Studying and Working Full Time on an EB-3 Visa in the U.S.: Your Guide

ари you considering working full time on an EB-3 visa in the U.S. while also pursuing your educational goals? Understanding the rights and limitations under an EB-3 visa can help you make informed decisions. In this comprehensive guide, we will explore the possibilities of studying and working full time under an EB-3 visa and how to navigate through the regulations.

Understanding the EB-3 Visa

The EB-3 visa is a family-sponsorship-based immigration category designed for workers coming to the U.S. to take on positions that are not available to U.S. workers. If you are a principal EB-3 worker, you can work for the company that sponsored your visa, but you are not permitted to work for other employers. However, your derivative spouse and derivative children may have more flexibility if they hold an E-3D Spouse Visa (E-3D).

Working Rights of the Principal EB-3 Worker

As the principal EB-3 worker, you have the privilege of working full-time for the organization that sponsored your visa. This is the primary employment relationship established through the sponsorship process. It is important to note that unless you have an EAD (Employment Authorization Document), you are limited to working solely for the sponsoring organization. There are no other workplaces or job opportunities available to you unless you exit the visa program and repatriate to your home country.

Work Rights for the Derivative E-3D Spouse Visa Holder

For the derivative E-3D spouse, the situation is somewhat different. With an E-3D visa, you can apply for an EAD and work in any job you desire. This flexibility allows you to balance working full-time while also supporting your partner's family in the U.S. It is advisable to consult with a legal expert to ensure that all the requirements are met, as obtaining an EAD involves submitting a series of forms and providing necessary documentation.

Study Rights for EB-3 Visa Holders

Under the EB-3 visa, not only the principal worker but also the derivative spouse and children have the ability to study in the U.S. Whether your primary residence is outside the U.S., you can attend schools, colleges, or universities to continue your education. This aspect of the visa is particularly advantageous for families, as it allows educational opportunities without additional visa constraints.

Eligibility for Educational Institutions

Federal regulations do not bar you from studying in the U.S. regardless of your primary residence. You can attend any educational institution that meets the rigorous standards set by the U.S. government. This includes community colleges, four-year universities, and trade schools. This flexibility is a key benefit for families, as it provides a conducive environment for educational enhancement and career development.

Practical Considerations

While the EB-3 visa allows for educational pursuits, it is important to manage your time effectively. Balancing work and study can be challenging, but with good time management, you can thrive in both areas. It is essential to maintain full-time employment at the sponsoring organization for the duration of the visa. Additionally, ensure that you comply with all educational institution requirements, including financial aid and visa regulations.

Conclusion

Living and working under an EB-3 visa in the U.S. while pursuing your educational goals is a viable option. Understanding the nuances of the visa can help you make informed decisions and take advantage of the opportunities available to you. Whether as the principal worker or as a derivative with an E-3D visa, you have the flexibility to study and work, contributing to your personal and professional growth.

For more information on the details and specific requirements, please consult with a legal expert or an immigration attorney. They can provide personalized advice based on your individual circumstances.

References

[1] U.S. Department of State: E-3 Visa

[2] U.S. Citizenship and Immigration Services (USCIS): USCIS E-3 Information