In-person services at the U.S. Embassy and U.S. Consulates in Brazil were suspended this Friday (October 2). Visa issuance has also been affected, and there is still no official timeline for the resumption of services. The United States temporarily suspended in-person consular services in Brazil on Friday, October 2, 2026, due to security concerns. The […]
/ By Marcos Ferreira
In-person services at the U.S. Embassy and U.S. Consulates in Brazil were suspended this Friday (October 2). Visa issuance has also been affected, and there is still no official timeline for the resumption of services.
The United States temporarily suspended in-person consular services in Brazil on Friday, October 2, 2026, due to security concerns.
The announcement was released Thursday night (October 1), but U.S. authorities did not disclose what specific threat prompted the decision. The U.S. Department of State stated that it is working with Brazilian authorities to address the security concerns.
The suspension covers the U.S. Embassy in Brasília and the Consulates in São Paulo, Rio de Janeiro, Porto Alegre, and Recife.
Visa Issuance Also Suspended
The interruption of in-person services also affects the issuance of U.S. visas in Brazil.
According to information released this Friday (October 2), there was still no timeline for the resumption of services. Individuals with appointments or interviews scheduled should follow the guidance provided through official channels and check for any changes to the appointment scheduling system.
At this time, the suspension should be understood as a temporary security-related measure. There has been no announcement canceling visa applications that are already in progress.
For those who are still preparing an application, steps that do not require in-person services may continue to be completed. However, applicants should monitor official updates before making new payments or changing appointments.
What Should You Do During the Suspension?
Anyone with an interview or other consular appointment scheduled for the coming days should:
Monitor the official appointment scheduling system;
Check the email address registered in the application;
Follow announcements from the U.S. Embassy and Consulates;
Wait for guidance regarding possible rescheduling;
Avoid appearing in person while services remain suspended.
U.S. citizens who require emergency consular assistance have also been advised not to visit diplomatic facilities until further notice and to use the channels indicated by the U.S. Mission in Brazil.
Image: Canva
When Will U.S. Services in Brazil Resume?
At this time, there is no official timeline for the resumption of in-person services.
The recommendation for Brazilians who depend on consular services, particularly for the issuance or renewal of U.S. visas, is to monitor official U.S. government channels directly.
The situation may be updated as authorities complete their security assessment.
What Businesses and Travelers Need to Know
The suspension is relevant not only to tourists, but also to professionals, business owners, investors, students, and Brazilian companies that depend on U.S. visas or other consular services.
Anyone planning to travel to the United States should consider potential changes to processing timelines and monitor official information before making decisions about new appointments.
Drummond Advisors will continue to monitor key updates related to the United States and their potential impact on Brazilians and companies with ties to the country.
Disclaimer: The information in this content reflects the situation available as of October 2, 2026, and may be updated by U.S. authorities at any time.
Written by Marcos Ferreira, Content Analyst at Drummond Advisors
For foreign companies and entrepreneurs seeking to operate in the United States, a persuasive immigration case increasingly begins with a practical question: What measurable value will the U.S. operation create? Investment committed, customers secured, revenue generated, and jobs supported can make the answer tangible. That emphasis fits the administration’s broader approach to foreign economic relationships, […]
/ By Drummond Advisors
For foreign companies and entrepreneurs seeking to operate in the United States, a persuasive immigration case increasingly begins with a practical question: What measurable value will the U.S. operation create? Investment committed, customers secured, revenue generated, and jobs supported can make the answer tangible.
That emphasis fits the administration’s broader approach to foreign economic relationships, which prominently links foreign investment to American jobs and growth. It is an interpretive lens, however, rather than a new legal test for every visa category. The existing E-2 and L-1A rules remain the starting point.
E-2: Show both committed capital and a viable enterprise
The E-2 treaty investor visa requires a substantial investment in a real, operating U.S. enterprise that the investor will develop and direct. “Substantial” is assessed in relation to the cost ofestablishing or purchasing the business; there is no universal minimum dollar amount. The enterprise must also be more than marginal.
In practice, applicants should expect close attention to how much has actually been committed and what the money has accomplished. A large balance in a bank account tells less of a story than documented expenditures, an equipped operation, employees, customers, and a credible path to growth.
An acquisition of an existing business may offer a clearer evidentiary record: operating history, financial statements, customers, payroll, and a purchase price tied to an established enterprise. A new venture can qualify just as well under the law, but it may need stronger evidence to overcome the uncertainty inherent in a launch. Signed client agreements, paid engagements, early sales, purchase orders, and well-supported financial projections can help demonstrate viability. Acquisition is not an E-2 requirement or a formal consular preference; its practical advantage is that an operating business often comes with evidence a startup must build from scratch.
New-office L-1A: Show how an executive role will become real
The L-1A category allows a qualifying company to transfer a manager or executive to a related U.S. business. A new office may initially receive only a one-year approval. The petitioner must show that the U.S. operation will support a primarily managerial or executive position within that year. USCIS examines the proposed operation, its financial capacity, and the scope of the business—not merely the transferee’s title.
This makes the first-year staffing plan central to the case. Where the proposed executive will manage people, a credible plan should explain who will carry out sales, service delivery, administration, and other operational work; who will supervise whom; and when those hires will occur. For a business proposing several layers of management, an organizational chart is most persuasive when each position has a defined function, a realistic salary, and funding to support it. Evidence of relevant degrees and professional experience can strengthen the showing that proposed subordinates will perform genuinely professional or managerial work.
A multi-level hierarchy and university degrees for every subordinate are not universal L-1A requirements. USCIS also recognizes function managers, and the appropriate structure depends on the business. The underlying issue is whether the company can realistically free the transferee from primarily performing its day-to-day services within the first year.
The practical shift
For both categories, the strongest presentation connects the immigration request to evidence of an executable U.S. business. E-2 applicants should document capital at risk and market demand. New-office L-1A petitioners should document the resources, hiring sequence, and operating structure that will support executive or managerial work.
The message for foreign businesses is straightforward: a U.S. expansion plan is more convincing when its investment, customers, and jobs can be traced through records and realistic milestones. That has always mattered under the governing rules. In the present environment, it deserves particular attention from the beginning.
Image: Canva
U.S. Business Immigration Is Asking a More Concrete Question: What Will This Enterprise Build?
For foreign companies and entrepreneurs seeking to operate in the United States, a persuasive immigration case increasingly begins with a practical question: What measurable value will the U.S. operation create? Investment committed, customers secured, revenue generated, and jobs supported can make the answer tangible.
That emphasis fits the administration’s broader approach to foreign economic relationships, which prominently links foreign investment to American jobs and growth. It is an interpretive lens, however, rather than a new legal test for every visa category. The existing E-2 and L-1A rules remain the starting point.
