What is the impact of same-sex marriage on the EB-3?

The EB-3 is a work visa category that allows immigrants with qualified job offers to legally settle in the United States. A common question concerns the effects of same-sex marriage in this process, especially considering the changes and evolution of civil rights in recent years.

In the United States, since the historic Supreme Court decision in Obergefell v. Hodges (2015), marriages between same-sex partners are fully and equally recognized as heterosexual marriages. This means that, within the context of the EB-3, a same-sex marriage has the same effects as any other legal marriage. The spouse can generally be included in the immigration petition as a dependent, allowing the same treatment that would be offered to a spouse in a traditional marriage.

It is essential, however, that the marriage be duly recognized by the competent authorities, either in the United States or in the country where it was celebrated. It is important to emphasize that each case has specific nuances and may depend on a number of factors, such as the documentation submitted and the individual analysis of the process by the American authorities responsible for immigration.

Therefore, strictly following the country’s immigration laws and seeking secure and updated information is indispensable to avoid problems or delays. Furthermore, it is crucial to exercise caution to not be swayed by miracle promises coming from marketing campaigns or sources that do not present proper credentials, since compliance with the law and the solidity of the documents submitted are crucial points in any immigration process.

In summary, for those wishing to include a spouse in an EB-3 petition, provided that the marriage is legally registered and recognized, there is no negative or differential impact on the process, and the treatment is done equally. In any case, the guidance of specialists and constant checking of current rules are recommended practices to ensure that all procedures are carried out correctly and in compliance with the applicable 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.