I’m wondering about one thing regarding EB-2 NIW: if you obtain this status by filing on your own without an attorney, do you then have to work specifically in the specialty you listed on the I-140? Is that monitored or checked later?
I looked into this too — are there any obligations to start working specifically in the field listed on the I-140, or are there concrete deadlines by which someone who received an NIW has to be working? There isn’t strict monitoring; it’s not an employment visa tied to an employer. But the point of the NIW is that you convinced USCIS that work in your field is in the national interest. Completely leaving the specialty later isn’t formally prohibited, but they may ask about it during naturalization. The lawyer who helped me with the paperwork said it’s better to maintain at least publications or some other activity in your field for the first five years.
6 Likes
Thanks — I hadn’t thought about the naturalization question. What did the lawyer say about the first few years? Your message got cut off.
6 Likes
After my I-485 was approved I had the same question — do I need to implement the business plan that was in the case (for me it became economically and politically unviable since it was filed), or is it enough to work in the profession listed in the petition. I couldn’t find a clear answer — everyone says there’s no strict enforcement, but nobody can clearly explain what exactly would constitute a violation of the spirit of the NIW.
6 Likes
Regarding the business plan specifically — cancellation because the project didn’t go through, I haven’t heard of a single such case. NIW is not an E-2, where you need a real, operating enterprise with investments. It’s granted for potential, for the fact that your contribution would, in principle, be useful to the country — not as an obligation to open exactly what was in the petition.
6 Likes
Listen, the NIW is granted for potential — for the fact that your contribution will generally be useful to the country, not as an obligation to do exactly what was in the petition. I saw a case where someone switched to an adjacent field after a couple of years, and there were no issues at naturalization. The main thing is that the transition should look logical, not a jump into a completely different area.
6 Likes
imo the scrutiny is weak, but the endeavor statement in the petition is basically your commitment to USCIS. On the N-400 the officer may ask what you do — if you’ve gone into a radically different field, you need a logical explanation for the transition, otherwise you’ll face questions.
6 Likes
there’s no strict oversight. but the endeavor statement in the petition is a sworn document, and on the N-400 the officer checks it against what’s been declared — a radical discrepancy requires a written history of the transition with dates
6 Likes