E-2: Show both committed capital and a viable enterprise
The E-2 treaty investor visa requires a substantial investment in a real, operating U.S. enterprise that the investor will develop and direct. “Substantial” is assessed in relation to the cost of establishing or purchasing the business; there is no universal minimum dollar amount. The enterprise must also be more than marginal.
In practice, applicants should expect close attention to how much has actually been committed and what the money has accomplished. A large balance in a bank account tells less of a story than documented expenditures, an equipped operation, employees, customers, and a credible path to growth.
An acquisition of an existing business may offer a clearer evidentiary record: operating history, financial statements, customers, payroll, and a purchase price tied to an established enterprise. A new venture can qualify just as well under the law, but it may need stronger evidence to overcome the uncertainty inherent in a launch. Signed client agreements, paid engagements, early sales, purchase orders, and well-supported financial projections can help demonstrate viability. Acquisition is not an E-2 requirement or a formal consular preference; its practical advantage is that an operating business often comes with evidence a startup must build from scratch.
New-office L-1A: Show how an executive role will become real
The L-1A category allows a qualifying company to transfer a manager or executive to a related U.S. business. A new office may initially receive only a one-year approval. The petitioner must show that the U.S. operation will support a primarily managerial or executive position within that year. USCIS examines the proposed operation, its financial capacity, and the scope of the business—not merely the transferee’s title.
This makes the first-year staffing plan central to the case. Where the proposed executive will manage people, a credible plan should explain who will carry out sales, service delivery, administration, and other operational work; who will supervise whom; and when those hires will occur. For a business proposing several layers of management, an organizational chart is most persuasive when each position has a defined function, a realistic salary, and funding to support it. Evidence of relevant degrees and professional experience can strengthen the showing that proposed subordinates will perform genuinely professional or managerial work.
A multi-level hierarchy and university degrees for every subordinate are not universal L-1A requirements. USCIS also recognizes function managers, and the appropriate structure depends on the business. The underlying issue is whether the company can realistically free the transferee from primarily performing its day-to-day services within the first year.
The practical shift
For both categories, the strongest presentation connects the immigration request to evidence of an executable U.S. business. E-2 applicants should document capital at risk and market demand. New-office L-1A petitioners should document the resources, hiring sequence, and operating structure that will support executive or managerial work.
The message for foreign businesses is straightforward: a U.S. expansion plan is more convincing when its investment, customers, and jobs can be traced through records and realistic milestones. That has always mattered under the governing rules. In the present environment, it deserves particular attention from the beginning.
Written by Chris Costa, Senior Immigration Lawyer at Drummond Advisors
The U.S. Department of State (“DOS”) has temporarily adjusted immigrant visa appointments at U.S. embassies and consulates worldwide while consular officers receive new training on the “public charge” ground of inadmissibility. The measure applies only to immigrant visas—those issued to individuals seeking permanent residence in the United States. It does not apply to temporary nonimmigrant […]
/ By Drummond Advisors
The U.S. Department of State (“DOS”) has temporarily adjusted immigrant visa appointments at U.S. embassies and consulates worldwide while consular officers receive new training on the “public charge” ground of inadmissibility.
The measure applies only to immigrant visas—those issued to individuals seeking permanent residence in the United States. It does not apply to temporary nonimmigrant visas, including B-1/B-2, F-1, H-1B, L-1, or O-1 visas.
The change may affect applicants pursuing Green Cards through consular processing, including employment-based applicants in the EB-1, EB-2, EB-3, and EB-5 categories. For most affected applicants, the immediate concern is delay—not necessarily denial.
What Is Happening?
DOS has launched a global training initiative on the application of the public charge ground of inadmissibility under INA § 212(a)(4).
Public charge is not a new concept. U.S. immigration law permits the government to find an individual inadmissible if the person is likely to become a public charge.
To accommodate the training, DOS is temporarily adjusting immigrant visa appointments. Some applicants have reportedly received notices postponing or rescheduling interviews. DOS has not announced when regular appointment scheduling will fully resume.
How Does This Relate to the 75-Country Visa Suspension?
The timing is significant. Beginning January 21, 2026, DOS suspended immigrant visa issuance for nationals of 75 countries, including Brazil, while reviewing public-charge concerns.
On August 21, a federal district court vacated that policy, concluding that DOS could not categorically direct the refusal of immigrant visas based solely on nationality instead of making individualized determinations under the Immigration and Nationality Act.
The new worldwide training initiative appears different. Rather than automatically suspending visa issuance based on nationality, DOS appears to be preparing consular officers to conduct individualized public-charge assessments in immigrant visa cases.
In short, public-charge scrutiny has not disappeared. The way that scrutiny is applied may be changing.
How Does This Differ from Presidential Proclamation 10998?
These developments should also be distinguished from the separate restrictions imposed under Presidential Proclamation 10998.
That proclamation imposes full or partial visa and entry restrictions on nationals of designated countries based primarily on national-security, screening, and information-sharing concerns.
The three policies should therefore be viewed separately:
The 75-country immigrant visa suspension was a public-charge-related policy that included Brazil and was recently vacated by a federal court.
The August 26 worldwide adjustment involves immigrant visa appointments while consular officers receive additional public-charge training.
Presidential Proclamation 10998 imposes separate nationality-based visa and entry restrictions that remain independently applicable to designated countries.
Image: Canva
What Could This Mean for Employment-Based Green Card Applicants?
For EB-1, EB-2, EB-3, and EB-5 applicants processing their cases abroad, the immediate impact may be postponed interviews and delays in visa issuance.
The longer-term concern is potentially greater scrutiny of an applicant’s financial circumstances and ability to demonstrate economic self-sufficiency.
Approval of an employment-based immigrant petition does not eliminate the separate requirement that the applicant be admissible to the United States. Consular officers may examine financial circumstances more closely when applying INA § 212(a)(4).
For employer-sponsored applicants, evidence confirming the continuing job opportunity, salary, and financial viability of the position may become more important.
For EB-1A and EB-2 National Interest Waiver applicants, who may not have a traditional sponsoring employer, relevant evidence may include professional activity, prospective employment or contracts, income, assets, qualifications, and other indicators of economic self-sufficiency.
For EB-5 investors, proof of the qualifying investment does not resolve the separate public-charge analysis. The applicant’s personal financial circumstances may also be considered.
DOS has also introduced a procedure allowing certain applicants who would otherwise be inadmissible on public-charge grounds to seek a Public Charge Bond. This further indicates that public charge is receiving increased attention in immigrant visa adjudications.
Does This Affect Adjustment of Status?
The current DOS action concerns immigrant visa processing at embassies and consulates abroad.
Employment-based applicants seeking permanent residence through Adjustment of Status with USCIS inside the United States are therefore not directly affected by this temporary consular appointment adjustment.
Bottom Line
The August 26 development is not a worldwide suspension of all U.S. visas. Temporary visas such as B-1/B-2, F-1, H-1B, L-1, and O-1 visas are not covered by this particular measure.
