Can the EB-3 be considered “marriage fraud”?

The EB-3 visa is intended for skilled, unskilled workers, and professionals who have a job offer in the United States, being tied to the sponsoring employer and the need for a formal labor market. This type of visa is completely different from immigration processes based on marriage, which focus on proving that the relationship is legitimate and not merely a means to obtain immigration benefits.

It is important to understand that “marriage fraud” occurs when a couple unites with the sole intention to deceive immigration authorities in order to obtain benefits, without actually having an authentic marital relationship. In the case of the EB-3, the main eligibility criteria are related to the job offer and the candidate’s professional qualifications, elements that have no relation to marital status or proof of a genuine union.

Although immigration processes may involve distinct areas – such as employment under EB-3 or a marriage-based petition – it is essential that all information provided during the process is truthful and reflects reality. The practice of any fraud, whether related to employment or marriage, can result in serious legal consequences, including visa denial, revocation of granted status, and even criminal implications.

Therefore, although EB-3 and marriage-based immigration follow completely different criteria, it is essential to comply with all United States immigration laws and act transparently. If there is any doubt or if any situation arises that might involve fraudulent practices, it is recommended to seek specialized guidance and rely only on trustworthy sources, always avoiding miraculous proposals or information of dubious origin in the market.

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.