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The Italian government published in March 2025 a decree-law that redesigned the rules for citizenship by descent, and the change hits hard a popular migration strategy among Brazilians: using a European passport as a gateway to the United States. The new legislation restricts recognition to direct lineage, ending the near-unlimited access that existed under traditional jus sanguinis. For those who planned to combine Italian citizenship with U.S. visas, the situation calls for an immediate reassessment of the available legal alternatives.
What changes in Italian recognition
Under decree-law 36/2025, subsequently converted into law by the Italian Parliament, recognition of citizenship by descent is now limited to two generations. Only children and grandchildren of an Italian citizen born in Italy can apply for the passport directly. The alternative for those outside this threshold is effective residence in Italian territory for at least two years before requesting recognition.
Before the change, proving the line of descent was sufficient, even if the Italian ancestor was a great-great-grandparent. This broad right was considered automatic and unlimited in time, anchored in the legal tradition of jus sanguinis. The Italian Supreme Court is still examining constitutional challenges to the measure, but in practice, administrative and consular processes already operate under the new rules.
Why the Italian passport opens doors
Italy is part of the U.S. Visa Waiver Program. Italian citizens can enter American territory for tourism or business using only the ESTA electronic authorization, valid for two years and allowing stays of up to 90 days per trip. The ESTA fee was increased to $40 starting in 2025.
More relevant for long-term plans, Italy is a signatory to the commerce and navigation treaty that enables the E-2 investor visa. This visa is not available to Brazilians without another citizenship, as Brazil has no equivalent treaty with the United States. With an Italian passport, it is possible to open a company in the U.S., invest a substantial amount, and obtain the E-2, which is renewable indefinitely as long as the business continues to thrive.
Those who already hold Italian citizenship
Anyone whose recognition was completed before the change retains all rights. ESTA use for tourist entries, the possibility of applying for the E-2 as an investor, and access to mobility programs reserved for European nationals all remain valid. The new law does not retroactively affect already recognized citizenships; the impact falls exclusively on pending processes or those not yet initiated.
Families that had already gathered documentation and booked consulate appointments may be caught off guard by the shift in criteria. At some Italian consulates abroad, queued cases were reassessed under the new rule, and descendants of great-grandparents and beyond received administrative denials. Litigation has become a common path among firms specializing in Italian citizenship, though the final outcome depends on the Constitutional Court’s ruling.
Direct alternatives for immigrating to the U.S.
The good news is that Italian citizenship was never the only route to living in the United States. There are permanent immigration pathways that require no intermediate passport and serve a wide range of professional profiles. Understanding these options is essential for those whose Plan A stalled with the Italian decree.
EB-2 NIW for professionals
The EB-2 NIW — National Interest Waiver — allows professionals with a postgraduate degree or exceptional ability to self-petition for a green card without a job offer or PERM labor certification. The petitioner must demonstrate that their work has substantial merit, national importance, and that their approval benefits the United States. Fields such as technology, science, healthcare, education, and infrastructure often present strong arguments under the Matter of Dhanasar decision criteria.
Unlike the Italian route, the EB-2 NIW can be filed directly from Brazil through consular processing. In mid-2025, average I-140 processing times ranged from eight to sixteen months, and the Visa Bulletin maintained favorable priority dates for most countries, with the exception of India and China.
EB-1 for extraordinary profiles
The EB-1A serves foreign nationals with extraordinary ability demonstrated by sustained international recognition, while the EB-1C covers multinational executives and managers transferred from a foreign company to a U.S. subsidiary. Both allow self-petition (in the case of EB-1A) or fall under employer sponsorship, and generally offer faster priority dates than other EB categories.
EB-5 for investors
The immigrant investor program requires a minimum investment of $1.05 million in a U.S. company, or $800,000 in projects located in a Targeted Employment Area, rural area, or infrastructure project, with the creation of at least 10 direct jobs for U.S. workers. It is the most expensive route, but requires neither academic qualifications nor a job offer.
Family-based routes
Spouses, parents, children, and siblings of U.S. citizens can be petitioned through Form I-130. IR categories (immediate relatives of citizens) have no numerical queue, while F categories face waiting times ranging from two to twenty years depending on the relationship and the beneficiary’s country of origin.
How to recalibrate your immigration plan
Those who relied exclusively on Italian recognition to access the E-2 or ESTA need to evaluate two distinct scenarios. In the first, two years of residence in Italy remains a legal route to European citizenship, but requires a complete reorganization of life, finances, and time. In the second, it makes sense to pursue the American path directly — with no European stopover — especially for professionals whose profile already fits employment-based or merit-based immigration categories.
The Italian passport remains a valuable asset for those who hold it. But a global migration strategy must be built around personal qualifications, available resources, and a realistic timeline. For many Brazilians who viewed Italy as a logistical bridge, the EB-2 NIW is proving to be faster, more affordable, and less vulnerable to political shifts in the Old Continent.
Victoria Harper
Editor-in-Chief
Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.
