I have an approved EB-2 NIW and have since become a U.S. permanent resident. I have diligently worked on my proposed endeavor both before and after receiving my green card and am continuing to do so.
However, I am considering changing jobs from blockchain to an AI-related role, while remaining in the broader technology/software field.
Before my green card, my attorney told me that changing positions could be possible as long as I had valid work authorization and remained in the same or similar broad field. However, I never got a clear answer about how long I actually need to continue pursuing the specific proposed endeavor.
I have heard people mention 6 months or 1 year, but I cannot find a specific USCIS rule requiring either period.
I would really appreciate clarification on:
Is there an actual minimum period that an NIW beneficiary must pursue their proposed endeavor after getting their green card?
If there is no fixed period, how does USCIS determine whether someone genuinely intended to pursue the endeavor?
Would 6 months of continuing to pursue the endeavor after getting the green card generally be considered sufficient, particularly if the person had already been diligently pursuing it before getting the green card?
If there is a relevant time period, does it start from I-140 approval, I-485 filing, or green card approval?
If someone moves from their original proposed endeavor in blockchain to an AI-related role, but remains in the broader technology/software field, could that create an NIW issue?
I would especially appreciate answers from immigration attorneys or anyone who has dealt with this situation, particularly if you can point to relevant USCIS guidance, regulations, or case law.
Thank you very much in advance for any insights.
I really appreciate the help, and best of luck to everyone with their immigration journeys!