Determining Eligibility for the EB3 Unskilled Visa

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Inadmissibility Under the Immigration and Nationality Act (INA):

To determine your eligibility for the EB3 Unskilled Visa, you must first ensure that you are not inadmissible under the Immigration and Nationality Act (INA). There are numerous grounds of inadmissibility that can prevent a foreign national from gaining permission to enter or remain in the U.S. permanently.

To assess your eligibility, create an account, and our team will evaluate your ability to participate in this program.

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Common Issues That May Affect Eligibility:

The following are common issues that can make you ineligible or hurt your chances of obtaining an EB3 Visa:

Unauthorized Work in the United States:

• Unauthorized work within the U.S. can make you ineligible for an Adjustment of Status (AOS) under the EB3 Visa process.
• If the unauthorized work does not exceed 180 days, you may be able to adjust your status.
• If unauthorized work exceeds 180 days, you may need to return to your home country and apply for the EB3 Visa through Consular Processing.

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You Engaged in Crimes Involving Moral Turpitude (CIMT)

CIMT includes the attempt or commission of any crime that may result in a felony or more than 2 years in jail. CIMT includes, but is not limited to:

• Murder convictions or felony convictions

An applicant will also be found to lack good moral character if, during the statutory period, the applicant:

• Committed one or more crimes of moral turpitude
• Committed two or more offenses resulting in a conviction within the U.S. and a total sentencing of five years or more
• Violated any law of the U.S., any State, or any foreign country relating to a controlled substance (except a single offense for simple possession of 30 grams or less of marijuana)
• Was confined in the U.S. to a penal institution for a total of 180 days pursuant to a conviction
• Gave false testimony to obtain any benefit under oath or affirmation and with the intent to obtain an immigration benefit
• Was involved in prostitution, commercialized vice, or the smuggling of persons into the U.S.
• Practiced or is practicing polygamy
• Committed and convicted of two or more gambling offenses
• Earned income principally from illegal gambling activities
• Was a habitual drunkard

Unless the applicant establishes extenuating circumstances, they may be found to lack good moral character if, during the statutory period, the applicant:

• Willfully failed or refused to support dependents
• Had an extramarital affair which tended to destroy an existing marriage
• Committed unlawful acts that adversely reflect upon the applicant's moral character, or was convicted or imprisoned for such acts.

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Next Steps:

To learn more about the eligibility process, create an account and proceed through the eligibility questionnaire and informational videos.