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Questions about EB-3 Visa
Straight answers related to this visa.
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Can I sell my assets in my home country after immigrating?
Immigrating to the US does not prevent you from selling your assets abroad, but it is essential to comply with local laws, tax obligations, and seek expert advice to avoid complications.
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Can I skip the PERM stage if the company is large?
PERM certification is mandatory in the EB-3 process, regardless of the company's size, to ensure protection of the U.S. labor market.
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Can I start my own business after receiving the Green Card?
With the Green Card, you can start your own business in the U.S., but you must follow all laws and regulations to ensure success and maintain your legal status.
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Can I start working remotely before the Green Card?
Working remotely before Green Card approval requires formal authorization; acting without it can compromise your immigration process and rights.
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Can I stay in my country even with the Green Card in hand?
The Green Card requires a continuous connection with the US; prolonged absences without permission can jeopardize your status and make re-entry into the country difficult.
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Can I stay in the consulate’s country while waiting for the interview?
Staying in the consulate's country while waiting for the EB-3 interview depends on complying with local laws and having a valid immigration status.
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Can I stay outside the US for 1 year after receiving the Green Card?
Absences of up to 1 year with a Green Card require precaution, such as applying for a Re-entry Permit, to avoid loss of permanent resident status in the US.
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Can I stay without working after getting the Green Card?
There is no legal obligation to work to maintain the Green Card, but being employed can facilitate future citizenship applications and ensure ties to the USA.
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Can I study in the USA with the EB-3?
With the EB-3 visa, you can study in the USA as a permanent resident without specific restrictions, as long as you maintain your legal obligations and professional focus.
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Can I submit letters from colleagues instead of former employers?
Letters from former employers have greater value in professional verification for the EB-3 visa; letters from colleagues are only complementary and do not replace official documents.
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Can I submit medical exams done in another country?
Medical exams for the EB-3 visa must be performed by doctors authorized by the U.S. consulate, ensuring compliance and preventing delays in the process.
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Can I submit the I-140 and I-485 together?
For the EB-3 visa, it is possible to simultaneously submit the I-140 and I-485 forms when the priority date is current according to the Visa Bulletin, speeding up the adjustment of status process.
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Can I sue my employer if they back out?
An employer's withdrawal from the EB-3 process may allow legal claims, but each case requires detailed analysis and specialized guidance to protect your rights.
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Can I switch to EB-3 if I do not qualify for EB-2?
If you do not qualify for EB-2, EB-3 can be a viable alternative, provided you meet the specific criteria and correctly follow immigration rules.
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Can I take care of a sick relative and postpone my trip?
Postponing the trip to care for a sick relative under the EB-3 visa may be possible but requires advance communication and proper documentation with the authorities.
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Can I take the physical fitness test required by the employer before the PERM?
The physical fitness test can be taken before the PERM, but it is essential to follow employer criteria and carefully comply with all legal stages of the EB-3 process.
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Can I transfer my credit history from Brazil to the USA?
Brazil's credit history is not transferred to the USA; it is necessary to build a new financial record, respecting local laws and seeking safe guidance.
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Can I transfer the PERM to another employee?
PERM is specific to the job and candidate and cannot be transferred between employees; for new hires, a new certification process is required.
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Can I travel for tourism while waiting for the EB-3?
It is possible to travel for tourism during the EB-3 process with a valid visa, but it is crucial to comply with laws, present documents, and avoid situations that compromise your immigration status.
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Can I update the delivery address of my Green Card?
Update your Green Card delivery address within 10 days to avoid issues and ensure compliance with USCIS and US immigration laws.