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Advanced green card issues
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Transcript of Advanced green card issues
Brown Immigration Law LLC
E-1 or E-2 treaty options
TN Status or L-1 border hopping
TPS/Asylee
Derivative work authorization (as spouse of E-2/E-1 or L-1)
May avoid tax consequences and Green Card may be of limited benefit
• NIV Status is reaching its limit• Employment flexibility/looking for stability• Need to qualify children for in-state tuition• Receive work authorization for spouse and children• Seeking U.S. Citizenship• Ability to help other family members immigrate
Consider opportunities for Multinational Manager designation (requirement to have one year of management experience at foreign company followed by a new management position in U.S.)
Can you be reassigned and returned to the U.S.? Are you an Alien of Extraordinary Ability (or can you be in a year’s time)? Are you an outstanding researcher or professor Aliens of Exceptional Ability (especially individuals whose work is in the
national interest) Filing under the Investor Visa – option of regional centers
Only applies to AOS applicants
New employment must be in same or similar occupational classification
Key requirements:1. I-140 is approved or approvable2. I-485 takes 180 or more days to process
Liberally interpreted by USCIS
Keep in mind country of origin is key determining factor – cross-charge option (to your spouse’s country of origin)
You can keep old EB-3 priority date and move to next classification under 2 scenarios with the same employer
Option 1 – get a Master’s in relevant field, and change to “dissimilar” job within same company or change employer
Option 2 - after acquiring 5 years of progressive post bachelor’s experience change to “dissimilar” job within same company or change employer
Reminder – new position must support EB-2 classification
File I-130/I-485 concurrently Requires Affidavit of Support and proof of marriage Mandatory interview Conditional Resident status if interviewed before 2nd marriage anniversary Half the cost and time and not tied one’s employer
Any Questions?Please start typing on the web-chat or email
[email protected] after the presentation
Brown Immigration Law LLCServing your Best and Brightest