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nandin123

Company Sponsored NIW

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Hi Users, 

My employer filed for a "company-sponsored" NIW, essentially meaning the employer is the petitioner and I am the beneficiary. I have two questions and was wondering if someone can help:

1. Once my company sponsored NIW is approved, do I have to stay with the employer for 180 days before changing jobs or that rule is not applicable for NON PERM I-140 and I am free to move right after the I-140 is approved?

2. The company lawyers filed my NIW specifically in one industry based on my research experience and national importance of this field. Is it possible that I can use that I-140 to work for a different industry but when I am ready to file for I-485 (Green card) I switch my industry back to original industry with the same job duty as was initially on NIW?

TIA. 

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There is no such thing as a "company-sponsored" NIW. There is no PERM for NIW, which means there is nobody to sponsor it.

 

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I think the OP refers to what's mentioned under "National Interest Waiver" on this link ("Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker."):

https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2

I don't know the exact legal terms but my company files NIW (or at least fills the forms) for qualified employees, who mostly work at the research lab. I'm not fully aware of the details. The advantage is that the approval is almost 100% guaranteed. 

However, I don't have answers to the questions he posted.

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It was possibly a professional courtesy by the company to file for you and pay for it. If it is NIW EB2, there is no need for a job offer and hence no need to stay for a certain period of time.

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