I want to open a branch of my business. Can I get EB-3?

When considering immigration to the United States through EB-3, it is important to first understand that this category was created for workers who have a permanent job offer from a U.S. employer. This includes professionals, skilled workers, and, in some cases, unskilled workers. Learning about the modality and the general requirements can help guide your expectations regarding immigration possibilities.

In your case, where the intention is to open a branch of your own business, it is necessary to note that EB-3 was conceived for situations in which an established employer in the United States sponsors a foreign employee for a permanent position. If you want to create a new operation of your company, there are challenges, since usually the sponsor must be an independent entity that offers a job matching the position described in the petition and that it is duly proven that there are no U.S. workers available for the vacancy, a process that involves obtaining the Labor Certification.

For a business venture of your own like yours, it may be more appropriate to consider other visa categories. For example, the EB-5 visa, intended for investors, may be an option if you are willing to make a significant investment and comply with the specific criteria defined by the program. Alternatively, if the intention is only to manage your company, the investor visa or other immigration instruments may be more compatible with your goals.

It is essential to remember that U.S. immigration law is quite complex. Therefore, following the laws, seeking information from reliable sources, and consulting specialized professionals (without promising specific results) are essential steps to avoid falling into scam schemes or misleading marketing campaigns. Each case is unique and strategies must be designed based on the particular situation of the interested party, always respecting the rules established by the Department of State and the U.S. Citizenship and Immigration Services.

Finally, check which requirements need to be met in the chosen modality and maintain regular monitoring of immigration rules, as changes may occur. Seeking reliable sources and expert guidance is fundamental for a smooth process in compliance with U.S. laws.

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.