Can I be a partner in an American company and hire myself through the EB-3?

The EB-3 visa is one of the employment-based immigration options in the United States, aimed at professionals, skilled, and unskilled workers. Generally, this visa requires a genuine job offer made by an American company that proves the need to hire foreign labor to perform a permanent role.

The relationship between employer and employee must be clear and well-defined, ensuring that the employer has the authority to supervise and direct the beneficiary’s work. When it comes to the possibility of being a partner in an American company and, at the same time, being hired by it through the EB-3, caution is necessary.

EB-3 precedent shows that the job offered must reflect a genuine employer-employee relationship, without conflicts of interest that may indicate self-employment. If you are a partner or have ownership in the company, there may be questions regarding the independence of the job offer, since acting as a partner may suggest influence or control over the company’s operations, raising doubts about the authenticity of the employment relationship, a fundamental criterion for visa approval.

Each case has its particularities, and immigration authorities’ analysis will consider factors such as the level of control exercised and the real need for hiring under a traditional professional relationship. Thus, self-hiring, even in a company in which you are a partner, tends to be viewed with caution because the EB-3 was not designed for situations where there is an overlap between financial interests and the employment obligation typical of a traditional relationship.

Therefore, it is essential to seek specialized guidance to evaluate your case individually and structure the job offer according to formal requirements. It is crucial to follow immigration laws and avoid simplistic proposals that do not consider the complexity of the process.

In summary, partnership interest may complicate the characterization of a genuine employment relationship for EB-3, making the guidance of a specialist essential to ensure compliance with legal requirements.

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.