The published requirements do not turn on a residential address. An applicant must be eligible for lawful permanent residence, admissible, complete the application and fee, pass vetting, make the gift when instructed, and receive an EB-1 or EB-2 determination subject to visa availability. Residence affects logistics; it does not replace any of those elements.
Request an availability opinion early
Ask counsel for a written view on how visa availability is likely to bear on this case, including what facts that assessment depends on and what could change it. An answer that arrives before the fee is paid is worth far more than the same answer six months later. If the attorney says the position cannot be predicted, ask what would make it clearer and when.
Record the response with the rest of the file. Ask counsel for a written view on how visa availability is likely to bear on this case, naming the facts the assessment depends on and what could change them. An answer obtained before the fee is paid is worth far more than the same answer six months later, and where the attorney says the position cannot be predicted, ask what would make it clearer and when.
The published requirements do not turn on a residential address: the applicant must be eligible for lawful permanent residence, admissible, complete the application and fee, pass vetting, make the gift when instructed, and receive an EB-1 or EB-2 determination subject to visa availability. Residence affects logistics only.