revised filing locations. This administrative update is necessary to ensure that petitions are routed to the correct USCIS service center for adjudication.

Colombian applicants will face a brief delay in their green card processing if they had appointments on the day of the closure. This administrative event impacts the final adjudication phase of the EB-1C visa process.

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.