Frequently asked questions
Questions about EB-3 Visa
Straight answers related to this visa.
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Do spouse and children also need criminal background checks?
Spouse and children aged 16 or older must submit criminal background checks for EB-3 visas; younger children are generally exempt from this requirement.
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Do we need an Affidavit of Support for EB-3?
The EB-3 is focused on job offers and qualifications, not requiring an Affidavit of Support, a common document in family-based processes that proves financial support.
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Do young children need to undergo a medical examination?
All young children must undergo the immigrant medical examination, adapted to their age, to ensure compliance with US health requirements and avoid setbacks in the process.
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Does a ‘Priority date’ become ‘current date’ when the visa is issued?
A priority date becomes current when the Visa Bulletin reaches your date, releasing the final visa stage, but issuance depends on the completion of all process phases.
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Does a bartender job offer qualify for EB-3?
A bartender job offer may qualify for the EB-3 visa, provided it is permanent, full-time, and complies with all required legal and regulatory criteria.
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Does a medical certificate of physical disability prevent the EB-3?
A certificate of physical disability does not automatically prevent obtaining the EB-3; the essential factor is the candidate's ability to perform the job functions, with or without accommodations.
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Does a previous visa irregularity prevent EB-3?
Previous visa irregularities may impact but do not automatically prevent qualification for EB-3; each case is assessed individually with a possible need for a waiver.
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Does changing the spouse’s last name during the process affect anything?
Changing the spouse's last name in the EB-3 process does not hinder progress but requires updating and documental consistency to avoid delays or complications.
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Does EB-3 allow investing in US stocks?
EB-3 is not an investment program, but after obtaining a Green Card, you can invest in US stocks, respecting current laws and seeking specialized guidance.
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Does EB-3 have a shorter waitlist than EB-1?
The waiting time between EB-1 and EB-3 varies according to the profile, demand, and nationality of the candidate, making it essential to monitor deadlines in the Visa Bulletin.
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Does EB-3 have travel restrictions after approval?
After EB-3 approval, travel requires caution until the Green Card is issued to avoid delays or complications in the U.S. residency process.
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Does EB-3 require proof of personal financial stability?
The EB-3 visa focuses on the job offer and the candidate's qualifications, not requiring proof of personal financial stability for its approval.
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Does informal work for 3 years qualify for EB-3 Skilled?
Informal work for 3 years may not be sufficient for EB-3 Skilled without formal documentation proving experience aligned with USCIS requirements.
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Does laser hair removal before the medical exam interfere?
Laser hair removal does not interfere with the immigration medical exam, except in cases of skin complications. Always inform the doctor and respect timeframes to avoid misinterpretations.
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Does my bank account in Brazil influence the process?
Having a bank account in Brazil does not directly influence the EB-3 visa, which focuses on the job offer and the candidate's qualifications.
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Does my employer need to be American?
To apply for the EB-3 visa, the employer must be legally established in the U.S. and comply with all legal requirements of the immigration process.
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Does my employer need to prove that they pay me the same as an American?
The employer must pay a salary compatible with the American market, as required by the labor certification in the EB-3 visa process, respecting the Department of Labor's regulations.
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Does my employer not give me time off, is that illegal?
Time off at work may depend on state laws, contracts, and EB-3 visa rules; consult a specialist to ensure your rights and maintain your legal status.
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Does my spouse need to submit Form I-864 (Affidavit of Support)?
In the EB-3 visa, neither the applicant nor the spouse needs to submit Form I-864, since sponsorship is through employment, not family relationship.
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Does purchasing a house in the USA help with the EB-3 process?
Buying a house in the USA does not influence the EB-3 visa process, which depends on the job offer and the candidate's professional qualifications.