English 
Português 
Español Frequently asked questions
Questions about EB-3 Visa
Straight answers related to this visa.
-
Can the family accompany the applicant on the day of the consular interview?
Each family member must attend the consular interview individually, according to the official instructions, ensuring compliance with the rules and the success of the process.
-
Can the I-140 be premium processed without the PERM approved?
Premium processing for the I-140 petition in the EB-3 category is only possible after PERM approval, an essential step for a correct and risk-free immigration process.
-
Can the PERM be denied due to errors in job posting?
Errors in the job posting can lead to PERM denial, making it essential to strictly follow regulations to ensure approval and avoid complications in the process.
-
Can the priority date be inherited from a previous petition?
The EB-3 visa priority date can be inherited from previous petitions, provided USCIS rules and conditions are respected, ensuring recognition of the time already elapsed.
-
Can the rules of the EB-3 change?
The rules of the EB-3 visa can change according to U.S. immigration policies, so it is essential to follow official sources and act cautiously.
-
Can the spouse apply for EB-3 in my place?
The spouse can be included as a dependent in the EB-3 petition, but may only be the principal applicant if they individually meet the visa requirements.
-
Can the spouse do odd jobs while waiting?
The dependent spouse can only legally work in the USA after obtaining formal authorization, avoiding risks that could compromise the EB-3 process.
-
Can the spouse drive in the US with a foreign driver’s license?
Each state has its own rules for using a foreign driver's license; check with the local DMV and avoid troubles when obtaining your driver's license in the US.
-
Can the spouse enroll in the public health system?
Spouses of EB-3 visa holders can access the U.S. health system after waiting periods and may also purchase private plans via Healthcare.gov, depending on state rules.
-
Can the spouse have problems if they had a past overstay?
Overstay can affect the spouse in the EB-3 visa process, requiring careful analysis and possibly a waiver, always with specialized guidance and respect for U.S. law.
-
Can the spouse have provisional work authorization during the adjustment of status?
The spouse can request provisional work authorization during the EB-3 adjustment of status, provided the process meets all legal requirements and is properly conducted.
-
Can the spouse maintain a student visa after receiving the Green Card?
The spouse who obtains a Green Card via EB-3 should not maintain the student visa, as these are incompatible immigration statuses; studies can be undertaken as a permanent resident.
-
Can unskilled workers also apply for the EB-3?
Unskilled workers can indeed apply for the EB-3 visa, provided they meet legal requirements and have a permanent job offer in the United States.
-
Can USCIS ask questions about my family relationship?
USCIS may question your family relationship to ensure the truthfulness of the information and the legitimacy of the application, making transparency and supporting documents essential.
-
Can USCIS deny I-485 even with an approved I-140?
Approved I-140 does not guarantee I-485; USCIS evaluates legal status, security, and health. Each case is unique, and following the laws is essential to avoid denials and complications.
-
Can USCIS deny if the employer does not prove corporate income tax?
Proof of the employer's financial capacity, including corporate income tax, is essential for USCIS approval of the EB-3 visa.
-
Can USCIS deny if they discover I have no real intention to work?
USCIS can deny the EB-3 visa if there is no real intention to work, constituting fraud and resulting in sanctions; therefore, transparency and legal counsel are essential.
-
Can USCIS deny the application if lies are discovered in the PERM?
False information in the PERM can result in USCIS denying the application and cause serious complications in the immigration process. Always maintain the integrity and transparency of the data.
-
Can USCIS request more evidence (RFE)?
Yes, USCIS can request additional evidence (RFE) during the EB-3 visa review; responding with complete documents on time is essential to avoid delays or denials.
-
Can USCIS review my social media?
USCIS can review your publicly available social media to verify information and inconsistencies, highlighting the importance of maintaining consistent data and following immigration laws.