EB2 NIW - DS-260 Current Employer field Issue

[AMK_GO_GO 0]

Hi, 
 

I have recently got EB2 NIW approval.  I have a few queries about my visa process from now onwards :

 

Q1. I recently departed from my previous employment due to complications with the renewal of my contract. While I am currently in the process of interviewing with other prospective employers and anticipate securing new employment soon, it is important to note that my professional documentation is not current at present and may require up to six months for renewal.

As I prepare to complete the DS-260 form, which includes a section on current employment details, I will need to indicate 'not applicable' as I am presently not employed. However, I am confident that I will secure employment by the time my interview with the embassy is scheduled.

I am curious whether being currently unemployed might affect my eligibility for an interview with the embassy, or if they will still proceed with scheduling an interview regardless of my current employment status

 

Q2. What are the potential implications if I transition my career into a different industry from my approved field of EB2 NIW? Could my visa application be rejected during the interview process due to my employment in a different field?

 

Your kind advice is required on this issue.

 

Thanks

 

[randomstairs 270]

A1: Your unemployment status should not affect the likelihood of getting to the interview. 

A2: 

1 hour ago, AMK_GO_GO said:

What are the potential implications if I transition my career into a different industry from my approved field of EB2 NIW?

You should NOT change your field of concentration from the one your NIW was approved for. Yes, your visa could be rejected if you change the industry (the field of concentration). 

[AMK_GO_GO 0]

@randomstairs How can you be  you be certain about answer 1? Can you share the relevant clause, link or source for this understanding?

 

Thanks

[randomstairs 270]

2 hours ago, AMK_GO_GO said:

@randomstairs How can you be  you be certain about answer 1? Can you share the relevant clause, link or source for this understanding?

 

Thanks

The whole point of the National Interest *Waiver* is that "...the job offer, and thus the labor certification, be waived..." https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2 So being unemployed does not preclude you from satisfying the EB2-NIW criteria. The USCIS Policy Manual is referring to: "See INA 203(b)(2)(B)(i). See 8 CFR 204.5(k)(4)(ii)." Also see the Policy Manual, section D  : https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-5

 

Now, I'm not saying that you are guaranteed to be approved at the interview. All I'm contending here is that the interview is very unlikely to get canceled just because you're currently unemployed. In the past, for a period of time, getting an Immigrant Visa did require that you demonstrate that you won't be a "public charge." This is still the law, but you don't usually have to prove that you are in financially good standing.  

Edited March 21 by randomstairs

[AMK_GO_GO 0]

Thanks for the response.

Also please confirm if it is binding on me to work on an approved field of work in the USA only, to get a greencard? otherwise, I will become ineligible to get a green card?

After how much time reaching to the USA I will get handed over my greencard?

[randomstairs 270]

11 hours ago, AMK_GO_GO said:

Thanks for the response.

Also please confirm if it is binding on me to work on an approved field of work in the USA only, to get a greencard? otherwise, I will become ineligible to get a green card?

After how much time reaching to the USA I will get handed over my greencard?

You should not change the field of concentration, regardless of the country. It is risky, but actually legally binding. It could raise a concern that you no longer are an alien in national interest, or, worse, that you misrepresented yourself.

 

When you enter the US on an IV you become a Permanent Resident, with all the rights you're entitled to. The GC will then arrive in mail in a couple of weeks.