Eligibility must be established at filing, including the qualifying relationship. An anticipated ownership change cannot simply be described as completed; counsel needs to assess the existing structure and actual transaction terms.
Coordinate evidence with the transaction
Track signing, conditions and effective ownership dates, then collect the records that prove the structure relied upon. If the deal changes during preparation or review, update counsel immediately. Government processing, any visa procedure and admission remain separate from closing.
Avoid making an unconditional U.S. work start commitment based solely on the seller’s transaction schedule. The first review should produce a chronology showing which facts exist at each proposed filing date.
Track signing, the satisfaction of conditions and the effective ownership date separately, because they are frequently different days and only the last establishes the structure. Eligibility must be established at filing, so an anticipated ownership change cannot be described as completed, and a petition prepared against a structure that has not yet come into existence will need rebuilding. Ask counsel to identify what could still change the structure between signing and closing, and what the effect would be, so the answer is known in advance.
If the deal terms move during negotiation, return the revised structure for assessment rather than assuming earlier advice survives, since price adjustments frequently arrive alongside changes to who owns what.