Instead, DOS is temporarily adjusting immigrant visa appointments while consular officers receive enhanced public-charge training.
For employment-based applicants processing their cases abroad, the immediate effect may be delay. The more significant issue to monitor is whether consular officers apply greater scrutiny to employment, financial resources, and economic self-sufficiency when interviews resume.
Applicants should monitor communications from the responsible embassy or consulate and prepare for potentially more detailed public-charge questioning.
This article is for general informational purposes only and does not constitute legal advice. Immigration policies and consular procedures can change rapidly.
For years, the EB-2 National Interest Waiver (NIW) was regarded as the more accessible path to an employment-based Green Card: it allows self-petitioning, without a job offer or sponsoring employer. Its appeal, however, has never been predictability, since PERM has always been the more predictable route. What drove the rush toward NIW was something else: […]
/ By Drummond Advisors
For years, the EB-2 National Interest Waiver (NIW) was regarded as the more accessible path to an employment-based Green Card: it allows self-petitioning, without a job offer or sponsoring employer. Its appeal, however, has never been predictability, since PERM has always been the more predictable route. What drove the rush toward NIW was something else: most candidates do not have a job offer or do not want to remain tied to an employer throughout the process. For these profiles, NIW seemed like the natural choice.
The latest USCIS data, however, point to a changing landscape that requires this assumption to be reconsidered. For the first time, NIW denials exceeded approvals among decided cases.
This article explains why NIW has become riskier, how PERM works, and why, for most profiles, labor certification remains the more predictable route to an EB-2 Green Card.
EB-2 NIW Has Become a Victim of Its Own Success
The popularity of NIW grew rapidly, particularly among STEM professionals and during the remote-work boom.
The volume of petitions nearly tripled between fiscal years 2022 and 2024, an increase of approximately 190%.
When an instrument designed as an exception begins to be used on a large scale, the result is often predictable: greater scrutiny. That is exactly what happened.
The Decline in Approvals Is Not Noise, It Is a Trend
Before looking at the numbers, it is important to establish the metric. In this article, the approval rate is calculated based on cases that were actually decided, meaning approved cases divided by the sum of approved and denied cases. This measure is not distorted by the backlog of pending petitions.
The historical series reveals the extent of the shift:
FY2018 through FY2023: historical rates of 96% to 97%;
FY2024: approximately 71% of decided cases;
FY2025: 55.2%, with the fourth quarter reaching a low of 35.7%; and
FY2026, first quarter: 42.6%, with more denials (3,206) than approvals (2,380).
The quarterly volatility is, in itself, a warning sign. Throughout 2025, the rate fluctuated from 62.7% to 67.3%, fell to 54.0%, and then declined further to 35.7%.
There is also a symbolic milestone. NIW, historically viewed as more accessible than EB-1A, is now being denied more frequently than EB-1A. In the first quarter of fiscal year 2026, NIW approved 42.6% of decided cases, compared with 47.5% for EB-1A.
This deterioration is not accidental. The USCIS policy tightening throughout 2025, consolidated in the Policy Manual guidance in effect at the end of the year, targeted cases built on promises rather than facts, and this is reflected in the first two requirements of the Dhanasar test.
Under the first prong, national importance, generic ventures, such as opening a consulting firm or providing services to third parties operating in relevant fields, have increasingly been denied because they fail to demonstrate broad impact on a field, region, or the country; diffuse economic benefit or an advantage to a single employer is not enough.
Under the second prong, being “well positioned to advance the proposed endeavor,” USCIS has become less willing to accept arguments based on what may happen in the future: optimistic projections, a business plan on paper, or generic recommendation letters are no longer sufficient. Applicants must provide objective and independent evidence that a real company or endeavor already exists, is operating, and is actually progressing, rather than merely demonstrating the expectation of future contributions. For profiles whose narratives are more speculative than demonstrable, the risk of denial has increased significantly.
The Hidden Cost of NIW: The Entire Burden Falls on the Self-Petitioner
In an NIW case, the burden falls entirely on the self-petitioner. The applicant alone must build and support the national interest argument, based on the contributions they may bring to the United States, independently gathering all evidence capable of demonstrating that potential.
That burden has become heavier. Recent adjudication trends include:
More frequent questioning of educational credentials;
Greater demands for independent documentary evidence, rather than recommendation letters alone;
Application of criteria borrowed from other visa categories to NIW cases; and
More frequent and more rigorous RFEs (Requests for Evidence) and NOIDs (Notices of Intent to Deny).
Time is also working against applicants. The backlog of pending NIW petitions grew from 74,392 to 82,812 cases in a single quarter, meaning longer processing times and greater exposure to regulatory changes during the process.
Image: Canva
PERM: A Structured Process, Not a Gamble
PERM is the labor certification process conducted by the Department of Labor (DOL) and serves as the basis for thousands of EB-2 and EB-3 Green Cards granted each year.
Its greatest strength is precisely its structure. Rather than relying on a subjective assessment of the national importance of a candidate’s proposed work in the United States, PERM is based on objective criteria and steps that are known in advance:
Prevailing Wage Determination (PWD) with the DOL through ETA-9141;
Required recruitment and Notice of Filing;
Labor market test demonstrating the absence of a qualified and available U.S. worker;
Filing of ETA-9089 through the DOL’s electronic FLAG system, mandatory since June 1, 2023;
DOL certification;
I-140 petition with USCIS; and
Adjustment of status (I-485) or consular processing.
Each step is auditable and defensible. And the burden is no longer placed exclusively on the beneficiary: the sponsoring employer, with support from immigration counsel, shares responsibility for building and funding the case.
The numbers reflect the difference. In the first quarter of fiscal year 2026, EB-2 cases through the PERM route (E21) had a 98.4% approval rate among decided cases, more than double the NIW rate during the same period.
PERM vs. NIW: Where the Case Is More Secure
A direct comparison helps clarify why PERM has an advantage under the factors that currently carry the most weight:
Approval predictability: approximately 98% for PERM (E21) versus approximately 43% for NIW;
Burden of proof: shared between the employer and attorney in PERM, entirely on the beneficiary in NIW;
Evidence standard: objective, process-based documentation in PERM versus a discretionary showing of national importance in NIW;
Case stability: support from an employer in PERM versus an independent self-petition exposed to variations among adjudicating officers in NIW; and
Costs: recruitment costs are covered by the employer in PERM, while the beneficiary bears the costs in NIW, including responses to RFEs and NOIDs.
One figure captures the shift particularly well: in fiscal year 2025, the volume of NIW petitions (66,276) exceeded that of EB-2 cases through PERM (49,921). The exception began to be used more than the rule, and that widespread use attracted the scrutiny that is now affecting the category.
Who Is PERM the Right Choice For?
