If you're currently working for your sponsor, but your priority date is not current for final action of the green card, you are affected by Retrogression (USCIS' backlogged immigration cases).

Here's a webinar we hosted in April 2024 that may help in understanding how Retrogression affects you post-hire:

As a refresher, you may want to check out this article: Retrogression and Pre-hire.

You may have expected to work for around one year for your sponsoring employer. And while one year of work satisfies your contract with BDV, you should continue to remain employed by your sponsor at least until you receive your green card approval. This guidance remains true even if you have worked for one year. Here is an article about working more than 1 year during Retrogression.

The purpose of this guidance is to protect your pending immigrant petition.

In other words, continuing to work demonstrates to any USCIS officer your bona fide intent to work for the sponsor. Failing to work for your sponsor during your I-485 filing period could raise doubts about your intent to work.

In summary, not working for your sponsor during your pending case could result in a denial by USCIS. Further, we strongly advise you to avoid a situation where your I-485 remains pending without a sponsoring employer (i.e. - quitting work without having another sponsor). This could have a series of negative consequences on your case.

In some cases, after your one-year tenure, you may ask your employer for the following:

1) A short break after one year of work with a specified return date. (A break from work is not guaranteed and depends on the sponsor's business needs. The sponsor may not have a spot for you upon your return to work.)
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2) To work part-time temporarily, with the understanding that you would immediately return to work full-time in case of a Notice of Interview, RFE or USCIS inquiry, site visit or home visit. (Part-time work is not guaranteed and depends on the sponsor's business needs.) If you are interested in working part-time after you have worked for 1 year and your green card is pending, see this article. Our immigration attorneys advise you to continue working an EB-3 Unskilled job full-time to protect your pending immigrant petition.
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3) Many of our sponsors begin to offer medical insurance and benefits after one year of working. You can ask if you qualify for benefits.
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4) If you have been working hard and diligently, you may be able to ask for a raise or a promotion. Many of our sponsors are looking for workers to grow with their companies. A promotion in the same line of work will not negatively affect your case. (ie - Food Prep to kitchen supervisor, etc.)

Please note: BDV cannot guarantee that your sponsor will grant these requests. If you have been denied these requests after talking with your sponsor, BDV is unable to make the request for you.
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If you leave your sponsor employer after one year of work with your I-485 still pending and thus have no sponsor, you may jeopardize not only your case but also your legal representation (ie - your current attorney for EB-3 may not be able to file for you to work for a new sponsor.)

If you stop work after one year, you assume all associated risks, and BDV usually does not assist with onboarding with a new BDV sponsor.

Feel free to ask your attorney for further clarification and to assess the risks of your particular case.

This may be possible if you are moving into another an Unskilled role that is similar to the role listed on your LC, you choose to port to your own sponsor, and you are willing to pay the porting fee. If you need to move to another sponsor after 1 year, please reach out to our Client Services Department and inform us of your desire to port. We will provide you with next steps.

We understand that Retrogression is causing many difficulties for our clients, and we know it is frustrating. It is difficult to survive on a minimum wage salary. The EB-3 Unskilled visa is based on entry-level jobs that are low-skill, and most of these will pay minimum wage. Please see this article for suggestions on ways to be frugal during your commitment to your sponsor.

You may also consider working another job besides your EB-3 job. Here is another article about working a second job. You might be able to get a contract job on the side while keeping your EB-3 job. You could even work a Skilled job that pays better as long as it is on the side, and you are still working in your Unskilled job as well.