Policy Updates

The order's focus on 'criminal actors' and reciprocal sharing creates a high barrier for Venezuelan applicants. The lack of a 'trusted' government partner in Venezuela to verify CHRI means that EB-1C applicants may be subject to indefinite administrative holds during the vetting phase.

The fee increase applies to Venezuelan multinational managers seeking to expedite their petitions. This change is financial in nature and does not affect the current availability of EB-1 visas for Venezuela.

Section 3(d) maintains the suspension of entry for Venezuelan nationals as immigrants. This prevents executives and managers from Venezuelan entities from obtaining or using EB-1C immigrant visas to enter the United States, regardless of the merits of their corporate petition.

Due to the complex nature of verifying corporate entities in Venezuela, the new vetting policy will likely lead to extensive RFEs. Applicants must provide clear, verifiable evidence of the multinational relationship to avoid denials.

The fee increase applies to all I-140 filings for FY 2026. For Venezuelan executives already in the U.S. on valid non-immigrant status, this represents a marginal increase in the cost of adjusting status.

The court order prevents the implementation of the Asylum Program Fee for I-140 petitions, which is a welcome relief for Venezuelan managers who often face complex financial and legal hurdles when relocating to the U.S.

The shift away from physical payment methods complicates the filing process for multinational firms with operations in Venezuela. US-based petitioners must navigate strict compliance protocols to ensure electronic transfers are not blocked by financial institutions due to regional sanctions.

Given the difficulty of obtaining official documents from Venezuela, the new emphasis on fraud detection makes it harder for these applicants to satisfy USCIS's heightened evidentiary standards for foreign managerial experience.

Given the economic instability in Venezuela, USCIS agents will likely focus on the viability and doing business status of the foreign entity to ensure the EB-1C requirements for a continuous foreign operation are met.

The shift to electronic funds offers a more reliable payment mechanism for Venezuelan applicants filing for multinational manager status. This modernization helps mitigate issues related to the handling of physical financial instruments.

Applicants from Venezuela may struggle to provide the 'authentic' corporate records required under this new enforcement push. USCIS may view missing or reconstructed records with high suspicion during the fraud-detection process.

The policy targets ideological compliance, which for Venezuelans involves proving a lack of support for anti-US government positions. This adds a complex layer of political vetting to the EB-1C petition process.

Venezuelan applicants under EB-1C will see a more favorable calculation for CSPA, but since the category is current for Venezuela, the immediate impact on 'aging out' is low.

The fee increase adds to the financial requirements for Venezuelan nationals applying for EB-1C visas. Given the current political and economic climate, the increased cost is an additional factor for Venezuelan companies and individuals to consider during the petition process.

This guidance ensures that USCIS maintains a transparent adjudication process, allowing Venezuelan managers and executives to address any negative findings before a denial.

This change ensures that Venezuelan applicants, who may face various documentation challenges, do not have to repeat the medical exam process if their adjustment of status takes longer than two years.

Venezuelan EB-1C applicants, many of whom may have had irregular access to specific vaccine brands, will benefit from the removal of this requirement. It streamlines the medical exam process and avoids potential delays in obtaining compliant vaccination records.

Venezuelan applicants should be aware of the new filing protocols to ensure their EB-1C petitions are accepted. Given the complexities of Venezuelan documentation, ensuring the initial filing location is correct is a critical first step in the process.

Venezuelan executives and managers will have their USCIS appointments rescheduled. This delay is purely administrative and affects all applicants regardless of their specific immigration status or country of origin.

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.