In practice, PERM is the more suitable route for many EB-2 profiles. It often makes sense for:
Professionals with a job offer and an employer willing to sponsor them;
Engineers, IT professionals, managers, and other strong candidates without a clear national importance narrative;
Candidates who have already had an NIW denied or have received an RFE or NOID; and
Those who value predictability over independence.
Recognizing the Trade-Offs of PERM
No pathway is without drawbacks. PERM depends on a willing employer and involves strict recruitment requirements, specific timelines, and some risk of an audit.
The difference is that these are known, predictable, and manageable challenges with proper counsel, rather than the growing uncertainty that currently characterizes NIW.
NIW, in turn, remains an excellent pathway for truly exceptional profiles, such as leading scientists, researchers working in critical technologies, and professionals in healthcare and national security with a strong track record. The issue is not abandoning NIW, but using it only when the level of risk is justified.
The Strategic Question Before Filing
In the current landscape, the decision between PERM and NIW should not be automatic. Before choosing a pathway, it is worth answering several questions:
Does the profile convincingly support a national importance narrative under the current level of scrutiny?
Is there an employer willing to sponsor the candidate and complete the PERM process?
What is the real cost, in terms of time and risk, of a potential denial under each pathway?
Is the immigration timeline aligned with the candidate’s professional and personal timeline?
The answers to these questions, rather than NIW’s former reputation as a shortcut, should guide the decision.
Conclusion
Predictability has become the most valuable asset in an employment-based immigration process.
For many EB-2 profiles, PERM offers that predictability today, not because it lacks procedural steps, but because it is built around clear rules, objective criteria, and a burden shared with the employer.
Even so, the best pathway depends on the facts of each case. An individualized assessment with an immigration professional is what turns market data into a sound strategy for pursuing a Green Card.
For Brazilian companies entering or expanding in the United States, mobility planning should begin with the business plan – not after it. Entity formation, capitalization, customer strategy, revenue projections, and hiring plans all influence which employees may need to transfer, when they can arrive, and how persuasively the company can explain the need for their […]
/ By Drummond Advisors
For Brazilian companies entering or expanding in the United States, mobility planning should begin with the business plan – not after it. Entity formation, capitalization, customer strategy, revenue projections, and hiring plans all influence which employees may need to transfer, when they can arrive, and how persuasively the company can explain the need for their U.S. assignment.
For Brazilian companies, this planning deserves particular attention because the visa strategy for a U.S. launch often differs from the treaty-investor strategies available to nationals of some other countries. Brazil is not an E-1 or E-2 treaty country, which makes the L-1 category especially important for Brazilian companies that need to move executives, managers, or specialized-knowledge personnel into a qualifying U.S. affiliate, subsidiary, branch, or parent structure. That reality makes corporate structuring, ownership documentation, capitalization, and staffing plans central to the immigration strategy from the first stages of expansion.
A new U.S. operation may need an executive who understands the parent company’s strategy, a manager who can build the local team, or a technical professional who can transfer proprietary processes and institutional knowledge. The L-1 Intracompany Transferee visa was designed for this kind of intracompany mobility, but the strongest cases do more than show that the employee qualifies – they connect the transfer to a concrete U.S. business objective.
In 2026, companies should not treat the L-1 process as a routine administrative step to address after the U.S. business plan is complete. Interview-waiver limitations, consular scheduling rules, possible administrative processing, and higher premium-processing costs make early coordination between immigration strategy and operational planning a business necessity.
The strategic question, therefore, is not simply whether a particular employee qualifies for an L-1 visa. It is whether the company’s U.S. expansion plan, investment commitments, revenue expectations, staffing model, and immigration evidence all tell one coherent and credible story.
When integrated into the expansion strategy, the L-1 visa can support U.S. market entry and growth in several ways:
Transferring an executive from Brazil to launch and direct a new U.S. subsidiary;
Assigning an experienced manager to establish operational controls, implement the parent company’s standards, and recruit a U.S. workforce;
Deploying a technical specialist to implement proprietary machinery, software, production systems, quality-control procedures, or customer-delivery methods;
Transferring institutional knowledge while U.S. employees are recruited, trained, and integrated into the business; and
Creating a longer-term pathway for qualifying multinational managers or executives to pursue permanent residence through the EB-1C category after the U.S. business has been doing business for at least one year and has developed as planned.
The strongest L-1 cases do more than establish that an employee is valuable. They explain why the U.S. assignment is necessary to execute the company’s expansion strategy, generate revenue, hire and train U.S. employees, and build a sustainable U.S. operation.
Consular planning is now launch planning. Since October 1, 2025, the Department of State’s interview-waiver policy has generally required in-person interviews for nonimmigrant visa applicants, subject to limited exceptions that ordinarily do not include L-1 applicants. Consular officers also retain discretion to require an interview in any individual case. Companies should also consider where the employee will apply, because applicants who seek visa interviews outside their country of nationality or residence may face significantly longer appointment waits.
For Brazilian companies, that means mobility timelines should be built into commercial timelines. Companies should account for:
Time to secure an interview appointment;
Preparation of the employee and accompanying family members;
The possibility of administrative processing following the interview;
Passport-return and travel logistics; and
Contingency plans if the employee cannot begin the U.S. assignment on the anticipated date.
An approved USCIS petition does not guarantee visa issuance at a U.S. consulate. Petition approval and visa adjudication are separate stages, and delays at either stage can affect office openings, customer commitments, hiring milestones, and executive availability.
New Office L-1A Petitions Require a Real U.S. Business Plan – not Just a U.S. Entity
The L-1A executive or manager “new office” category can be particularly valuable for Brazilian companies launching U.S. operations. But incorporation, a bank account, and a leased address are only the starting point.
USCIS generally grants an initial new-office L-1A petition for only one year. Within that period, the company must be able to demonstrate that the proposed U.S. operation can support an executive or managerial position. In practical terms, that means evidence of business reality: investment, operating activity, revenue strategy, secured physical premises, and a credible plan to hire staff or otherwise delegate operational work.
A persuasive new-office strategy should therefore address the business plan and the immigration theory together:
The Brazilian company’s history, financial capacity, and continuing operations;
The commercial reason for entering or expanding in the U.S. market;
The capitalization, committed funds, and operating budget of the U.S. entity;
Physical premises appropriate for the intended business—not merely a nominal address;
Projected revenue, contracts, customers, pipeline activity, or other market-development evidence;
A credible U.S. hiring plan that shows how the business will create jobs and support the transferred employee’s managerial or executive role;
The beneficiary’s authority, decision-making responsibilities, and role in executing the U.S. expansion; and
How day-to-day operational duties will be delegated as the U.S. business develops.
The central question is not whether the beneficiary will hold the title of president, director, or general manager. It is whether the U.S. organization will realistically develop to the point where the employee primarily directs the business instead of personally performing routine operational work. That is why revenue projections and hiring plans are not background details – they are core immigration evidence.
