Can Asylum Seekers Switch to an EB-3 Visa?

Published: February 3, 2025

The US granted asylum to 54,350 eligible applicants and relatives in 2023. It’s a significant increase compared to 35,720 asylum grants in 2022. Still, there are more applications filed than adjudicated, creating backlogs in the asylum processing. For instance, 91 percent of the affirmative asylum cases in 2023 were awaiting a decision, with only 2.1 percent approved. 

Processing backlogs can result in unprecedented waiting periods, separating families and creating barriers to employment. Because of these immigration complexities, asylum seekers may explore alternative pathways to secure legal residency and employment, such as EB-3 visas. 

In this post, we’ll examine the intricacies of applying for an EB-3 visa while your asylum application is pending, including eligibility requirements and other key considerations. 

Overview of the EB-3 Visa

The EB-3 visa is classified as a third visa preference category, enabling certain types of foreign nationals to permanently reside and work in the US. It’s relatively broad and less stringent than the other employment-based green card categories.

However with only 40,000 EB-3 immigrant visas allocated each year, the number of applicants often exceeds supply, placing them on waiting lists. Still, how long it takes to secure a green card in the EB-3 category depends on the visa demand and your country of origin. 

Assessing EB-3 Eligibility for Asylum Seekers

Asylum seekers pursuing an EB-3 visa must meet the standard employment-based requirements, including a valid job offer from a US employer. Under 8 U.S.C. §1153(b)(3), you may qualify for the EB-3 visa category if you’ve received a job offer from a US employer for the following positions: 

• Professional workers: You must hold a minimum of a US bachelor’s or its foreign equivalent to qualify as a professional under the EB-3 visa category. Professionals must also fulfill any educational, training, and experience requirements.

• Skilled workers: You can be eligible as a skilled worker when you have at least two years of job experience or training. One must be capable of performing skilled labor in a permanent position. The job offer must also come from a US employer who has proven the unavailability of qualified US workers. 

• Unskilled workers: To qualify as an unskilled worker, you must possess the capacity to perform unskilled labor in a permanent job with less than two years of training or experience requirements. 

Additionally, asylum seekers must maintain a lawful presence to be eligible for the EB-3 visa. Accruing unlawful presence can restrict your ability to adjust your status or secure a visa abroad. Likewise, you must avoid actions that will trigger inadmissibility. Individuals deemed inadmissible are legally barred from entering or staying in the US. 

The Immigration and Nationality Act (INA) specifies grounds for inadmissibility. Asylees adjusting status are exempt from certain inadmissibility grounds, such as those related to public charges, labor certification requirements, and immigrant documentation requirements.

How Switching to an EB-3 Visa Works

Switching from asylum to EB-3 status involves multiple legal considerations. It’s in your best interest to work with an immigration attorney when applying for an EB-3 visa while your asylum application is pending. 

With proper legal assistance, you can ensure your EB-3 eligibility. It can also help you provide strong supporting documentation to preserve credibility with immigration authorities. But in a nutshell, you must fulfill the following requirements to transition to an EB-3 visa category successfully: 

• Acquire a qualifying job offer from a US employer who completed the labor certification process. 
• Have the sponsoring employer file the Immigrant Petition for Alien Worker. 
• If eligible, apply for an adjustment of status in the US. 
• If you’re outside the US, go through the consular processing to secure an immigrant visa. 
• Comply with employment and travel restrictions tied to your new immigration status. 

Evaluate Your Immigration Options With ALG Lawyers

When approved, the EB-3 application can give you an alternative path to being a permanent resident in the US. But the process of applying for an EB-3 visa with a pending asylum case is legally intricate and requires careful consideration. Since EB-3 visas are employment-based, asylum seekers must secure a job offer and comply with other requirements to be eligible. 

The assistance of a qualified Los Angeles immigration lawyer is critical when pursuing EB-2 applications or consular processing while waiting for an asylum decision. Contact our team at ALG Lawyers to discuss the particulars of your situation and guide you through the dynamic nature of the US immigration system.