Can I already be living in the US with a student visa and apply for EB-3?

When considering the possibility of applying for the EB-3 visa while in the United States on a student visa, it is important to understand that each status serves different purposes and there are nuances to be evaluated.

Firstly, the F-1 visa – used by international students – is a non-immigrant visa and therefore does not presume a prior intent to live permanently in the US. On the other hand, the EB-3 is an immigrant visa that leads to permanent residence, which means the applicant must demonstrate the intention to settle permanently in the country.

This contrast can cause complications, especially if the entry and stay history is linked to a visa that requires complying with certain temporary conditions. It is indeed possible for a person in the US on a student visa to begin the adjustment of status process for EB-3, but this requires a thorough evaluation of the individual case.

Factors such as the need to maintain current status, the specific EB-3 requirements (for example, a permanent job offer from a qualified American employer), and the timing of initiating the transition are crucial to ensure the procedure occurs within legal parameters. Changes of status often require special care to avoid violating the conditions of the F-1 visa and to prevent future immigration issues.

It is always recommended that, when considering a change in immigration category, the individual seek detailed and updated information about the requirements and procedures involved. Consulting with immigration professionals is advised, in addition to paying attention to the guidelines of the United States Citizenship and Immigration Services (USCIS). This way, it is ensured that all processes comply with current immigration laws and the risk of falling victim to scams or miracle promises is avoided.

Remember that each case has particularities, and following the correct rules and guidance is essential for a safe and legal status transition. This way, you will be better prepared to make informed decisions and maintain your lawful status in the United States.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.