Companies should also plan for the extension from the outset. By the end of the first year, the record should show that the U.S. operation has moved from intention to execution: capital has been deployed, commercial activity is underway, physical premises remain appropriate for the business, employees or contractors have been added where appropriate, and the beneficiary’s role has developed consistently with the original business plan.
L-1B Cases Must Identify the Knowledge – and Tie It to U.S. Growth
L-1B specialized knowledge petitions are often weakened by descriptions that merely state the employee is highly skilled, experienced, or essential. Those characteristics may be relevant, but they do not independently establish specialized knowledge or explain why the transfer advances the U.S. business plan.
A stronger case identifies the knowledge and connects it to the company’s U.S. objectives:
The particular product, platform, methodology, equipment, process, or organizational knowledge involved;
How the employee acquired that knowledge;
Why the knowledge is distinct within the company or advanced compared with knowledge ordinarily found in the industry;
How long it would take to train another worker to the same level;
Why the knowledge is needed in the United States at this stage of the expansion; and
How the transfer will support U.S. operations, customers, employee training, revenue growth, or business development.
When the assignment involves training the local workforce, the company should describe the training plan with specificity. The transferred employee may, for example, lead U.S. teams, implement proprietary procedures, supervise complex assignments, and gradually transfer knowledge to U.S. employees who will carry the business forward.
That narrative is far stronger than suggesting that foreign personnel will substitute for developing a U.S. workforce. The more persuasive message is that the transfer is a bridge to U.S. investment, local hiring, training, and growth.
Business Reality and Immigration Evidence Must Tell One Story
L-1 adjudications are highly fact-dependent. For Brazilian companies expanding into the United States, inconsistencies between the petition and the company’s broader records can create avoidable risk and undermine an otherwise strong business case.
A business plan should be credible enough to guide the company – not merely optimistic enough to support a visa petition. U.S. immigration evidence is strongest when it reflects the same business reality the company would present to investors, lenders, customers, tax advisors, and employees.
The L-1 visa remains one of the most important mobility tools available to multinational companies and is particularly significant for Brazilian companies that may not have access to treaty-investor options based solely on Brazilian nationality. It can connect U.S. investment with the leadership, institutional knowledge, and technical expertise necessary to make that investment successful.
But in the current environment, companies should begin with a broader question than “Does this employee qualify for an L-1 visa?” They should ask whether the transfer makes business sense, whether the U.S. operation is funded and staffed to support it, whether the corporate structure clearly documents a qualifying relationship, and whether the immigration record substantiates the broader expansion strategy.
Before filing, companies should be prepared to answer practical questions such as:
What business function, knowledge, or decision-making authority must be transferred to the United States?
Which employee is best positioned to perform that function and explain the connection between the Brazilian operation and the U.S. expansion?
Does the corporate structure support the transfer and clearly document the qualifying relationship between the companies?
Will the U.S. operation support the proposed role through investment, revenue activity, staffing, and delegated responsibilities?
Where will the employee apply for the visa, and how will that consular timeline affect the business launch?
What happens if the USCIS or consular process takes longer than expected?
How will the transfer contribute to U.S. investment, hiring, training, revenue generation, and long-term growth?
When immigration planning begins alongside entity formation, capitalization, hiring, revenue planning, and market-entry strategy, the L-1 visa becomes more than a filing category. It becomes part of the architecture of the company’s U.S. expansion.
This article is provided for general informational purposes and does not constitute legal advice. L-1 eligibility and processing strategy depend on the particular corporate structure, employee history, proposed position, investment plan, hiring strategy, and consular circumstances involved.
Written by Chris Costa, Senior Immigration Attorney at Drummond Advisors
The United States can be a natural market for Brazilian entrepreneurs seeking scale, access to capital, suppliers, and new customers. However, for those planning to relocate to launch, acquire, or operate a business in the U.S., immigration strategy must go hand in hand with business strategy. When available, the E-2 Treaty Investor Visa can be […]
/ By Marcos Ferreira
The United States can be a natural market for Brazilian entrepreneurs seeking scale, access to capital, suppliers, and new customers. However, for those planning to relocate to launch, acquire, or operate a business in the U.S., immigration strategy must go hand in hand with business strategy. When available, the E-2 Treaty Investor Visa can be one of the most practical pathways.
In simple terms, the E-2 Visa allows a national of a treaty country to enter the United States to develop and direct a business in which they have invested—or are actively investing—a substantial amount of capital. It is not a green card, but rather a practical option for founders, operators, franchise buyers, and business owners who want to actively manage a U.S. operation.
The First Step: Confirm Eligibility Through Nationality
For Brazilian nationals, the first consideration is nationality. Brazil is not an E-2 treaty country, meaning that a Brazilian passport alone is generally not sufficient. However, many Brazilians hold dual citizenship with treaty countries such as Italy, Portugal, Paraguay, or Argentina. In these cases, an E-2 strategy may be viable, provided the rest of the structure is properly established.
Dual citizenship must be clearly documented. Having ancestry, living abroad, or having a citizenship application in progress is not enough. The applicant must already be a national of a treaty country and hold a valid passport, along with any supporting civil documents when required. For Portuguese nationals, eligibility for the E-1 and E-2 visa categories was introduced relatively recently and became available to qualified applicants beginning on April 23, 2024.
Next: Structure the Business Correctly
Once nationality has been established, attention turns to the ownership structure. The U.S. company must also possess the nationality of the treaty country. In practice, at least 50% of the business must be owned by nationals of that treaty country. This requires careful planning from the outset, particularly when there are co-founders, investors, or future fundraising rounds.
Ownership dilution should be addressed before raising capital—not afterward. A founder who initially owns 80% or 90% of the company may appear well positioned for an E-2 Visa, but an investment round that reduces ownership below 50% could significantly complicate eligibility. Shareholder agreements, voting rights, board control, veto rights, and governance provisions should all be designed with the immigration strategy in mind.
Additional care is required when founders hold passports from different treaty countries. The company’s nationality, the principal applicant, and any future E-2 employee strategy should all be evaluated together before equity is issued.
What the Consulate Wants to See
Once nationality and ownership have been addressed, the focus shifts to the business itself. The consular officer will evaluate whether the investment is credible, whether the business is real, whether it has the potential to create jobs, and whether there is a realistic likelihood of success. Simply transferring money to the United States is not enough. The investment must be substantial, irrevocably committed, placed at risk, and tied to a legitimate commercial enterprise.
The investment amount should tell a business story—not simply represent a number. An investment of $100,000 may be substantial for a service-based business but insufficient for manufacturing, hospitality, logistics, or retail operations. The objective is to demonstrate that the investment is proportional to the business plan, has already been committed, and will fund tangible business needs such as equipment, inventory, lease payments, licenses, payroll, technology, marketing, or the acquisition of an existing business.
