Skip to main content
Part-time work

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

Corrie McKee avatar
Written by Corrie McKee
Updated over a week ago

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.)

If you've already worked one year at full-time hours, you might ask your sponsor if you can move your hours 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.

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're working there full-time.)

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.

Please know that part-time hours are not guaranteed and it depends on the sponsor's business needs. Also, it may be difficult for the sponsor to provide you with full-time hours at a moment’s notice 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.

If you still want to work part-time hours, you may need to resign and find another sponsor, but please let us know if you decide to do this.

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?