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.
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