Job creation also plays an important role. Unlike the EB-5 Immigrant Investor Program, the E-2 Visa does not require a fixed number of jobs. However, the business cannot exist solely to support the investor and their family. Hiring plans, payroll records, job descriptions, organizational charts, and evidence of current employees help demonstrate that the enterprise is more than a marginal business.
The third pillar is commercial viability. A strong case presents a genuine, operating business supported by customer contracts, letters of intent, purchase orders, invoices, bank statements, lease agreements, supplier relationships, evidence of market demand, a well-developed business plan, and financial projections grounded in reality. The more operational traction the business can demonstrate, the stronger the application tends to be.
For this reason, early-stage startups require additional preparation. A pre-revenue company may still qualify, but it has more to prove. Before the visa interview, founders should ideally have already formed the U.S. company, opened a business bank account, validated customers and business partners, secured operating premises when necessary, established supplier relationships, and documented a realistic hiring plan.
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Startups Require Additional Preparation
All preparatory business activities must comply with the founder’s immigration status. Permissible temporary business activities may include attending meetings, negotiating contracts, participating in conferences, and conducting market research. However, founders should not actively work in the United States or directly manage the business before obtaining the appropriate work authorization.
Another Option: Acquiring an Existing Business
For some investors, purchasing an existing business may present a stronger E-2 strategy than launching a new venture from scratch. An acquisition may provide immediate access to customers, revenue, employees, contracts, equipment, licenses, operating history, and market reputation—all of which help demonstrate from day one that the enterprise is legitimate.
This evidentiary advantage is significant. Established businesses typically have tax returns, financial statements, payroll records, W-2s, 1099s, profit and loss statements, and other documentation demonstrating ongoing operations. Rather than relying solely on projections, investors can present historical performance while explaining how their management will expand the business.
An acquisition also strengthens the employment narrative. If the business already has employees, the investor can demonstrate both job preservation and future hiring plans. This can be particularly advantageous for restaurants, franchises, distribution companies, medical practices, service businesses, manufacturing companies, and other operations with an existing workforce.
Managing the Closing Process
The primary challenge in acquisition cases is timing. Sellers want certainty, while buyers may be reluctant to release the full purchase price before visa approval. In these situations, an escrow arrangement can be an effective solution, allowing funds to remain committed while being released once the E-2 condition has been satisfied.
The escrow agreement must be carefully structured. Generally, the relevant condition should be E-2 approval to avoid making the investment appear overly contingent. The purchase agreement, escrow agreement, source of funds documentation, closing conditions, and visa application should all present a consistent narrative.
The purchase agreement itself should also support the immigration strategy. It should address what happens if the E-2 Visa is denied, how long the seller will wait before terminating the transaction, which documents will be provided for the visa application, whether employees will remain after closing, and how operational transition will occur. Due diligence should extend well beyond the purchase price to include revenue, employees, leases, licenses, franchise agreements, liabilities, litigation, customer concentration, tax issues, and the business’s ability to support the overall E-2 narrative.
What If the Goal Is to Expand an Existing Brazilian Business?
When the strategy involves expanding an existing Brazilian company into the United States, the E-2 application should clearly demonstrate that the U.S. operation represents a genuine expansion rather than a shell company. The application should explain the company’s history in Brazil, the U.S. market opportunity, the relationship between the Brazilian and U.S. operations, the planned U.S. investment, the founder’s role, and projected revenue and hiring. Existing customers, channel partners, and tangible business progress should all be prominently documented.
Conclusion: Plan Before You Apply
The strongest E-2 cases are built well before the application is submitted. With proper planning, founders can structure the company correctly, preserve treaty-country nationality, avoid ownership dilution issues, document the lawful source of investment funds, validate U.S. customers, prepare a realistic hiring plan, and determine whether a startup, franchise, or acquisition best supports their long-term objectives.
The E-2 Visa can be an exceptionally powerful option for Brazilian entrepreneurs who hold citizenship in an eligible treaty country such as Italy, Portugal, Paraguay, or Argentina. However, approval is not based solely on possessing the appropriate nationality or transferring money into the United States. A successful application must clearly and convincingly demonstrate treaty nationality, ownership and control, a substantial and committed investment, a real and non-marginal enterprise, and the applicant’s ability to develop and direct the business.
For Brazilian founders, the most effective E-2 strategy combines immigration planning with sound business planning. The case should reflect the same fundamentals that make any company attractive to investors: capital, customers, talent, execution, and growth. When these elements are aligned before filing, the E-2 Visa can become an effective bridge for bringing a Brazilian business into the U.S. market.
Written by Chris Costa, Senior Immigration Attorney at Drummond Advisors
For years, “extraordinary ability” in U.S. immigration was associated with celebrities, athletes, artists, and Nobel Prize winners. That perception is rapidly becoming outdated. Today, many of the most successful users of this category are startup founders, AI entrepreneurs, venture-backed executives, researchers, and technology operators. As global competition for talent intensifies, extraordinary ability has evolved from […]
/ By Marcos Ferreira
For years, “extraordinary ability” in U.S. immigration was associated with celebrities, athletes, artists, and Nobel Prize winners. That perception is rapidly becoming outdated. Today, many of the most successful users of this category are startup founders, AI entrepreneurs, venture-backed executives, researchers, and technology operators. As global competition for talent intensifies, extraordinary ability has evolved from a niche immigration category into a strategic tool for building and scaling companies in the United States.
The Rise of Founder-Led Immigration Strategies
Today’s startup ecosystem looks very different from what it did a decade ago. Founders build global companies from day one, teams are distributed across multiple countries, investors back talent regardless of geographic location, and AI has dramatically lowered the barriers to launching high-growth ventures.
As a result, founders increasingly need U.S. immigration strategies that match the speed and ambition of their business plans.
Traditional employer-sponsored pathways do not always fit. Early-stage founders may not yet have a large U.S. entity, venture-backed executives may need flexibility to move among affiliated companies, and AI entrepreneurs may be building entirely new categories of technology that do not align with conventional employment models.
This is where extraordinary ability pathways come into play.
The O-1A Visa: Not Just for Celebrities
The O-1A visa is available to individuals who have demonstrated extraordinary ability in business, science, education, or athletics.
While many people associate the category with famous names, a growing number of successful O-1A beneficiaries today are founders and executives, including:
Venture-backed startup founders
AI and machine learning entrepreneurs
Technology executives leading high-growth companies
Investors and fund managers
Product leaders responsible for significant innovations
USCIS evaluates whether an individual has achieved a level of distinction that places them among the small percentage at the very top of their field.
For founders, that evidence may include:
Venture capital funding
Industry awards
Media coverage
Speaking engagements
Judging or mentoring roles
Patents and innovation
Significant business achievements
Leadership of high-growth organizations
In many cases, founders who assume they are not qualified are actually much stronger candidates than they realize.
