Your EB-3 employer sponsored your green card because they are experiencing a chronic labor shortage. They completed the long process of DOL, USCIS, and all the paperwork to bring you to this point. They are looking forward to hiring you as a willing worker. Most BDV clients keep their commitment to their sponsor by working their full year.
Your Green Card is an EB-3 based Green Card, meaning the approval is contingent on your willingness to work an unskilled job. Unfortunately, not all clients show a willingness to complete their commitment to their sponsor.
There are 2 ways of breaking your commitment to your sponsor:
you refuse to start work upon receipt of EAD or visa approval within a reasonable timeframe (this includes starting work before green card approval, for AOS clients)
you are terminated or fired (including walking off your job before 1 year or being a "no call/no show"
Below are the 3 main consequences of breaking your commitment:
Your I-140 may be withdrawn by your sponsor. (I-140 approval is the basis for your green card)
If your green card is still pending, you could lose access to BDV's online portal. This is because you will be considered as dropping out of the EB-3 program.
If your green card is still pending, you could lose your legal representation and will need to find another attorney. This is because there is a conflict of interest: your attorney represents both your sponsor and you, and you have refused to start work for your sponsor.
What if I do not start work for my sponsor after the receipt of my work authorization?
If your reason for delaying work is unapproved, you will be marked as a "Drop Out" of the BDV program and with your attorney. This means if you are AOS and your I-485 is pending, you will need to find another attorney to complete your process and you will be responsible for the fees incurred. BDV does not offer refunds for attorney services.
We realize many BDV clients want to wait until they receive their green card to start work for their sponsor. While this is legal advice, the sponsor still has the right to withdraw sponsorship if you refuse to work on an EAD, because they have a labor shortage and need workers currently.
Even for Consular clients, your I-140 could still be withdrawn if you do not start work.
What if I'm terminated/fired from my job?
All above consequences apply (I-140 withdrawal, closing of your case with BDV and your attorney.) This applies if you break any company policies, walk off your job before 1 year without resigning, or if you are a "no call/no show" at work, and your sponsor fires you due to these reasons.
If your green card is pending, you will need to find another attorney to complete your process and you will be responsible for the fees incurred. BDV does not offer refunds for attorney services.
What if I choose to resign from my job before 1 year?
First - If you are considering leaving your sponsor because of a difficult issue, please consult with BDV Client Services by Chat so we can best advise you of your options and best practices.
No client is forced to work for any employer, but there are consequences for an early departure. Your I-140 could be withdrawn if you do not complete your 1-year commitment.
See this article for information on leaving your job early.
Will BDV find me another sponsor?
No, BDV is unable to find you a new sponsor, and you will need to find your own. This does not mean you need to start the EB-3 process over.
If you are AOS with green card pending, you need to find a new job in a "same or similar" (unskilled job based on your LC) occupation with an employer who is willing to sign your Supplement J. This is because your green card is based on the EB-3 Unskilled category.
If you are experiencing any life circumstances that are causing you to consider not fulfilling your commitment, please let us know so we can advise you on best next steps.
Please reach out to BDV Client Services for more information. We are here to assist you and we want you to have a successful working experience!