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The Importance of Employment for NIW based I-485 Application Approval

Dr. William:

My NIW based I-140 application was approved, and the I-485 application is pending. Is it a problem for my I-485 approval if I am unemployed at the time of the I-485 processing?

Answer:

For your I-485 application to be approved under NIW based I-140 petition, you should establish the prospective national benefit to the U.S. national interest after obtaining the green card approval, even the Labor Certification was waived for the NIW category.

If you can not find job after the NIW I-140 approval, the USCIS may ask evidence of prospective national benefit to the U.S. national interest by requiring proof of your employment in the same field of work for which the NIW was approved, then you may have problem to get I-485 application approval.




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