The EB-1A: Permanent Residence Through Extraordinary Ability
Often referred to as the “green card equivalent” of the O-1A, the EB-1A immigrant category also focuses on sustained national or international acclaim and extraordinary achievement, and its strategic importance has grown significantly in recent years.
For founders and executives, it offers several advantages:
No labor certification requirement
No employer sponsorship requirement
Self-petition eligibility
Greater long-term flexibility
Alignment with entrepreneurial career paths
For startup founders, this can be transformative.
Rather than tying permanent residence to a single employer, founders maintain the flexibility to build, scale, acquire, or pivot businesses—a significant advantage in an environment where innovation cycles are accelerating and entrepreneurial careers are increasingly dynamic.
In practice, the EB-1A is often the natural next step after the O-1A.
The O-1A opens the door, allowing founders to enter the United States and begin building their companies. Once they have established a meaningful impact and gained recognition in the U.S. market, the EB-1A provides a pathway toward permanent residence.
This progression also addresses a structural limitation of the O-1A. While the visa may initially be granted for up to three years, subsequent extensions are generally approved in one-year increments. As a result, the O-1A serves as an effective entry vehicle but is not always the most convenient long-term solution.
The EB-1A enables founders who have built a record of acclaim in the United States to convert that success into the stability of permanent residency.
Image: Canva
Why AI Entrepreneurs Are Particularly Well Positioned
Artificial intelligence has created an unprecedented opportunity for extraordinary ability cases.
Many AI founders and technical leaders are already generating evidence that naturally aligns with O-1A and EB-1A criteria, including:
Development of innovative AI systems
Significant open-source contributions
Patents and intellectual property
Conference presentations
Industry recognition
Academic publications
Media coverage
Venture capital investment
Leadership roles in rapidly growing companies
Importantly, extraordinary ability does not require a Ph.D. or an academic appointment.
Many of today’s most influential AI entrepreneurs have built their reputations through execution, product innovation, company building, and market impact.
USCIS increasingly reviews applicants whose influence stems from technology adoption, company growth, ecosystem leadership, and business innovation rather than solely from traditional academic credentials.
Venture-Backed Executives Are Emerging Candidates as Well
A growing number of venture-backed executives are also pursuing extraordinary ability strategies.
Growth-stage companies frequently recruit leaders with specialized expertise in:
Artificial intelligence
Product management
Revenue operations
Cybersecurity
Fintech
Health technology
Enterprise software
These executives often possess accomplishments that extend far beyond their current employer.
They may have:
Led successful exits
Managed major business units
Developed industry-transforming products
Served as judges, advisors, or mentors
Received awards or professional recognition
Contributed to widely adopted technologies
As a result, extraordinary ability categories are becoming increasingly relevant not only for founders, but also for the leadership teams responsible for scaling innovative companies.
The New Definition of Extraordinary
Extraordinary ability categories were never intended exclusively for celebrities. They were designed to attract individuals whose work creates meaningful impact within their fields.
In today’s economy, that increasingly means founders, innovators, investors, operators, and AI entrepreneurs.
The next generation of extraordinary ability applicants may not be movie stars or professional athletes. They may be the founder building the next AI platform, the executive scaling a venture-backed company, or the entrepreneur creating jobs, attracting investment, and driving innovation.
And that is precisely why extraordinary ability is increasingly becoming a founder strategy rather than simply a category for celebrities.
Written by Chris Costa, Senior Associate – U.S. Immigration
For many years, expatriation was viewed almost exclusively as a corporate benefit or an operational tool used to fill strategic positions in other countries. Today, that perspective is no longer sufficient. In a global environment marked by geopolitical instability, regulatory changes, talent shortages, and increasing pressure for efficiency, global mobility is no longer just an […]
/ By Drummond Advisors
For many years, expatriation was viewed almost exclusively as a corporate benefit or an operational tool used to fill strategic positions in other countries. Today, that perspective is no longer sufficient.
In a global environment marked by geopolitical instability, regulatory changes, talent shortages, and increasing pressure for efficiency, global mobility is no longer just an HR process. It has become a strategic business discipline.
Multinational companies headquartered in Brazil, especially those operating in complex, regulated, and multicultural environments, must understand that a robust international mobility program does more than protect the expatriate executive. It protects the operation, the company’s reputation, governance, tax compliance, and, above all, its ability to execute business strategy.
The reality is that many organizations still underestimate the risks associated with poorly structured expatriation processes. The cost of this oversight can be significantly greater than the investment required to build a mature and sustainable mobility policy.
What Does a Strong Global Mobility Program Look Like in Practice?
An effective global mobility program goes far beyond visa processing, benefit administration, or the logistical transfer of employees between countries.
It requires coordination among multiple business functions, including:
In practice, global mobility is about managing people, risks, costs, and culture simultaneously.
The most mature organizations view international mobility as an integral part of their growth, international expansion, talent retention, and leadership development strategies.
Key Areas of Attention in Expatriation Programs
1. Immigration and Regulatory Compliance
One of the most common mistakes is oversimplifying immigration matters.
Every country has specific rules regarding:
• Visas • Work permits • Tax residency • Length-of-stay limitations • Permitted activities • Social security obligations • Bilateral agreements
An executive working without proper compliance may create:
• Financial penalties • Operational restrictions • Reputational risks • Future limitations for the company • Labor and tax liabilities
In highly regulated industries, these issues can even jeopardize contracts and operating licenses.
2. International Taxation: Perhaps the Greatest Hidden Risk
Global mobility taxation is often one of the most complex and overlooked areas.
Issues such as:
• Double taxation • Tax residency • Tax equalization policies • Shadow payroll requirements • Taxation of bonuses and stock options • Social security contributions • International agreements • Transfer pricing implications related to executive allocations
must be carefully evaluated.
It is not uncommon for companies to discover significant tax liabilities years later as a result of improvised mobility structures.
The challenge becomes even greater when different countries apply different interpretations regarding employment relationships and taxable income.
3. Underestimated Costs and Lack of Governance
Many organizations calculate only the direct costs of expatriation:
• Salary • Housing • Schooling • Travel expenses
However, indirect costs are often substantially higher:
• Tax implications • Foreign exchange fluctuations • International insurance coverage • Supplemental benefits • Relocation expenses • Legal and advisory services • Family adaptation support • Post-assignment turnover
Without clear governance, metrics, and policies, international mobility can quickly become an uncontrolled cost center.
Perhaps the greatest corporate mistake is treating expatriation solely as a technical relocation.
In reality, it represents a profound life transition.
Many assignments fail not because of the executive’s technical capabilities, but due to:
• Cultural adaptation challenges • Social isolation • Family-related difficulties • Culture shock • Spousal adjustment issues • Children’s educational adaptation • Emotional and mental health concerns
Global studies consistently show that a significant percentage of failed expatriate assignments stem from family and cultural factors rather than professional performance.
