EB-3 Unskilled Worker Visa: Post-Approval Job Obligations and Sponsorship

The EB-3 unskilled worker visa is crucial for many workers as it offers a pathway to lawful permanent residence in the United States. Once approved, it is natural to wonder about the obligations and requirements after receiving the visa. This article will explore the job obligations for those sponsored under an EB-3 unskilled worker visa, focusing on key aspects such as post-approval employment, green card requirements, and potential risks of leaving too soon after sponsorship.

Understanding Job Obligations Post-Approval

When you apply for an EB-3 unskilled worker visa, you are expected to work for the employer who sponsored your visa for a reasonable period. The duration of this work is tied to your visa and can impact your future legal status. However, after obtaining a green card, you are not legally required to stay with your original employer indefinitely. The Master Transcript on this topic discusses the importance of staying with the sponsoring employer for at least 6 to 12 months post-green card to demonstrate good faith.

The Legal Requirements and Risks Involved

Immigration law mandates that the granting of the green card is based on a good faith offer and acceptance of employment. Acts such as quitting your petitioner too soon can be seen as fraud, which can lead to serious consequences. The USCIS might revoke your green card within the first five years or prevent you from gaining citizenship later on. It is generally recommended to remain with the employer for at least 6 to 12 months depending on your risk aversion.

Proving Good Intent Behind Your Green Card Application

One of the key factors in approving the green card application is your intention to work for the company permanently or indefinitely at the time of your application. Your actual actions after receiving the green card can be scrutinized by immigration authorities to determine whether you fulfilled your intention.

For example:

Positive Example: You start working at Joe’s Computer Repair on Monday and at 8:10 AM receive an unsolicited offer from Eric Schmidt with a substantial pay raise to become CTO for Alphabet. You accept the offer without planning to quit with Joe’s Computer Repair. There is no issue, as no intent to quit was present at the time of obtaining immigrant status. Negative Example: Throughout the immigration process, you diligently work for Joe’s Computer Repair and then decide to leave shortly after your green card is issued. This might be viewed as bad faith, as your intentions were not genuine.

Conclusion and Recommendations

While the law does not strictly mandate you to continue working for your original employer after receiving a green card, it is crucial to act with good faith. Ensuring a reasonable duration of employment post-green card, such as 6 to 12 months, can help demonstrate your commitment and genuine intention to fulfill the previously offered job. This can prevent any potential future issues with your immigration status.

If you find yourself in a situation where you must leave your original employer, it is advisable to have a solid plan and documentation to prove your intention and reasons for change, should you need to navigate any potential immigration challenges.