Skip to main content
Part-time work

Can I work part-time after my 1-year contract if my green card is still pending?

T
Written by Tech Owner (internal use only)
Updated over a month ago

There are 2 things to keep in mind when considering part-time work:

1) Your case

2) The sponsor's business

Full-time work is best for your case.

If your green card is still pending after you finish your one-year commitment to your sponsor, we advise you to continue working an EB-3 Unskilled job full-time to protect your pending immigrant petition.

We generally advise BDV clients that working less than full-time could weaken their case. (The EB-3 is based on a bona fide job offer of full-time hours, around 40 per week. In some restaurant jobs, full-time may be a bit less.)

Working part-time is a risk, because you will need to show full-time hours in case of a Notice of Interview, RFE or USCIS inquiry, site visit or home visit.

At the time of your interview, you will need to prove evidence of a current bona fide job offer for full-time work. (Your employer will need to sign an Employment Verification Letter stating you have a full-time job offer.)

If you are not working full-time when you get your interview, your case may be denied.

The same is true if you receive an RFE requesting a bona fide job offer.

All-in-all, working part-time for your EB-3 job is a risk that you assume on your own.

The Sponsor may not have part-time work available.

Many sponsors actually need you to continue working full-time. They may not have slots for part-time workers in their schedule.

If you do ask your sponsor for part-time, please know that part-time hours are not guaranteed and it depends on the sponsor's business needs. Also, the sponsor may not be able to provide you with full-time hours upon your upcoming interview.

Additionally, even after your 1 year, if your sponsor has the business need for full-time hours, and you are not willing to work full-time as needed, you can be terminated by your sponsor.

BDV Solutions does not have any role in assigning our clients' shifts, so arranging a part-time schedule is not something we can facilitate for you.

We wish you the best as you consider your next steps, and please let us know if you have any additional questions.

Did this answer your question?