Can the EB-3 be transferred to another family member?

The EB-3 visa is one of the employment-based immigration categories that allows skilled workers, professionals, and unskilled workers to obtain permanent residence in the United States. Generally, the EB-3 petition is filed for the principal applicant, and family members – spouse and unmarried children under 21 years old – may be included as dependents on the application.

However, it is important to clarify that the EB-3 cannot be ‘transferred’ from one person to another, in the sense that a family member could later assume the immigration benefit or continue the process in their own name without going through the proper procedure. The EB-3 category is intrinsically linked to the principal applicant. Therefore, if for some reason the principal cannot continue with the process, the family members included in the petition cannot independently change the ownership of the EB-3 category to another family member.

For each person wishing to obtain immigrant status through a visa category such as the EB-3, it is necessary to file a petition that meets all the specific requirements of this program. Any change or attempt to separate the status may cause complications and delays in processing.

Therefore, it is fundamental to strictly follow the United States immigration laws and always seek updated and reliable information. It is recommended that interested parties in the process consult specialists and advisory firms that operate in accordance with current legislation, avoiding dubious proposals and marketing campaigns that promise results without proven legal basis. Such care helps prevent complications and potential scams, ensuring that all steps are correctly carried out. Staying informed and following the guidance of immigration authorities is essential for a smooth and safe 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.