Frequently asked questions
Questions about EB-3 Visa
Straight answers related to this visa.
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Is it possible to maintain dual residence in Brazil and the USA?
It is possible to maintain residence in both Brazil and the USA, provided that the permanent resident in the US preserves ties and complies with the rules to avoid losing their status.
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Is it possible to obtain EB-3 with part-time positions at two companies?
The EB-3 requires a permanent, full-time offer; part-time jobs, even at two companies, generally do not meet the required criteria.
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Is it possible to temporarily suspend the EB-3 process?
Temporarily suspending the EB-3 process depends on the stage and reason, requiring legal caution and professional guidance to avoid risks and maintain compliance with immigration laws.
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Is it possible to use a Reentry Permit if I cannot stay long in the USA?
The Reentry Permit helps permanent residents maintain their status during prolonged absences from the US, but it does not replace residency nor is it applicable to those who have not yet adjusted their status.
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Is it possible to use free course diplomas as education for the EB-3?
Free course diplomas are rarely accepted as education for the EB-3 visa, which requires recognized formal education and proven experience.
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Is it possible to work in a trusted or managerial position with the EB-3?
The EB-3 does not apply to managerial or trusted positions and is intended for operational or technical roles, while leadership positions require other visa categories.
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Is it true that the EB-3 Professional requires a higher education degree?
The EB-3 Professional requires a bachelor's degree, an essential requirement for the category, which demands higher education for a correct and secure application in the immigration process.
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Is it valid to attend college in the USA while awaiting the decision on the I-485?
Attending college in the USA during the I-485 processing can be possible, depending on your status and documents. Always consult official sources and specialists to act according to the law.
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Is it worth buying property before getting the Green Card?
Buying property before the Green Card can be advantageous but requires financial planning and legal understanding to avoid risks to the migration process and personal goals.
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Is it worth repeating the medical examination to have more time for entry?
Check the validity of the medical examination for the EB-3 visa; repeat only if necessary, always following official rules to avoid setbacks in the immigration process.
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Is job hopping possible after obtaining the Green Card?
The Green Card expands professional mobility, allowing job changes as long as they are planned with caution and in accordance with current immigration laws.
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Is my Green Card canceled if I don’t start working for the employer?
The EB-3 Green Card is not automatically canceled if you do not start working, but maintaining compliance and good faith in the job offer is essential for the visa's validity.
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Is my Green Card permanent?
The Green Card grants permanent residence under conditions, with periodic renewal and possibility of revocation in case of noncompliance with immigration rules.
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Is nanny work in a family home valid for PERM?
The validation of nannies working in homes for PERM is complex due to legal challenges and specific requirements, and specialized consultation is recommended to ensure compliance and success in the process.
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Is night work or shift work a problem?
Night or shift work does not prevent the EB-3 visa, provided that legal conditions and job requirements are met and clear.
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Is premium processing available for the EB-3?
Premium processing expedites the processing of Form I-140 for the EB-3 visa but does not guarantee approval and requires attention to legislation and process stages.
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Is renewal necessary if I do not travel soon?
The EB-3 visa requires travel within the deadline; after expiration, renewal is necessary to enter the U.S. Stay informed and consult specialized professionals.
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Is the ‘permiso de trabajo’ the EAD?
Permiso de trabajo and EAD refer to authorization to work in the U.S., commonly used interchangeably depending on immigration status and ongoing processes.
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Is the ‘unskilled’ subcategory the same as ‘EW’ on the I-140?
In the EB-3 visa, 'unskilled' corresponds to the EW subcategory on the I-140, referring to workers who do not require more than two years of training or experience.
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Is the age of children frozen during the EB-3 process?
Age protection for children under EB-3 depends on the CSPA, which can adjust the age to maintain eligibility in specific cases during processing.