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I'm a UK citizen that has been looking at EB-1A all week (because of Brexit), I'm now sure I do not want to continue living here if we in fact do withdraw from

I'm a UK citizen that has been looking at EB-1A all week (because of Brexit), I'm now sure I do not want to continue living here if we in fact do withdraw from the EU. My questions: - How many of the 10 criteria must you actually satisfy? Is it a binary decision, i.e. proving 3/10 is the same as is the same as satisfying all 10. Is a positive decision 100% guaranteed is at least 3 criteria are proved satisfactorily? - What is the standard of proof? - When would my obligation to complete a IRS tax return begin, i.e. is it when the consulate adds an MRIV I-551 to my passport, when I arrive in the US an immigrant and CBP endorses it, or another time. This might impact when I would apply. - How long would the EB-1A process take, how long does it take for a permanent resident to sponsor a spouse, can these applications happen concurrently, and are both categories current? - What are the indicative costs?

proberts 10y ago
All good questions, responded to in order: - it can be enough if one meets 3 of the criteria but even if one meets 3 criteria there's an additional subjective requirement of extraordinary ability but in my experience, if one clearly meets 3, his or her application will be approved - the legal standard is a preponderance of the evidence but the actual standard as applied is pretty inconsistent and can seem arbitrary but even with this, in my experience, if the case is strong, it's rare that an application isn't approved. - sorry but I can't answer tax related questions - the EB1A category is current for all nationalities and at present the entire process (which can include the spouse) can take as little as 3 months and as long as 8 months (excluding RFEs) - see response to previous text but the range can be wide, on average $5,000 to $15,000
DrJokepu 10y ago
I am not an immigration lawyer or a tax advisor, that being said, I am familiar with the process. You become permanent resident when the CBP officer stamps the MRIV on arrival. From that point on you have the same tax obligations as any other US person. That being said, you should probably consult an actual US immigration lawyer.
- mbesto 10y ago
  This. I've dealt with tax issues between GB and US. Long story short - it's hairy...get some professional advice.
jacquesm 10y ago
I wonder how many people are roughly in your situation and researching the same options.
- samwillis 10y ago
  My wife and I are for one, there is so much discontent within our generation over what has happened... We are seriously considering between the US, Canada, Ireland (she's Irish by birth) and Scotland (in anticipation of it leaving the UK and joining the EU).
- MichaelGG 10y ago
  If they don't want to be in the UK because it's not part of the EU, why would they consider the US, which is also not part of the EU?
  - matthewmacleod 10y ago
    I think the problem isn't so much being part of the EU as it is not being part of an isolated UK. I must admit I'm in much the same boat - remaining in London is a lot less attractive if lots of the jobs are going to dry up (when companies relocate to the EU) - in that case, the US begins to look more attractive; it's an English-speaking country with lots of tech opportunities.
    - sunshiney 10y ago
      Why would companies leave? Is not there benefit to waiting and seeing how the dust settles? I have lived long enough to know that any change is always disruptive and after time passes the initial reactions also pass.
      - pbowyer 10y ago
        Financial companies have a large incentive to leave if the passport scheme, which allows them to sell their services in the EU, isn't retained in its current form. Other companies - if you do business with the EU, and the trade agreement isn't so favourable, then relocating again makes sense. There is benefit in waiting, but companies will be planning for the worst-case scenarios.
marymkearney 10y ago
Hi, my sympathies about the Brexit thing, I can see why you'd be looking around. I think Peter summed this up nicely. To elaborate a bit on the 10 criteria: -It's not binary. The more high-quality evidence you provide, in more categories, the "bigger" you look, and the better your chances of success. -It's not 100% guaranteed if you meet the minimum 3, because the adjudication is very subjective. Your aim is to create an overall impression of achievement, recognition, prominence, and impact on your field - and to do that within their 8 narrow, arbitrary evidence categories. -While more categories generally are better, it will hurt the case to throw in low-quality evidence (i.e., employee-of-the-month awards, hyperlocal news stories) just to add another category. Basically bad evidence makes you look small, which is the opposite of what you want. -You can start right away, compiling evidence of the cool work you're doing, plus its impact on your field and how it makes peoples' lives better. Get some media coverage. Enter some contests. Judge some contests. Write some articles. HTH clarify a bit.

proberts 10y ago

All good questions, responded to in order: - it can be enough if one meets 3 of the criteria but even if one meets 3 criteria there's an additional subjective requirement of extraordinary ability but in my experience, if one clearly meets 3, his or her application will be approved - the legal standard is a preponderance of the evidence but the actual standard as applied is pretty inconsistent and can seem arbitrary but even with this, in my experience, if the case is strong, it's rare that an application isn't approved. - sorry but I can't answer tax related questions - the EB1A category is current for all nationalities and at present the entire process (which can include the spouse) can take as little as 3 months and as long as 8 months (excluding RFEs) - see response to previous text but the range can be wide, on average $5,000 to $15,000

DrJokepu 10y ago

I am not an immigration lawyer or a tax advisor, that being said, I am familiar with the process. You become permanent resident when the CBP officer stamps the MRIV on arrival. From that point on you have the same tax obligations as any other US person. That being said, you should probably consult an actual US immigration lawyer.

mbesto 10y ago
This. I've dealt with tax issues between GB and US. Long story short - it's hairy...get some professional advice.

jacquesm 10y ago

I wonder how many people are roughly in your situation and researching the same options.

samwillis 10y ago
My wife and I are for one, there is so much discontent within our generation over what has happened... We are seriously considering between the US, Canada, Ireland (she's Irish by birth) and Scotland (in anticipation of it leaving the UK and joining the EU).
MichaelGG 10y ago
If they don't want to be in the UK because it's not part of the EU, why would they consider the US, which is also not part of the EU?
- matthewmacleod 10y ago
  I think the problem isn't so much being part of the EU as it is not being part of an isolated UK. I must admit I'm in much the same boat - remaining in London is a lot less attractive if lots of the jobs are going to dry up (when companies relocate to the EU) - in that case, the US begins to look more attractive; it's an English-speaking country with lots of tech opportunities.
  - sunshiney 10y ago
    Why would companies leave? Is not there benefit to waiting and seeing how the dust settles? I have lived long enough to know that any change is always disruptive and after time passes the initial reactions also pass.
    - pbowyer 10y ago
      Financial companies have a large incentive to leave if the passport scheme, which allows them to sell their services in the EU, isn't retained in its current form. Other companies - if you do business with the EU, and the trade agreement isn't so favourable, then relocating again makes sense. There is benefit in waiting, but companies will be planning for the worst-case scenarios.

marymkearney 10y ago

Hi, my sympathies about the Brexit thing, I can see why you'd be looking around. I think Peter summed this up nicely. To elaborate a bit on the 10 criteria: -It's not binary. The more high-quality evidence you provide, in more categories, the "bigger" you look, and the better your chances of success. -It's not 100% guaranteed if you meet the minimum 3, because the adjudication is very subjective. Your aim is to create an overall impression of achievement, recognition, prominence, and impact on your field - and to do that within their 8 narrow, arbitrary evidence categories. -While more categories generally are better, it will hurt the case to throw in low-quality evidence (i.e., employee-of-the-month awards, hyperlocal news stories) just to add another category. Basically bad evidence makes you look small, which is the opposite of what you want. -You can start right away, compiling evidence of the cool work you're doing, plus its impact on your field and how it makes peoples' lives better. Get some media coverage. Enter some contests. Judge some contests. Write some articles. HTH clarify a bit.