Published: May 27, 2025
Are you a foreign national seeking to secure employment in the US? You can come to the US to work full-time in a permanent position with an EB-3 visa. It’s the third preference category of the US green cards you can access through employment.
Unlike other employment-based options, the EB-3 visa category has less demanding criteria to qualify, appealing to certain professional, skilled, and unskilled workers. Since the Immigration and Nationality Act (INA) restricts the number of EB-3 visas to approximately 40,000 annually, this immigrant visa category is in high demand.
In FY 2023, around 57,310 received lawful permanent resident (LPR) status under the EB-3 visa category. The annual quota, easy eligibility criteria, and considerable demand for EB-3 visas often result in backlogs and extended waiting periods. This is particularly notable for foreign workers applying from countries with a high volume of petitions, such as India and China.
Whether or not you can work while your EB-3 visa is underway depends on your circumstances. This post breaks down what to consider before engaging in employment with a pending EB-3 visa application.
Where Are You Currently Located
The application process for an EB-3 visa varies depending on where you are currently located. If you secure an EB-3 visa outside the US, expect to undergo consular processing. Suppose you’re already present in the US on a different visa. An adjustment of status allows you to accomplish the EB-3 visa processing without needing to leave the US or go back to your home country.
Likewise, your current location plays an immense role in assessing whether you can legally work with a pending EB-3 visa. Below, we’ll examine the distinctions between applying for an EB-3 visa outside and inside the US to maintain lawful status and employment while awaiting approval.
Outside the US
Consular processing for EB-3 visas starts after the United States Citizenship and Immigration Services (USCIS) approves the Immigrant Petition for Alien Worker that the sponsoring employer files on your behalf. The agency forwards your case to the National Visa Center (NVC), which coordinates the next steps.
Attending an interview at the consulate is part of the process, and you can only enter the US after the visa approval. You cannot secure an employment authorization document (EAD) before entering the US as a lawful permanent resident.
An EAD confirms that you’re legally allowed to work in the US during its validity period. It helps ensure that you and your sponsoring employer adhere to employment and immigration laws. Attempting to engage in any employment in the US without a proper work permit can put your visa eligibility and future immigration benefits at risk.
Inside the US
Suppose you’re already residing in the US while holding a nonimmigrant visa. An adjustment of status allows you to switch from your nonimmigrant status to a lawful permanent resident under a specific immigrant category, such as an EB-3 visa.
The ability to acquire an EAD is one of the primary advantages of adjusting your status. An EAD authorizes you to secure employment in the US while your EB-3 visa is under review, which can typically take several months.
What Your Current Immigration Status Is
Your current immigration status also impacts your ability to work while your EB-3 visa petition is being processed. You can continue working under the terms of your nonimmigrant visa if it grants you legal permission to work. For instance, certain visas, such as H-1B, O, L-1B, or H-1B, authorize you to perform a job for a particular employer without acquiring a separate EAD.
Conversely, you cannot accept employment if you hold an immigration status that doesn’t permit you to work. A typical example is a B-2 tourist visa strictly designed for tourism, medical treatment, or other pleasure-related activities. Engaging in any type of work while on a B-2 tourist visa constitutes unauthorized employment.
Simplify Your EB-3 Visa Application With ALG Lawyers
With the appropriate educational qualifications, job experiences, and offers, you can establish your career and residency in the US through an EB-3 visa. But since it’s high in demand, attention to detail at every step is necessary to avoid delays. Your sponsoring employer must also comply with all US financial and regulatory requirements during the application process.
A Los Angeles immigration lawyer with decades of experience handling EB-3 visa petitions is beneficial in making the process easier, from the eligibility assessment and documentation to labor certification and communicating with the USCIS. Contact ALG Lawyers for quality-driven consultation for your immigration concerns. Our team ensures reliable guidance throughout.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)