Can the spouse apply for EB-3 in my place?

The EB-3 visa is an employment-based immigration category intended for skilled workers, professionals, and other workers who receive a job offer in the United States. In this modality, it is essential that there is a principal applicant who meets the necessary requirements and is linked to a job offer.

The inclusion of family members, such as the spouse and minor children, occurs as dependents of the principal applicant’s petition. Answering the question: normally, the spouse cannot ‘apply’ (that is, cannot be the principal applicant) in place of the EB-3 petition holder, unless he or she individually meets the criteria to be the main applicant.

If your spouse does not have a qualifying job offer on their own, the best option is to be included in your petition as a dependent. It is important to remember that each case is evaluated based on individual documentation and process requirements.

Furthermore, it is essential to strictly follow United States immigration laws and to seek guidance from professionals specialized in this area to avoid mistakes or possible fraud. There are many offers and marketing campaigns promising quick solutions, but it is vital to be cautious and get information from reliable sources and recognized consultancies in the field.

In summary, the spouse can benefit from the status granted to the principal applicant under the EB-3 category, but cannot, by themselves, transfer or take the place of that applicant unless they individually qualify according to the established criteria. Always verify updated information from official sources and consider consulting an immigration specialist for detailed guidance.

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.