advanced green card issues v1

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Brown Immigration Law LLC

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Page 1: Advanced green card issues v1

Brown Immigration Law LLC

Page 2: Advanced green card issues v1

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

Page 3: Advanced green card issues v1

• 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

Page 4: Advanced green card issues v1

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

Page 5: Advanced green card issues v1

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

Page 6: Advanced green card issues v1

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

Page 7: Advanced green card issues v1

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

Page 8: Advanced green card issues v1

Any Questions?Please start typing on the web-chat or email

[email protected] after the presentation

Page 9: Advanced green card issues v1

Brown Immigration Law LLCServing your Best and Brightest