Things That Immigration Attorneys Wants You To Know Before Your EB-3 Immigrant Visa Process – Work Visas
The EB-3 is an
employment-based third preference immigrant visa for skilled
workers, professionals and unskilled workers
(other workers).
EB-3 visas permit full-time work for unskilled jobs that require
less than two years of experience and training. Workers can obtain
permanent residency with an EB-3 visa, provided they find an
employer to sponsor them for a job and the application is approved.
Every year, up to 10,000
visas are granted to unskilled workers through the EB-3 green card
program for unskilled labor.
We sat down with attorneys Bita Lak and Hanna Pluta from Global
Immigration Associates, as well as Chris Richardson, COO and
general counsel at BDV Solutions, to address
questions that immigration attorneys want individuals to know
before the EB-3 process.
EB-3 Visa: Frequently Asked Questions
I am currently living outside of the U.S. Am I still eligible
to apply for EB-3 unskilled worker?
Yes. However, additional fees will apply for consular processing
of an EB-3 visa (National visa Center fee). It’s also important
to consider that the EB-3 immigrant visa process can take several
years in total. BDV Solutions offers individuals pathways to
immigrate to the U.S. through the EB-3 immigrant
visa process.
I have a bachelor’s or advanced degree (master’s or
Ph.D.). Am I still qualified to apply for EB-3 unskilled
worker?
Yes. The minimum requirements for an EB-3 unskilled worker are
to demonstrate the ability to perform unskilled labor (requiring
less than two years training or experience) that is not of a
temporary or seasonal nature.
While possession of higher education credentials may make
someone eligible for an EB-2 or EB-1, they would also still be
eligible for the EB-3. Check out this explainer
from BDV Solutions for more information!
Do I have to have my attorney present at the time of my
Adjustment of Status interview?
No, but the presence of an immigration attorney at the
Adjustment of Status interview is preferable. The adjudicating U.S.
Citizenship and Immigration Services (USCIS) officer will direct
all questions at the applicant in the interview, but the attorney
may provide clarifications throughout the course of the
questioning.
Additionally, the attorney can help prepare the applicant for
the interview by practicing the common questions and answers prior
to the interview.
Can I include my spouse and my children as my dependents in my
EB-3 case? If so, what are the requirements?
Yes. Eligible dependent family members can file for a green card
along with the applicant during the I-485 stage of the process.
Dependents eligible to apply for a green card at that time would be
an applicant’s spouse and any unmarried children under the age
of 21.
Can I include my spouse and my children as my dependents in my
EB-3 case, even though I live in the U.S., and they live outside of
the U.S.?
Yes. After the I-140 petition is approved, the applicant’s
spouse and unmarried children under the age of 21 may be eligible
to apply for admission to the U.S. through a U.S. consulate
abroad.
I am under H-1B status. Am I eligible to change my
non-immigrant status to immigrant-status, EB-3 unskilled
worker?
Yes, the applicant is eligible to change from a non-immigrant
status to the approved immigrant status.
“Often times individuals on H-1B status remain in the U.S. for
a significant period and may risk running out of options. In that
case, the EB-3 unskilled visa can be a solution,” says
Richardson.
Can I premium process my Form I-765 and my Form I-131
(Employment Authorization Document) once I file for Form
I-485?
No, premium processing is not available for Form I-765 or Form
I-131.
I am under F-1 status. Can I drop school once my Form I-140 is
approved and I receive my Form I-485 receipt notice? Can I still
stay in the U.S. until my Form I-485 or green card petition is
approved?
Yes. An applicant may drop out of the F-1 status if Form I-140
is approved and the applicant receives I-485 receipt notice.
However, once an applicant drops out of school, they cannot
maintain F-1 status anymore, but they can stay in the U.S. legally
based on the pending Adjustment of Status (AOS). For this reason,
if the AOS is denied in the rare event, the applicant would need to
leave the country immediately. BDV Solutions is available to
assist directly with transitions like these.
How soon can I start working for my sponsoring employer?
You may start work as soon as your I-765 application is
approved, and you receive your Employment Authorization Document
(EAD) Card.
Can I expedite my consular processing case?
An applicant may be able to expedite the consulate processing by
submitting a request to the National Visa Center (NVC).
Documentation would need to be provided to the NVC explaining the
reason for the expedite (emergencies and urgent humanitarian
reasons).
“The ability to expedite a consular case is on a
case-by-case basis. While certainly possible, NVC only expedites an
appointment if there is a true, urgent need for the applicant to be
in the U.S,” says Richardson.
When should I submit my I-693 medical exam? Can I interfile
it?
An applicant can submit Form I-693 medical exam at the time of
filing Form I-485. They may also wait for USCIS to issue a Request
for Evidence (RFE) concerning the medical exam and then submit it
to USCIS. This course of action is preferred in some cases because
the medical exam document can get lost in an interfiling, in which
case the applicant needs to resubmit the medical exam.
Can I port to a new employer while my I-485 remains
pending?
An applicant can change the sponsoring employer if:
- Applicant’s Form I-140 has been approved or is going to be
approved when filed concurrently with Form I-485; - Applicant’s Form I-485 has been pending for at least 180
days or more, and; - The new job is “same or similar”
To port an eligible pending Form I-485, an applicant needs to
file Form I-485J with USCIS.
Pursuing the EB-3 Immigrant Visa
The EB-3 visa can be a valuable option for foreign individuals
of all backgrounds seeking a pathway to live and work in the U.S.
If you are interested in learning more about the EB-3 visa, Envoy
Global and the team at BDV Solutions are ready to help! Go to
bdvsolutions.com to get
started.
Originally published JULY 13, 2022
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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