This guide is intended to help you succeed in your EB-3 journey by outlining work expectations, schedules, travel guidance, and key steps to protect your immigration case.
Working During Retrogression or Pending Green Card
If your Priority Date is not current or your Green Card is pending, continuing your EB-3 job shows your commitment to your sponsor and is the best way to demonstrate your intent if USCIS makes an inquiry.
When you signed your agreement with BDV, you committed to start working for your sponsor as soon as you receive work authorization (EAD, immigrant visa, or Green Card approval). Sponsors rely on EB-3 workers to fill ongoing labor shortages and expect employees to honor this commitment.
You must work at least 12 consecutive months for your sponsor, fulfilling your one-year commitment through the EB-3 Unskilled program with BDV. After completing one year, if your Green Card is still pending, you may discuss options with your sponsor and Client Services, including promotions, benefits, or porting to another qualifying employer.
Stopping work, switching to part-time, or leaving your sponsor without another qualifying EB3 unskilled employer may put your immigration case at risk. Always consult BDV Client Services team before making any changes.
Full-Time Work Requirements
Work 35–40 hours per week according to your sponsor’s schedule.
Full-time work protects your case and helps you meet USCIS requirements.
Part-time work is generally discouraged and may jeopardize your case.
Secondary Jobs and Work Priority
Your EB-3 unskilled job is your primary commitment. If needed, any additional work must not conflict with your EB-3 schedule. Flexible, self-contracted jobs (e.g., Uber, Lyft, etc.) are acceptable if scheduled around your EB-3 hours.
Travel and Vacation
Before Starting Work
Travel of up to 3 weeks may be allowed with approval from BDV Client Services team and your sponsor.
Do not delay your start date more than approximately two months after receiving work authorization.
Do not travel without a valid travel permit such as I-131 Advanced Parole and discuss it with your attorney.
After Starting Work
Extended travel during your 12-month commitment is strongly discouraged.
Sponsors may deny vacation requests in your first year, and long absences could jeopardize your case, and the sponsor can terminate your employment.
Plan international travel after completing your EB-3 unskilled work commitment and after your case approval, whenever possible.
Promotions and Job Changes
Promotions are allowed as a natural progression if duties remain in a similar field or classification.
Major changes or skilled work while your Green Card application is pending may negatively affect your case.
Always consult BDV Client Services team and your attorney before making changes.
Workplace Injuries
Report injuries immediately to your supervisor, HR, and BDV Client Services.
Follow sponsor medical and reporting procedures.
Temporary medical leave approved by a doctor does not usually affect your immigration case if you return to work once cleared. However, we recommend discussing it with your attorney to verify whether that medical leave would impact your case.
Pregnancy and Maternity
Work during pregnancy is generally expected unless medically advised otherwise.
Paid maternity leave may not be available until after one year of employment, as policies can vary by employer.
Short unpaid leave may be allowed after birth, but any missed time should typically be made up to complete your EB3 unskilled commitment.
Joining the U.S. Armed Forces During Your Work Period
BDV fully supports your right and commitment to serve in the U.S. military. We appreciate your service to the country.
If you are currently working for your EB-3 sponsor, you must provide your employer and BDV with a formal, digitally signed enlistment notice. Online reservation forms are not sufficient for documentation compliance.
After completing your military service, you are expected to finish your EB-3 unskilled work period with your sponsor to fulfill your one-year commitment.
Ending Your Employment Properly
Even after you have fulfilled your 12-month commitment, you must continue working on a full-time basis for your EB-3 Unskilled sponsor if your Green Card application is still pending.
Attorneys also recommend that you continue working for a period of time after your Green Card application is approved to demonstrate your good faith.
Contact your sponsor to learn about other opportunities at their company.
Inform BDV Client Services team before leaving.
Secure another job before resigning whenever possible.
Follow the sponsor's policies and procedures and provide at least two weeks’ written notice to your sponsor.
Maintaining positive relationships can help with future references or assistance.
Our Commitment to Support You
EB-3 participation requires cooperation between you, your sponsor, and immigration authorities. Sponsors invest time and effort in your case to fill labor shortages.
While joining the program is voluntary, fulfilling your work commitment is critical for protecting your immigration case and future opportunities. If you experience difficulties, always contact BDV Client Services team before making decisions that could affect your case. We are here to support you!