After Brazil’s Election: Experienced Immigration Attorney Analyzes What It Means for Brazilians Moving to the U.S.

What Brazilian professionals, entrepreneurs, and families should know about U.S. immigration options, policy uncertainty, and the importance of planning ahead.

Brazil’s October 25, 2026, presidential runoff marked an important moment in the country’s political landscape. As Brazilians reflect on the election results and consider their potential implications for the country’s economic and professional environment, some individuals and families may also be reassessing their long-term plans, including whether to pursue professional opportunities, invest, or establish a future in the United States.

Brazil’s election does not change U.S. immigration law. What does shape your case (U.S. policy decisions, consular processing, visa availability, and the exchange rate) is decided elsewhere, and much of it can be planned for. Understanding which factors are within an applicant’s control is essential to making an informed decision.

This article addresses three questions:

• Could Brazil’s election affect U.S. immigration rules for Brazilian nationals?
• What has changed for Brazilian applicants in 2026?
• Should candidates begin the process now or wait for greater political and economic certainty?

Does Brazil’s Election Change U.S. Immigration Rules?

No. The United States establishes its own immigration laws and policies, and any changes must occur through the applicable legislative, regulatory, administrative, or executive processes. A change in the Brazilian presidency does not, by itself, make Brazilian citizens ineligible for the EB-2 NIW, EB-1A, EB-5, L-1, or O-1 categories, nor does it automatically create new restrictions on Brazilian applicants.

That said, U.S. administrations can independently change immigration policies, screening procedures, visa issuance practices, and processing priorities. So it is still reasonable to ask whether political developments in Brazil could affect the relationship between the two governments and, indirectly, immigration policies. When clients raise this, I start with what is certain: the legal criteria have not changed. How U.S. agencies respond to shifting relations is something we can watch for, but not predict.

The table below shows which parts of the process the election itself changes and what can still affect them.

Factor	Changed by Brazil’s election?	What can affect it
Eligibility requirements	No	U.S. legislation or regulation
USCIS filing fees	No	USCIS fee rules, which the agency revises independently
Processing times	No	Workload, staffing, policy, and other administrative factors
Spouses and children	No	The rules of the applicable immigration category
U.S. visa issuance	Not automatically	State Department policy, including nationality-based restrictions or additional screening
Exchange rates	Not directly, though currency markets can react to political events	Broader economic conditions in both countries

What Has Changed for Brazilian Applicants in 2026

In January 2026, the U.S. Department of State announced a pause in immigrant visa issuance affecting nationals of Brazil and other countries. The Department subsequently stated that the pause was no longer in effect as of August 21, 2026, following a court order in a case brought by a coalition of organizations that included Colombo & Hurd.

This was a U.S. policy development, not a consequence of Brazil’s election. It is important to mention that the court found the pause incompatible with a federal law in force since 1965 that prohibits discrimination in immigrant visa issuance based on nationality, a protection that applies to Brazilian applicants regardless of the relationship between the two governments.

The waiting line for green cards also moved. The United States issues a limited number of employment-based green cards each year, and the State Department’s monthly Visa Bulletin shows whose turn it is, based on the date each case was first filed. For Brazilians in the EB-2 category, which includes both EB-2 PERM and EB-2 NIW, that line moved backward in October 2026, to cases filed before January 1, 2025, and forward again in November, to cases filed before April 1, 2025.

One lesson that holds year after year is that an immigrant petition, the issuance of an immigrant visa through a U.S. consulate, and permission to enter the United States are separate stages. A development at one stage does not necessarily affect the others. That works in applicants’ favor, too: a delay does not erase progress already made, and a well-prepared case is ready to move as soon as conditions allow.

What Could Change Next

Looking ahead, these are areas that may continue to evolve and are worth following.

Policy developments in the United States

The U.S. administration may change immigration policy independently of Brazil’s political situation. For some applicants, the most significant development may concern consular visa issuance or screening rather than the eligibility criteria for the underlying petition.

Processing timelines and visa availability

Immigration is rarely an immediate process. Applicants should understand the distinction between an agency’s estimated processing time and the date on which they may actually receive permanent residence. Visa Bulletin dates are published monthly and can move backward as well as forward. Because processing estimates and visa availability can change, candidates should plan around the information available at the time and revisit their strategy when significant developments occur.

No applicant should assume that a specific restriction will be introduced solely because of Brazil’s election. Equally, no one should assume that current procedures will remain in place throughout a lengthy immigration process.

Official announcements from USCIS and the Department of State are the most reliable guide to what has actually changed.

Should You Start Now or Wait? An Attorney Perspective

“Should I go now, or wait?” is the question I hear most after a moment like this. The election rarely decides it. The strength and readiness of your case usually does.

