Learn what happens if your project or startup changes after filing your US visa petition. Discover rules for EB-2 NIW, employer changes, and how to maintain your approved I-140 status.
You filed your visa petition six months ago. Your startup was focused on renewable energy storage. You had investors lined up. Everything looked perfect.Now things have changed.Your main investor pulled out. Your technology pivot shifted from batteries to solar. Or maybe you joined a different company entirely.Panic sets in. Will USCIS deny your petition? Did you waste months of work and thousands of dollars?Take a breath.The court specifically noted that many innovations and entrepreneurial endeavors may ultimately fail in whole or in part despite an intelligent plan and competent execution, and USCIS does not require petitioners to demonstrate that their endeavors are more likely than not to ultimately succeed Scott Legal.Changes don't automatically kill your case. The question is what changed and whether it affects your eligibility.Worried about how changes to your startup or project affect your visa petition? Book a consultation with Beyond Border and we'll assess your specific situation and determine the best path forward.
The EB-2 NIW is different from employer sponsored visas.Your EB-2 NIW National Interest Waiver approval is not tied to one particular job and you are allowed to change your job as long as you continue working in the same field of endeavor under which your work has been defined in the national interest Aria Law Group.This flexibility is huge. It's why entrepreneurs love NIW.For an EB-2 NIW National Interest Waiver case you are the petitioner as well as the beneficiary of your case so the approval belongs to you, and your case will not be denied or revoked by USCIS even if you change employers Aria Law Group.The petition isn't tied to a specific company. It's tied to your proposed endeavor and field of work.
You must work in the same or similar field of your approved I-140 petition, which is the intrinsic benefit of EB-1A and EB-2 NIW self petitions US Immigration Forums.USCIS defines fields very generously so as long as you are working in a related field of research there should be no issue Aria Law Group.Let's say your NIW was for developing AI in healthcare. Moving from diagnostic imaging to drug discovery? Probably fine. Both involve AI and healthcare.Switching from AI healthcare to restaurant management? That's problematic. A completely different field.If you are an R&D engineer it is recommended that you change jobs that have significant R&D components, as it may be risky if you change jobs to be a production engineer for instance US Immigration Forums.The core nature of your work matters more than job titles.
Let's get specific about startup changes after petition filed.If you have an established business that has created lots of jobs and had a strong economic impact this could be a good basis for a National Interest Waiver case, and it is also possible to apply for an NIW if you have an idea for a startup and your business is not fully established yet Scott Legal.USCIS understands startups evolve.
Your original plan focused on B2B sales. Now you're pivoting to B2C.The AAO approved a case for a self employed entrepreneur for veteran services who submitted a business plan for his proposed company including types of services, fee structures, marketing strategies, operating budget, financial statements and a list of potential clients Scott Legal.The underlying mission remained helping veterans. The execution changed. That worked.If your core national interest argument stays intact, business model changes typically survive scrutiny.
You started building hardware. Now you're focused on software.As long as you're solving the same problem or serving the same national interest, technology shifts are defensible.Your NIW argued you'd advance renewable energy. Hardware or software, you're still advancing renewable energy.
Your target customers shifted. You originally aimed at hospitals but now target insurance companies.If both serve your stated national interest, you're fine. Healthcare cost reduction benefits America whether hospitals or insurers buy your product.Considering a major pivot to your startup? Beyond Border can review your changes and advise whether they affect your petition validity.
If the national interest waiver was granted based on the beneficiary's contributions to the particular company the original employer that filed the petition, the I-140 NIW approval would no longer be valid to qualify him for a green card Scott Legal.This happens more with employer filed NIWs than self petitions.For example a company filed an I-140 NIW petition for a beneficiary who has exceptional ability in the industrial molding process, the petition was approved but the original company closed down its business, and subsequently the beneficiary was hired by a competitor in the same industry to work in industrial molding Scott Legal.There may be an argument that the I-140 NIW approval is still valid if the national interest waiver was granted based on the beneficiary's contribution to the industry which can be utilized by another employer Scott Legal.The distinction matters. Industry contribution versus company contribution.
You got your NIW for medical device engineering. Now you want to open a bakery.That won't work. Different fields. Different national interests. Different skillset.You'd need to file a new petition for the bakery with entirely new arguments.
Your NIW said you'd develop clean water technology. You got approved.Then you decided to become a real estate investor instead. You stopped all water work.USCIS could argue you abandoned your proposed endeavor. Your I-140 might not support your I-485 adjustment.Stay in your field. Continue your endeavor. That's the deal.
Write down what changed and why. Business pivots need justification.Keep evidence showing your new direction still serves national interest. New patents, publications, customer contracts, funding, partnerships.Documentary evidence for EB-2 NIW startup founders includes awards or grants from government entities especially with expertise in economic development, recognition for achievements, support from incubators or accelerators, patents, published materials or media coverage, and revenue generation or job creation Shoreline Immigration.Build the paper trail now. Don't wait for USCIS questions.
This is a complex area of the law so we highly recommend consulting the advice of an experienced immigration lawyer to help you determine the way forward in cases like this Scott Legal.Don't guess. Small details determine whether changes work or not.An attorney can review your original petition, analyze your changes, and advise on risk level.
If changes are significant but defensible, consider submitting supplemental evidence to USCIS.An updated letter explaining the evolution of your work. New evidence supporting continued national importance.This proactive approach shows good faith and strengthens your case.
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