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

When it comes to balancing the maintenance of H-1B status while the EB-3 visa process is underway, it is important to understand that the H-1B is a visa category that allows for so-called ‘dual intent’. This means it is possible to maintain employment under the H-1B while pursuing permanent residency through EB-3, provided that all requirements for each status are strictly met.

In the case of EB-3, which is intended for skilled workers, professionals, and other workers, the process typically involves obtaining a certification from the Department of Labor and a petition filed by the employer. During this process, continuing to perform your duties under the H-1B is a valid and common strategy, since the H-1B visa, unlike other temporary visas, does not prevent the beneficiary from seeking permanent residency.

However, it is essential to ensure that all conditions for maintaining the H-1B status are up to date – such as the validity of the visa, current employment, and any changes in the employment contract – to avoid immigration status issues. It is worth noting that each case may have particularities and, given the complexity of the immigration environment, it is always prudent to follow the current laws and guidelines set by the United States government.

Furthermore, consulting with specialized firms and professionals working in the immigration field is recommended, not only to avoid misinformation or miracle promises that cause confusion but also to ensure that all steps are correctly carried out without surprises. Remember: maintaining regular status depends on strict adherence to immigration rules, and any deviation can have serious consequences.

Seek detailed guidance from qualified specialists, thereby avoiding scams and marketing campaigns that promise results without solid foundations. This way, you will ensure that your immigration journey remains in compliance with the country’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.