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Family Emergency During Work Period

Family emergencies or death in the family during work tenure

John Cooper avatar
Written by John Cooper
Updated over a week ago

We are aware that life continues during your EB-3 work tenure, and unfortunately that means significant family emergencies do arise. You might face an unfortunate event such as an acute illness in your immediate family or the passing of a family member. We are also aware that every culture has different rites and customs related to funerals and the death of family members. This is always difficult, especially if you are far from home, and we are sensitive to the accompanying needs.

At the same time, it is important to note that your sponsor may have policies regarding time off. US employers are not accustomed to extended absences around death or illness. BDV does not have a say in how your sponsor handles requests for time off, because your sponsor should treat BDV clients the same that they would domestic employees.

Please know that in US work culture, it is very rare for employers to grant vacation time during the 1st year of work in an unskilled job.

Also, see this article for info on requesting time off during your work tenure.

If you decide to return to your home country or simply leave work for some time, there is no guarantee that your job will be saved for you upon your return.

It is important to first speak with your supervisor and your sponsor's HR department to request time off before you leave.

If they cannot grant the requested time off, you should know that you risk being let go from your EB-3 job, and you might not be re-hired. Your sponsor could also withdraw your I-140 (sponsorship and basis for the green card.) This could have negative ramifications for your case.

We empathize with your emergency situation and your reason for needing to leave work, but we are providing this context for your own good. Please keep in mind that it is ultimately the sponsor's decision whether they allow you to take leave during a personal emergency.

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