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Questions about EB-3 Visa
Straight answers related to this visa.
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Is there another complex process to renew the Green Card?
Renewing the Green Card is a straightforward process that requires attention to deadlines, using Form I-90, and strict compliance with immigration laws to ensure status continuity.
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Is there any benefit if I am already on the H-2B?
Being in the USA with an H-2B visa can facilitate the transition to the EB-3, but requires strict compliance with legal requirements and professional guidance.
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Is there any preference in EB-3 for STEM?
The EB-3 visa offers no specific preference for STEM professionals; the evaluation is based on qualifications and job offers according to general U.S. immigration criteria.
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Is there any religious restriction for the EB-3?
There is no religious restriction for the EB-3 visa; eligibility depends on the job offer and professional qualifications, with adherence to U.S. immigration laws being essential.
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Is there any type of pre-interview with the NVC?
The NVC does not conduct a pre-interview; its role is to review documents and forward the case to the final interview at the consulate in the EB-3 visa process.
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Is there special jurisdiction for each type of I-140?
There is no special jurisdiction for types of I-140 petitions; processing is defined by the USCIS designated center based on category and employer's location.
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Is there such a thing as ‘permanent portability’ for the EB-3?
Portability under the EB-3 visa allows, after 180 days pending on the I-485 petition, a change of employment within the same field, but does not constitute permanent freedom from employment ties.
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Is there validity for EB-3 job offers?
The job offer in the EB-3 is valid as long as it is permanent, real, and complies with legal requirements, including the PERM labor certification.
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My diploma is not recognized in Brazil, but is it equivalent in the USA?
Even if your diploma is not recognized in Brazil, it can be evaluated and considered equivalent in the USA, based on individual analysis and specific criteria, especially in immigration processes.
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My employer wants to reduce salary after the PERM. Is it possible?
After PERM approval for the EB-3 visa, reducing the committed salary may violate rules and harm the immigration process, requiring caution and specialized advice.
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My lawyer disappeared, can I continue alone?
Although it is possible to continue the EB-3 visa process alone, it is essential to be well informed, attentive to details, and consider the risks of proceeding without a lawyer's support.
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My medical exams tested positive for latent tuberculosis. What now?
Latent tuberculosis is not contagious and, with proper treatment and compliance with medical guidelines, will not prevent your EB-3 visa process.
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My passport is valid for only 8 months. Do I need to renew it?
Passports with less than one year validity may cause complications in the EB-3 process; renewing early avoids troubles and ensures document compliance.
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My spouse is a foreigner from another country. How does the quota work?
In the EB-3 visa, the quota considers the country of the principal beneficiary; spouses follow the principal application, with possible flexibility through chargeability rules.
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My spouse is in another state. Can they do medical exams in a different location?
It is possible to have medical exams performed in a different location for the EB-3 visa, provided that the professional is authorized by USCIS and the regulations are strictly followed.
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Should my passport be biometric?
A biometric passport is essential to expedite immigration processes in the U.S., especially for EB-3 visas. Check the need for renewal to avoid delays.
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Should the spouse be present at the EB-3 adjustment of status interview?
The dependent spouse is generally required to attend the EB-3 adjustment of status interview, but always follow USCIS' specific instructions to ensure compliance and avoid issues.
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Spouse of EB-3 visa holder can work remotely for a foreign company?
The spouse of an EB-3 visa holder can work remotely for a foreign company, as long as they have a valid work authorization and comply with all applicable immigration and tax regulations.
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Spouse with a different last name needs to prove marriage?
Different last names do not prevent proof of marriage in the EB-3 immigration process, which requires official documentation and evidence of the relationship's authenticity.
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They sent an RFE on the I-140. Is this common?
Receiving an RFE on the I-140 is common; it is a USCIS request for additional evidence to strengthen the petition, not necessarily indicating approval issues.