Can the EB-3 be based on own business?

The EB-3 visa is an immigration option for skilled workers, professionals, and other workers who have a permanent, full-time job offer in the United States. A common question is whether it is possible for this visa to be based on one’s own business, that is, whether the applicant can self-sponsor through their own enterprise.

In the context of the EB-3, the basic rule is that the process must be sponsored by a U.S. employer. This means that, to qualify, it is necessary to have a formal job offer from a company demonstrating the need to hire a foreign employee, also proving that there are no available American workers to perform that role.

Thus, the EB-3 does not allow the applicant to use their own business as the basis for the petition, as the predominant understanding is that the petition should come from an employer hiring someone for a permanent position.

For those interested in immigrating through investment or entrepreneurship, other pathways are available, such as the EB-5 visa, which is aimed at investors who create jobs through investments in a new enterprise, or even the EB-2 with the National Interest Waiver, in specific cases that meet the national interest requirements.

Each of these categories has its own rules and requirements, so it is important to analyze which fits best the applicant’s profile and situation. Following U.S. immigration law is essential, so it is prudent to seek information through official sources and avoid falling for easy promises or scams that could compromise your plans.

If any doubts arise or a more detailed analysis is needed, consulting specialized professionals is an important step to ensure that all legal requirements are properly met.

In summary, the EB-3 cannot be based on own business, since it requires a job offer from an established employer in the United States. Staying well informed and following legal guidelines is fundamental for success in the immigration process.

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.