If I am on H-1B, can I keep working while the EB-3 is processing?

Yes. The H-1B is one of the few temporary visas that allows what is known as dual intent, meaning you can continue working under the H-1B while pursuing permanent residence through the EB-3, without one path invalidating the other.

In practice, the EB-3 is an employment-based green card pathway that typically runs through a sponsoring employer, involving a labor certification step and the employer’s petition. While that process is pending, your H-1B remains valid as work authorization and is what sustains your lawful status and employment during that period.

• The H-1B allows dual intent, so filing for the EB-3 does not by itself put your temporary status at risk.
• What keeps everything in order is continuing to meet the H-1B conditions: the employer relationship, a compatible role, and a valid status.
• Changes in job, role, or employer may require additional steps on both the H-1B and EB-3 sides.

Because each case has its own specifics and rules can change, it is worth confirming the current requirements through the official source (USCIS) and, when possible, reviewing your situation with a specialist before making decisions that could affect your status.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.