In a recent reflection published in Canal MyNews, Marcelo Gorenstein, Senior Director, Latin America at LCR Capital Partners, explores why the EB-2 NIW visa has become a less predictable path to a US Green Card for qualified Brazilian professionals. After years of approval rates between 90% and 96%, the approval rate for Form I-140 fell to just 43% in 2024, the lowest level in the category’s history. Increased scrutiny of EB-2 NIW and EB-1A cases, combined with visa availability backlogs, is adding further uncertainty for applicants.
Gorenstein points to EB-5, the Green Card by Investment program, as a more predictable alternative for those who have the required capital. He highlights attorney Michael Liberatore’s observation that EB-5 cases at his firm have maintained a 100% approval rate, while noting that the program involves a different type of risk, shifting from immigration uncertainty to financial risk. For qualified individuals who can meet the investment requirement, the message is clear: sometimes the more expensive path can also be the shortest.
