Drastic change of career after getting GC through self-petitioned EB2 NIW

[ajwba2000 0]

Hi, I have a question. I got my green card through self-petitioned EB-2 NIW way based on my qualifications and experience in scientific research at the time. After getting GC I continued to work in scientific research for about 2.5 years and then I quit it because funding situation got really bad and job prospects were scarce. I ventured into completely different field, which has nothing to do with what I used to do (retail and I also started my own business unrelated to my previous profession). Now, it is time for me to apply for naturalization and I am thinking if it is going to be a problem that I changed my career so drastically. I have read some guidelines and many of them suggest that one should continue the career in the same area for which that person got NIW GC. Here are my questions:

1. Is it really true? I can hardly believe that I should be locked in some career choice for life. What do you think?

2. Can they take my GC away if I apply for naturalization and they did not like the fact I no longer work in the same area? Are there known precedents like that?

3. Should I then get a lawyer involved? Should I try doing it without lawyer first to save money and only involve one if it becomes a problem? Or should I better bring a lawyer with me to the interview in case they try to take my GC away immediately during the interview? Can they do it?

If it helps, all the other requirements are met - physical residency, filing taxes regularly, owning a property, etc.

[BigDaddy28 228]

I don't see why they should deny you if you have a very good reason that made you take that decision. I could be wrong though. Sorry I give you more help.

[JimmyHou 610]

Hi, I have a question. I got my green card through self-petitioned EB-2 NIW way based on my qualifications and experience in scientific research at the time. After getting GC I continued to work in scientific research for about 2.5 years and then I quit it because funding situation got really bad and job prospects were scarce. I ventured into completely different field, which has nothing to do with what I used to do (retail and I also started my own business unrelated to my previous profession). Now, it is time for me to apply for naturalization and I am thinking if it is going to be a problem that I changed my career so drastically. I have read some guidelines and many of them suggest that one should continue the career in the same area for which that person got NIW GC. Here are my questions:

1. Is it really true? I can hardly believe that I should be locked in some career choice for life. What do you think?

2. Can they take my GC away if I apply for naturalization and they did not like the fact I no longer work in the same area? Are there known precedents like that?

3. Should I then get a lawyer involved? Should I try doing it without lawyer first to save money and only involve one if it becomes a problem? Or should I better bring a lawyer with me to the interview in case they try to take my GC away immediately during the interview? Can they do it?

If it helps, all the other requirements are met - physical residency, filing taxes regularly, owning a property, etc.

This is my interpretation based on what I've read... if you want more info, consult a lawyer.

The only substantive difference between the EB2 and the EB2 with a National Interest Waiver (NIW), is that with the latter, you don't need to go through PERM (Labor Certification) through the Department of Labor before applying for your Green Card, Therefore, an EB2 is tied to a particular job, whereas an EB2 NIW is broader and is tied to a particular field of work.

Once you get your Green Card, you are not required to permanently maintain the basis through which you acquired the Green Card. If you went through the EB2 process, you don't have to have the same job when you apply for citizenship. Likewise, if you got your Green Card through marriage, you can apply for citizenship even if you got divorced as a permanent resident. In the same way, an EB2 NIW applicant doesn't have to work in the same field at the time of naturalization. If you think about it, some people maintain their status as permanent residents for decades before applying for naturalization; USCIS doesn't expect you to have the same job, work in the same field, or have the same spouse at that time.

However, for approval, the interviewer has to be convinced that the applicant did not commit fraud while obtaining the Green Card. This means that you can't get an EB2 Green Card when you have a job offer waiting for you at another company and when you intend to switch jobs as soon as you get your card. Likewise, you can't go through an EB2 NIW process when you don't intend to work in your field or go through a marriage-based process when you and your spouse are separated. As long as you can show that your intent at the time of approval was to work in your field, you should be OK. This is subjective, and it's up to the interviewer to decide if your case is convincing enough... some people leave their jobs 3 weeks after approval and have no problems with naturalization (that's an extreme example), while others leave after 2 years and are peppered with questions during the interview. In your case, with 2.5 years working in your field after approval, I think you have a strong case that you did not intend to leave your field at the time you were approved.

Can they take your Green Card away? Yes (eventually). As I mentioned, the issue isn't whether or not you are eligible for naturalization, but whether or not you got your green card legitimately. If you got your green card legitimately, you should be approved for naturalization. If you got it fraudulently, your green card should be taken away (an immigration judge would need to order this, but you could be detained pending review). There's really no scenario in your case where you would be denied naturalization, but still be able to keep your Green Card because the only reason for denial would be an illegitimate Green Card. Based on what you've shared in your post, I think this is extremely unlikely. If there are no other issues you haven't shared, I don't think you should be at all concerned about applying for naturalization.