In the EB-2 NIW and EB-1A categories, you are the one sponsoring the Green Card. And that means the responsibility of keeping the purpose of the Green Card alive, relevant, and coherent falls entirely on your own steps.
EB-2 NIW and EB-1A are self-petition pathways, intended for highly qualified professionals or individuals with extraordinary abilities. Both waive the traditional employer and the labor certification process.
However, this autonomy requires the immigrant to demonstrate, in practice and on an ongoing basis, that they continue to contribute to what was promised to the U.S. government. And that’s where things get serious.
In the case of the EB-2 NIW, the green card was granted based on a “national interest project.” Therefore, situations such as a drastic change in area of work, prolonged inactivity, or simply abandoning the proposed field can be interpreted as a breach of the original proposal.
This doesn’t lead to immediate revocation, but it weakens the resident’s position if the status is ever questioned in future processes, such as a citizenship application or a reentry after a long absence.
As for the EB-1A, the focus is on “sustained acclaim.” In other words, past awards are not enough. One must show that professional activities remain relevant and are based in the U.S. Long periods outside the U.S., failure to file taxes as a resident, or inactivity in the field can all be used as evidence of abandoning lawful permanent residency.
With that in mind, it’s important to emphasize that the Green Card is not a lifetime promise. It assumes permanent residency in the U.S, and that means more than just having an address. It includes fulfilling obligations such as filing taxes properly, carrying a valid document, notifying USCIS of address changes, and maintaining ties with the purpose that justified the grant.
Many immigrants believe that once approved, they’re off the radar. That’s a big mistake.
The risk doesn’t lie only in direct punishment, but in everyday situations. An international trip, a reentry permit application, a renewal, or a naturalization interview can trigger a retroactive review.
Therefore, anyone who chooses self-petition must be prepared to sustain their own Green Card.
Of course, we’re not talking about absolute rigidity, after all, changes are natural. But they need to align with the professional path originally validated. And more than that, they must be documented.
The merit-based Green Card is an achievement. And maintaining that merit demands planning and the awareness that, in the end, the sponsor is now the immigrant themselves.
Luciene Grubbs | Founder