Sophisticated organizations invest in:
• Cross-cultural training • Psychological support • Family preparation programs • Executive coaching • Ongoing assignment support • Local integration initiatives
International mobility is not simply about relocating talent. It is about ensuring that talent can perform sustainably and successfully.
5. Repatriation: The Challenge Almost Nobody Plans For
Ironically, many organizations carefully structure the departure but completely neglect the return.
This is a strategic mistake.
Returning expatriates bring back:
• New business perspectives • Multicultural experience • Enhanced leadership capabilities • International expertise • Global professional networks
When organizations lack a reintegration strategy, returning executives often experience:
• Loss of influence and visibility • Career misalignment • Frustration • Underappreciation of their international experience
The result is predictable: many companies invest heavily in developing international talent only to lose those professionals shortly after their return.
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Common Challenges Faced by Companies
Lack of Cross-Functional Integration
HR, Legal, Tax, and Finance teams often operate independently, creating inconsistencies and increasing risk exposure.
Global Policies That Do Not Align with Brazilian Regulations
Brazil’s labor and tax systems are highly complex. Policies imported from foreign headquarters do not always function effectively within the local legal environment.
Lack of Financial Predictability
Without proper planning, mobility costs can increase exponentially.
Difficulty Measuring Return on Investment
Companies frequently assign employees internationally without clearly defined business objectives, succession plans, or knowledge-transfer goals.
Talent Loss Following International Assignments
Without structured career management, valuable human capital investments may be lost.
The Key Benefits of a Mature Global Mobility Strategy
Despite its complexity, organizations that successfully structure international mobility programs realize substantial benefits.
Accelerated Leadership Development
International executives tend to develop:
• Strategic thinking • Adaptability • Cultural intelligence • Decision-making capabilities in complex environments
Global Knowledge Transfer
Mobility facilitates the exchange of best practices, corporate culture, and technical expertise across business units.
Strategic Talent Retention
International opportunities are often viewed by employees as highly valuable career development experiences.
Stronger Global Corporate Culture
Mobility programs help multinational organizations create greater alignment across global operations.
Reduced Risks and Liabilities
A well-designed mobility framework significantly reduces labor, tax, immigration, and reputational risks.
Enhanced International Competitiveness
Prepared organizations can respond more effectively to global expansion, transformation, and operational integration demands.
The Future of Global Mobility
The concept of international mobility is evolving rapidly.
Today, organizations already manage:
• Hybrid expatriates • Corporate digital nomads • International remote workers • Distributed multicultural teams • Short-term assignments • Temporary global projects • Flexible mobility arrangements
These developments create even greater tax, regulatory, and governance challenges.
The future will require organizations to become less bureaucratic but significantly more sophisticated in risk management, technology adoption, compliance, and employee experience.
Conclusion
Global mobility is no longer merely an operational HR function. It is a strategic component of the modern corporate agenda.
Multinational companies headquartered in Brazil must recognize that successful expatriation depends on balancing:
• Compliance • Financial efficiency • Risk management • Talent strategy • Cultural intelligence • Human experience
When properly structured, international mobility ceases to be a cost and becomes an investment in leadership development, global integration, and sustainable value creation.
Because, ultimately, global business is still conducted by people. And people do not cross borders successfully with visas and contracts alone. They do so with structure, security, purpose, and a sense of belonging.
Written by Ana Gabriela Francelli, Director of Legal Operations at Drummond Advisors.
With standard EB-1A I-140 processing times now stretching from 4.5 to as long as 22.5 months, premium processing, which guarantees USCIS action within 15 business days, is understandably tempting. But faster is not always better, and our firm treats the premium processing decision as a strategic conversation with each client, not an automatic add-on. The […]
/ By Drummond Advisors
With standard EB-1A I-140 processing times now stretching from 4.5 to as long as 22.5 months, premium processing, which guarantees USCIS action within 15 business days, is understandably tempting. But faster is not always better, and our firm treats the premium processing decision as a strategic conversation with each client, not an automatic add-on.
The first thing to understand is what premium processing actually guarantees. USCIS must take adjudicative action within 15 business days. That action can be an approval, but it can also be an RFE, a Notice of Intent to Deny (NOID), or an outright denial. If USCIS issues an RFE under premium processing, the 15-day clock stops entirely and resets only after the response is received. Premium processing changes the speed of review, but it does not change the legal standard, the evidentiary threshold, or the officer’s analysis.
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The concern we share with clients is that premium processing can function as a magnifier. If the petition is strong, premium processing accelerates a favorable outcome. If the case has weaknesses like borderline evidence, incomplete documentation, or a narrative that is not yet fully developed, premium processing accelerates scrutiny of those weaknesses. An officer working under a 15-business-day deadline may reach for an RFE more quickly than an officer reviewing the same petition over a longer timeline, simply because the compressed window leaves less room for the officer to work through ambiguities in the record before needing to act. There is no official USCIS data confirming that premium processing increases RFE rates, but the practical logic is straightforward: speed compresses the decision window, and when the evidence does not clearly resolve itself, an RFE is the safest action available to the officer within that window.
Our advice: premium processing is the right choice when the petition is genuinely ready, as when the evidence is deep, the narrative is tight, the expert letters are specific and independent, and the filing would benefit from faster resolution (for example, to enable concurrent I-485 filing when a priority date is current, or to coordinate with a visa expiration or job transition). When the case is still developing or the evidence is borderline, the better investment is often to spend the additional time strengthening the filing rather than paying to accelerate a review that the petition may not yet be positioned to survive.
In practice, this further validates a strategy many companies and foreign nationals are already pursuing: beginning the immigration journey through a nonimmigrant visa (“NIV”) such as O-1, L-1, H-1B, or E-2, while maintaining valid status in the U.S. during a longer permanent residence process. We also expect immigrant visa (“IV”) processing to become lengthier, more […]
/ By Drummond Advisors
In practice, this further validates a strategy many companies and foreign nationals are already pursuing: beginning the immigration journey through a nonimmigrant visa (“NIV”) such as O-1, L-1, H-1B, or E-2, while maintaining valid status in the U.S. during a longer permanent residence process.
We also expect immigrant visa (“IV”) processing to become lengthier, more documentation-heavy, and subject to heightened scrutiny.
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Importantly, the Department of State’s pause on immigrant visa issuance for nationals of 75 countries — including Brazil — remains in effect. However, Brazilian nationals with dual citizenship may, in certain cases, elect consular processing using a passport from a country not subject to the suspension (such as Italy or Portugal), or wait until immigrant visa processing resumes for Brazilian nationals.
We expect legal challenges and significant litigation surrounding these measures and will continue closely monitoring developments.
Written by Chris Costa, Senior Attorney at Drummond Advisors