QUESTION

Will accepting a job offer violate the conditions of my visa approval?

Asked on May 05th, 2023 on Immigration - New Hampshire
More details to this question:
My I-140 (EB2 NIW) visa was approved for my proposed work on the synthesis of semiconductor materials, and my field of study/work is Materials Science (I have a PhD). I am interested in a job position (Title: R&D Modeling and Simulation Engineer) with the following requirement - Ph.D. in Mechanical Engineering, Aerospace Engineering, Engineering Mechanics, Material Science Engineering, or equivalent field is preferred. This job has nothing to do with semiconductors, but requires an engineering background to which Materials Science is inclusive. Will accepting a job offer for the position put me in trouble with the USCIS and/or violate the conditions of my employment visa (and permanent residency)? Thank you!
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
In an EB-2 NIW case, USCIS may consider whether the applicant will be working in the field of national interest. If it becomes apparent prior to the approval of permanent residence that the applicant will not, that is grounds for USCIS to send a notice of intent to revoke the I-140 petition or to deny the adjustment of status or immigrant visa. If you have already attained your permanent residence, USCIS would probably not know about your change of field unless someone notifies the agency or it is disclosed if and when you apply for naturalization. Time may also play a hand in this if you have already attained permanent resident status and worked in the field of national interest for a period of time, e.g. six months after the grant. In such case, you would likely be seen to have shown the requisite intent to work in your field at the time you received your resident status. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on May 21st, 2023 at 1:32 PM

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