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.

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, 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.

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

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.

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.

Written by Julia Malheiros and Larissa Matos

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
• Researchers commercializing breakthrough technologies

The key issue is not fame, but evidence.

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.

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