In my experience, periods of political uncertainty often lead people to reassess their plans. Some begin exploring immigration for the first time, while others who have been considering it for years decide to take a closer look at their eligibility. Feeling uncertain about the future is a reasonable response to a moment like this, and it is often what leads people to look at their options for the first time.

In my view, choosing a visa category or rushing into a filing based on political predictions is rarely a sound approach. Some categories require extensive documentation of professional accomplishments, business operations, investment funds, or corporate relationships, and gathering this evidence takes time. Waiting for a perceived political or economic turning point may delay the process without providing any meaningful advantage.

Starting early does not mean filing before a case is ready. It means:

• For an employment-based immigrant petition: organizing professional records, documenting achievements, and developing a clear proposed endeavor.
• For an investor or business owner: reviewing the corporate structure, investment capacity, and eligibility requirements.
• For anyone planning consular processing: preparing the financial documentation officers now review more closely.

Timing matters because immigration processes can take months or years, and some stages depend on factors outside the applicant’s control. I also remind clients that an approved petition and permission to enter or remain in the United States are not the same thing.

The first step is the same regardless of the political climate: finding out which visa category best fits your profile and what the case would require.

What Are the Main Immigration Pathways to the United States for Brazilian Professionals, Entrepreneurs and Investors?

There is no single immigration pathway that works for every Brazilian applicant. The appropriate option depends on professional achievements, education, business ownership, investment capacity, employment opportunities, and long-term goals.

Category	Type	Who it is designed for
EB-2 NIW	Green card	Professionals with an advanced degree or exceptional ability whose proposed work has substantial merit and national importance. No employer sponsor, job offer, or labor certification required.
EB-1A	Green card	Individuals with sustained national or international acclaim in science, business, education, athletics, or the arts. Self-petition allowed.
EB-5	Green card	Investors who make a qualifying investment in a U.S. commercial enterprise and meet the job-creation requirements. Currency fluctuations are especially relevant for funds held in reais.
L-1	Temporary	Executives, managers, and specialized-knowledge employees transferred from a foreign office to a related U.S. entity.
O-1	Temporary	Individuals with extraordinary ability or achievement in their field. Requires a qualifying U.S. petitioner.
E-2	Temporary	Investors who hold citizenship of an E-2 treaty country. Brazilian citizenship alone does not qualify; a Brazilian with qualifying dual citizenship may be eligible.

Our guide on How to Get a Work Visa from Brazil to the U.S. in 2026 explains each of these categories in detail, including requirements, documentation, and processing.

Final Thoughts

Brazil’s 2026 election is an important political event, but it should not be treated as a direct predictor of an individual’s immigration prospects. What will matter far more is the strength of your case, your readiness for consular review, visa availability in your category, and a budget that can absorb currency swings.

The goal is not to predict every political change. It is to build an immigration strategy that is informed, realistic, and suited to your long-term objectives.

Colombo & Hurd works with professionals from Brazil and other countries on employment-based immigration cases, from identifying the right category to preparing the petition. To find out where you stand, complete our free profile evaluation, and our team, which includes Portuguese-speaking professionals, will be in touch.

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Questions Brazilian Applicants Are Asking

Could Lula’s reelection make it harder for Brazilians to immigrate to the United States?

Brazil’s election result does not change U.S. immigration eligibility requirements or impose new restrictions on Brazilian nationals. The U.S. government can independently change immigration policies, however, so applicants should monitor official announcements rather than rely on speculation about the bilateral relationship.

Should Brazilians wait to start an EB-2 NIW or EB-1A petition?

Candidates who already meet the requirements and have sufficient supporting evidence may benefit from beginning the process rather than waiting for political certainty. However, the decision should be based on the strength of the case, the applicant’s goals, and the applicable filing and visa-availability rules.

Can a Brazilian apply for an E-2 visa?

Brazilian nationals cannot qualify based on Brazilian citizenship alone because Brazil is not an E-2 treaty country. A Brazilian with a second passport from a qualifying E-2 treaty country may be eligible if the other requirements are met.

Can the U.S. government change immigration rules after a petition is filed?

Yes, immigration laws, regulations, policies, and procedures can change. The effect on a pending or approved case depends on the nature of the change, the relevant legal provisions, any applicable effective dates or transitional rules, and the applicant’s circumstances. An attorney can assess how a particular development affects an individual case.

Will a stronger dollar make immigration more expensive?

It can. When the dollar appreciates against the real, dollar-denominated expenses generally require more reais. The impact is particularly significant for substantial investments, such as those involved in the EB-5 program, but it can also affect legal fees, government filing fees, and other expenses.